HomeMy WebLinkAboutContract 44899 arysaft"1W
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CONMCT Not
AGREEMENT BETWEEN 'THE CITY OF FORT WORTH
AND DONNA I YNN DOBBERFUHL `^
SCULPTURAL DESIGNS FOR FINAL ES'IIG AND COMMISSION
of P UBLIC ART FOR POLYTECHNIC WESLEYAN URBAN Vl.LLAGE
This Agreement is entered into this day 2013, by and between the City of
Fort Worth, a home-rule Municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager,, and Donna Lynn DobberfLil-ul and Ned Alvin 1�:.obberf lhl, d/b/a Sculptural
Designs, 1514 Broadway, San Antonio, Texas 78215. City has signated the Arts Council of Fart Worth
and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through
its designated Public Art project t manager.
WHEREAS,S, uM rsu ant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort
Worth residents,to eo.n n error to the pity's rich cultural and ethnic diversity, to integrate the design work of
artists into the development of the City's capital iu frastrueture improvements, and to promote t0lirism and
economic vitality in the City through the artistic design of public spaces-,
WHEREAS, City is Currently iniplermenting street and streetseape improvernents in the 200-3200
bloicks of East Rosedale Street in the Polytechnic/Wesleyan Urban Village (between Connor and Collars
streets)adjacent to Texas Wesleyan University in Council District 8,,
WHEREAS, the Feet Worth Art Con-iniission "F AC" recommended funds for an artwork for
the Site from the Specially Funded Capital Projects Fund
WHER=EAS, it has been determined that 25 color-nns of the seating wall, to he constructed ll along East
Rosedale Street in front of Texas Wesleyan University and the six kiosks to be constructed on the south side
of East Rosedale Street iti front of the historic store fronts provide the best opportunity for public artwork,
WHEREAS, this art Project was included in the Fiscal Year 2013 Annual Work Plan and Budget,
adopted by the Fort Worth City Council out October 16, 2012 (M&C C-25920) as part of the City's
agreement with the Contract Manager for administration of the public art program
WHEREAS!, on November 13, 2012, the City entered into a contract with Artist to, develop'
preliminary artwork design(s) for the Site Fort Worth City Secretary Contract No. 43879);
WHEREAS,S, on March 18, 2013, the FWAC approved the Artist's F''relirninary Design, and
recommended that Artist be retained to develop a Final Design based upon the Prelirninary Design for public
artwork to be incorporated into the Site, and, upon City approval, fabricate, deliver, and install the Work at
the Site- and
WHEREAS, City and Artist wish to set out the terns and conditions under which said Work shall
be designed, fabricated, delivered, and installed to prorncry to the integrity of Art'-',.q ideas iaad,�tatem.ents as
OFFICIAL,RECORD
EMU
3 1
CITIY SECIAMARY
A reemient with'Donna Lynn Dobber^fuhl and Ned Alvin Dobbe'rfuhl d/bla Sculptural ror W
Designs for Final Design and Commission of Public Artwork for Polytechnic l Wesleyan Urban Village,
NOW ri
WAS
represented by the Work, including coordination with City's project consultant,Freese and Nichols.
NOW, THEREFORE, City and Artist for and in, consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby ackilowledged, agree as follows:
ARTICLE I
DEFINITIONS
AS used in this Agreement, the following terms shall have the meanings as set forth below:
1.1 Agreement — Means and includes this Agreetnent between the City and Artist for Final
Design and Commission of public artwork for the Site.
1.2. Artist — Means and it ClUdes Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl, d/b/a
Sculptural Designs.
1.3. Artwork Design —Means and includes, both the Preliminary Design and "final Design of the
Work,which are defined in 1.3.a. and 1.3.b. below.
1.3.a. Preliminary Design — Means all preliminary drawings, sketches, prototypes,
maqUetteS, models, narrative descriptions, budget estimates, and the like that were created by
Artist in connection with the Preliminary Design Contract", depictions of which are attached
hereto as 'Exhibit"A"and incorporated herein for al.1 purposes.
Final, Design — Means the Artist's final,, proposed design of the Work forty the Site,
which is based LIPOR the City-approved Preliminary Design and include, but is not limited to,
all final drawings, sketches,, prototypes, maqUettes, models, and the like, that may be created
by Artist in connection with this Agreement, or the like that are related, directly or
indirectly, to the Work and shall include Artist's specifications, for fabrication and
installation of the Work.
1A* Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, 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'. Execution Phase—Means and includes fabrication,delivery, and installation of the Work.
1.8. Final Acceptance - Means City's written acknowledgement to Artist that all services
f r fabrication, delivery, and installation of the Work have been completed in accordance with the
terms of this Agreement.
Agreement with Donna Lynn Dolbberfuhil and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 2 of 42
t.9. Final Design Deliverables.— Means arid includes those items set foli-th in Article 2.4 of this
Agreement that are required for City's review and approval.
1.10 I" —Means arid includes City and Artist.
Part I es
1.11. Project — Means and includes the capital improvement or PLIblic art developnient
,undertaking,of City for which Artisit's,services are to,be provided pursuant to this Agreement.
1.12. Project Consultant — Means and includes the design fli-ni/professional(s) hired by City to
design the Site.
1.11 Project Stakeholders — Means arid, includes the appropriate City Council Mernber(s), and
their appointed community representatives and the 'Fort Worth Art Commission's appointed representative
arid others as may be appropriate.
1.14 Schedulle - Means and Includes a written plan ofprocedUre for compil�etion of-fabrication,
delivery, and installation of the Work, including, but not limited to,the submission of progress reports.
L 15. Site — Means the 2700-3200 blocks of East Rosedale Street in the Polyteel-mic/Wesleyan
Urban Village (between Connor and Collard streets) adjlacent to Texas Wesleyan University III Council
District 8 and includes 25 COILIMI[IS of the seating wall to be constrticted along East Rosedale Street in front of
Texas Wesleyan University and the six kiosks to be constructed on the South side of East Rosedale Street in
front of the historic store fronts, al I of which are more particularly depicted in, Exhibit "'13," attached hereto
and incorporated herein by reference for all purposes.
1.16# Work— Means and includes the finished object(s) of art and design that are the subject of
this Agreement,or any intertuediary stage of completion, of such work.,
ARTICLE2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's'Preliminary Design was reviewed and approved by the FWAC on
March 18,2013, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a., Artist shall, perform all services and will furnish all supplies, materials, and eqUiptilent as necessary
for developing the Final Design of the Work and for providing the Final Design Deliverables.
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, arid texture of the
Work, subject to review and input from the Project Stakeholders and approval by City as set forth in
this Agreement.
Agreement with Donna.Lynin Dobberfuhl and Ned Alvi�n,D�obberfuh,l d/b/a Sculptural
Designs for Final Design and commission of Public Artwork for Polytechnic/Wesleyan Urban Village 3 of 42
C. Artist's Final Design for the Work shall 1) utilize six hand-carved brick rose has relief panels for the
kiosks, each approximately 4' 7" x 4', derived from a single design by the Artist that shall be
incorporated into one side of each of the six kiosks to be built at the Site-, and 2) a rose design
approximately 16" x 16" cast from the Artist's original carving that shall be installed on the twenty-
five(25) columns of the seating wall.
d. Artist's shall also provide six historical photographs of the Polytechnic Wesleyan comi-n-unity, based
Upon input from the COMI-nullity, and Artist shall provide high resolution digital files, of the six
historical photographs, as well as a written quote for fabrication and installation of bronze plaques
based on the digital files of the photographs from a,qualified, local fabricator/illstaller.
(1) Artist understands and acknowledges that this Agreement does, not Currently contemplate
fabrication of the six cast bronze plaques, but Only those iterns, listed in Article 2.2.c in
accordance with the terms of this Agreement. Should funding become available, the City
may opt to amend this Agreement to allow for the fabrication, delivery, and installation of
the bronze plaques. Artist shall ensure that the City has the full and unrestricted legal right,to
display the content of any Such photographs at the Site, with all Such documentation being in
writing and subject to the review and approval of the City. The location at the Site where the
bronze plaglues will. be installed shall be mutually agreed upon by City and Artist.
e. Artist, upon request of Contract Manager,, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of tile Work, and
permitting.
f. Artist shall meet and coordinate with Project Consultant for proper integration of the Work into the
Site and into t1le construction documents and to allow for sufficient structural Support for the Work.
9. Upon request of City, Artist shall provide written maintenance recom mendat i oils for the Work to the
Contract Manager.
h. Artist shall present the Final. 'Design to the appropriate City committee, City staff, Project
Stakeholders, and other City boards or commissions, as appropriate, for input and to the FWAC for
review and subsequent approval determination at dates and times mutually agreed upon.
11. Artist shall 'participate in one public education event in Fort Worth at a mutually agreed upon date
and tirne.
Artist shall, install the Work on dates and times Mutually agreed upon by Artist and City.
J.
k. Artist shall male a minirnUrn of three trips to Fort Worth,, Texas for meetings, presentations and
installation as indicated above. Additional trips, if required per this Article, may be negotiated and
agreed upon in writing by City and Artist.
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Scuilptural
Designs for Final Design and commission of Public Artwork for Polytechnic/Wesleyan Urban Village 4 of 42
2.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and tiiaterials, 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. Final D,e,s,ign Deliverables
a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article! 2.4 to
City for approval. Final Design Del iverables shall consist of the following:
(1) Detailed, design illustrations of the Work for the Site, which shall be at least 2,0�" x 310"' and
Mounted on foam core and/or in a, high resolution digital format, such as JPEG or ,TIC" files,
showing the proposed Work froni two vantage points with at least one illustration showing
the Work's size and placement in relation to the Site.
(2) A final written narrative of the Work, descrtibling the following: (1) the FIna] Design
concepts and timeline for completion; (2) proposed materials, fabrication', and installation,
methods for all elements of the Work, including information regarding Artist's
SUbcontractor(s), if any, for the Work; (3) maintenance reqUirerrients 'for all elements of the
Work as dictated by Artist, along with cost estimates for annual rnaintenance- and (4)
proposed public education program or activity to be conducted by Artist at a time mutually
agreed upon by the Parties.
(3) A detailed budget, on the budget form attached hereto as Exhibit "C," for fabrication and
installation of the Work in an arnOLint not exceed THIRTY NINE THOUSAND AND
FIVE HUNDRED DOLLARS ANI) NO CENTS, ($39,500.00), which includes all costs
for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining
ning
Artist"s fee., travel and all other associated costs, for the Word . Artist shall also prepare and
submit a separate iternized, budget for fabrication of the historical photographic bronze
plaques, which shall be in addition to the $39,51001.010.
(4) Comprehensive working drawings, detailing the rnearns of installing all elements of the Work
on the Site,, together with other such graphic material to permit City to carry out structural
design review. Professional 1,,,,iability Insurance is required in all circumstances for on-site
artwork requiring engineering and/or architectural services. City will conduct a review of
structural design and other related graphic material prior to installation of the Work. Upon
City's request, drawings must be signed and stamped by an engineer and/or architect
licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate
Agreement with Donna Lynn Dobberfuhl and Ned Alvin DobberfUhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Uirbian Villa!glle 5 of 42
of insurance for each licensed profiessiona] and provide City with a 30-day notice of
cancellation of any policy required hereLinder.
2.5. Final Desi2n Review.
a. Upon full completion of the Final Design Deliverables, Artist shall, present the Finals Design to the
FWAC for review and input at a regularly scheduled FWAC meeting.
bi. After presenting to the FWAC for initial input, Artist shall meet with the designated Project
Stakeholders, City staff, and other City boards or commissions, as appropriate, to, present the Final
Design, at a,date and time mutually agreed upon, for input.
C. Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC
meeting.
d. City shall notify Artist of its approval, or disapproval", of the Final Design, either in whole or in part,
within thirty(301) business:days of Artist's presentation to the FWAC.
e. If City disapproves of the Fillal Design, either in whole or in part, then City shalt inform Artist of
each revision to be made to the Final Design. City, may require Artist to make such revisions to the
.Final Design as City deerns necessary in its sole discretion and/or for the Work to comply with
applicable statutes, ordinances, or regulations of any governmental regulatory agency having
jUrisdiction over the S:ite for reasons of safety and secLifity.
f. Artist shall have thirty (30) calendar days from the date City informed Artist. of the revision(s) to
present the revised Final Design in conformance with City's, requirements.
9. If City disapproves of the resubmitted Final Design, any further Final Desigi,i resubmissions will, be
by mutual agreement of the Parties and Subject to the procedures and tern-ris in this Article. If the
Parties desire not to continue with the resubmission process, then this Agreement will automatically
terminate, with payment for work performed per the payment schedule in Article 3 up through tile
date of tert-nination. (See Article 10.4.d)
h. If Artist's Final Design is approved by City, -then Artist's Final Design shall be incorporated into this
Agreement as an addendum, and shall become the basis,for proceeding to the EXeCLItion Phase of this
Agreement.
i. Upon City's approval of the Final Design, Artist shall, provide the Final Design presentation
materials to, the Contract Manager to become part of the City of Fort Worth Public Art archive
owned by City. These documents,, models, and/or drawings will be retained for archival and
exhibition purposes. Artist"s 'Final Design and all other work product Linder this Agreement shall
become the property of City, without restriction on future use(see Article 6).
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/'b/a Sculptural
Designs for Final Design ands Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 6 of 42
2.6 Execution of the Work
a. If City approves Artist's Final Design and authorizes Artist to proceed to the 'Execution Phase of this
Project, then Artist shall furnish to the Contract Manager a written Schedule within ten(10) business
days after sL,,ich authorization by the Parties. After written approval of the Schedule by City, Artist
shall fabricate, deliver, and install the Work in accordance with such Schedule. Schedule changes
may be accomplished by written agreement between Artist and City.
b. City and/or Contract Manager, Upon, written request, shall have the right to review the 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 2.6 within thirty (30)days after receipt of the written request.
C. Artist shall complete the fabrication of the Work in accordance with the City approved Final Design.
Artist shall present to the Contract Manager, in writing, for further review and approval, any changes
in the scope,, design, color, size, material, or texture of the Work. The Contract Manager, in its
discretion, shall determine whether the changes are significant and whether the changes conform to
the, City approved Final Design. If the Contract Manager, in its sole discretion, determines that the
changes, are significant and do not conform with the City-approved Final, Design, then the Contract
Manager shall, in light of the Final Design,,, determine whether a significant change requires City
approval. If the Contract Manager determines that the significant change(s) requires City approval,
then the change(s) may be presented to the FWAC for review and approval at a regularly scheduled
or special meeting of the C. 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 I I of this
Agreement.
2.7. Delivery and Installation.,
a. Construction of the Site, including, but not limited to, the design, engineering, and labor associated
w itil preparing the Site to receive the Work shall be performed by others, and shall be (lone in
accordance with the specifications jointly agreed to by Artist, the Project Consultant., and City.
Artist is responsible for ensuring that these specifications are provided in accordance with the
schedule provided by City so that City can incorporate them into the construction dOCUrrients and
construction contract.
b. Artist shall notify City, through its Contract Manager, in writing, when fabrication of the Work is
completed and ready for delivery and installation at the Site.
Agreement with Donna Lynn Dobberfuhl and Ned:,Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/'Wesleyan Urban Village 7 of 42
C. Artist is responsible for installing all elements of the Work with the exception of Site preparation or
other elements included In the construction dOCM-nents for the Site. Artist shall coordinate the
installation of the Work with, City and Contract Manager to ensure proper installation with the
SchedUle. Delivery and installation activities niay not commence until written permission is
delivered toArtIst by the City.
d. Should Artist complete the Work in advance of the completion of the Site, Artist shall store the
Work at no expense to City until SLICh a time as the Site is completed and the Contract Manager
notifies,Artist that installation may commence.
e. Artist shall, be responsible for call costs associated with the materials,, fabrication, and installation of
I # -entals, transportation,and labor.
the Work 111CILiding, but not limited to,,equipment I
f. Artist is responsible for obtaining and paying for all necessary permits.
it
9- Artist, indlVidUally and through its subcontractors, including its fabricator, shall take all necessary
precautions to protect and preserve the integrity and finish of the Site 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 darnage. Artist, at its ow n.expense,
shall have thirty (30) days from receipt of City's written notice to repair the damage to the Site to the
satisfaction of City. If Artist fails to repair the damages to the satisfaction of City within thirty (301)
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 the Contract Manager written instructions for appropriate maintenance
and preservation of the Work on the form attached hereto as Exhibit `D" (Technical and
1. The appropriate maintenance and preservation instructions shall not be
Maintenance Record) I I I
substantially different from the maintenance and preservation anticipated and conveyed to City for
the Work in the final design phase, for, the Work. [NOTE The vvrillen instructions provided during
thefinal design h as o etne t
-qject ju�fil p of this e
l all or art hi rquirnt o,the nt su
exte that ch
J"this p t may-1
instruclions represent thefina 'echnica and Mifintenance Record].
2.8. lost-instal lation.
a. Within thirty (30) days after the it'istallation of the Work, Artist shall furnish Contract Manager with
a set of at least fourteen (14) high-resolution digital images (.tiff format) and fOL,irteen (14) low-
resOlUtion, digital ii-nages (.jpeg format) showing the Work from at least two vantage points,,
including detail shots of the carved brick rose bas, reliefs on the six klosks and the cast rose design
Agreernent with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Puiblic Artwork for Polytechnic/Wesleya:n Urban Village 8 of 42
xp
elements on the s,eatwall, as selected by Contract Manager, to document ,the Work after the Work is
installed.
b. Artist shall make his/her best efforts to be available at Rich time or, times as may be agreed between
City and Artist to attend any inauguration or presentatioil ceremonies relating to the transfer of the
Work to City. City shall Use its best efforts to arrange for publicity for the cornpleted Work in such
art publications and otherwise as may be determined between City and Artist as soon as practicable
following installation.
c. For the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, such
I
efforts and/or press releases must be approved, in advance,, by City.
2.9. Final Acceptance.
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 teri,-ns of this Agreement.
Included in Such notice from Artist shall be an affidavit, attached hereto as Exhibit "E" (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 ofthe 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, (2) the 35th day after Artist has sent the written notice to City required Linder
this Article 2.91 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.
2.10. Risk of Loss
The risk of loss or damage to the Work shall be borne! by Artist prior to Final Acceptance, and Artist shall
take such measures as are necessary to protect the Work from loss or damage Until Final Acceptance,
including, but not limited to., the purchase of property loss insurance, except that the risk of loss or damage
9
shall be borne b 1, 1 1
y City or its agents prior to Final Acceptance during such periods of time as the partially or
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
3.1. m,Pe nsat ion.
Total compensation to Artist under the Agreement shall be all amount up to THIRTY NINE THOUSAND
AND FIVE HUNDRED DOLLARS AND, NO CENTS ($319,500.00), which shall Constitute full
compensation for any and all costs associated with this Agreement, including, but not limited to, engineering
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a SCUIPtUral
Designs for Final Design and Cornmission of Public Artwo�rk for Polytechnic/Wesleyan Urban Village 9 of 42
and consulting fees, all travel expenses, and services performed and materials, furnished by Artist Linder this
Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services
are reqUired, which may Include, but not be limited to, the additional bronze plaques listed in Article 22.d.
3.2.
a. City agrees to pay Artist in the following installments set forth below,, each installment to represent
full and final, non-refundable payment for all services and materials provided prior to the due date
thereof:
(1) FOUR 'I"HOUSIAND DOLLARS AND NO CENTS 01001.00) upon execution of this
Agreement.
(2) FOURTEEN rl-'HOUSAND DOLLARS AND NO CENTS ($1.4,000.00 within thirty (30)
days after Artist submits the Final design Deliverables, as required in Article 2.4. of this
Agreement,, and the Final Design is approved by the WAC.
(3), NINE -r,H0USAND DOLE.,ARS AND NO CENTS ($9,000.00) upon the Contract
Manager's, verification tliat the carving of the six (6) brick rose bias reliefs for the kiosks is
% complete and the master for the cast rose elements is 100% corn fete.
(4) NINE THOUSAND DOLLARS AND NO CENTS ($9 000.QQ) 'upon the Contract
Manager's verification that the six (61) carved brick rose bias reliefs and the twenty-five (25)
cast rose elements are 100%complete.
(6) THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.0101 within
thirty-five (35) days after Final Acceptance and receipt by City Of Such documentation it
may reqUire concerni,rig payment of supplies and services rendered to Artist [see Article 2.9].
3.,3. Sales Taxes.,
City is a, tax-exempt organization and no state or local sales taxes or federal excise taxes shall, be diLie upon
the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same
form as that attached hereto as Exhibit" " for use by Artist iin the fulfillment of this Agreement.
3.4. nses.
Artist shall be rest oinsible foir 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 eni,ployees, necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
WARRANTIES
4.1. Warranties of Title and Copyright.
a. Artist represents and warrants that:
Agreement with/donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Deign and,Commission of public Artwork fir Polytechnic/Wesleyan Urban,Village 10,of 42
(1) the Artwork, 'Design and/or Work shall, be the original, product of Artist's sole creative
t:7
efforts
(2) the Artwork Design and/or Work is and will be unique and original and does not infringe
upon any copyright or the rights of any person,
(3) Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the
Artwork Design and/or Work o,r any clet-rient thereof or any copyright related thereto that
may affect or impair the rights granted pUrstiant to this Agreementl
(4) the Artwork Design and/or Work ('or duplicate thereof) has not been accepted -for sale
elsewhere,
(5) the Artwork Design and/or Work is free and clear,of any liens from any source whatsoever,
(6) Artist has the full power to enter into and perfortin this Agreement and to make the grant of
rights contained in this Agreement; and
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(7) all services perk rmed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill and diligence.
4.2 Warranties ofQuality and Condition
a. Artist represents and warrants that all work will be performed in accordance with professional
4'workt-narilike" 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 one year after the date offinal 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 4.,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, CLjre the breach satist.actortly and
consistent with professional conservation standards (in accordance with the American Institute of
Conservation (AIC) Code of Ethics and Guidelines for Practice) and or construction standards,
including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of
the written notice, at no expense to City.
d. if, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 4,2 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 deerned a breach fbr
purposes of this Article 4.2.
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 11 of 42
e. if, after one year from Final Acceptance, City observes any breach of warranty described in this
Section 4.2 that IS curable by Artist, City, shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing,
within thirty (30) days after receipt of the notice as to whether artist will make or supervise the
repairs or restorations. Should, Artist fail to respond within the thirty-day (30) deadline or be
unwilling to accept reasonable compensation under the industry standard, City may seek the services
ofa qualified restorative conservator and maintenance expert.
Acceptable Standard ofDisplay. Artist represents and warrants that:
(1), 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.
(2) Foreseeable eXPOSLIt-C to the elements and general wear and tear will cause the Work to
li i
experience on y -ninor repairable damages and will not cause the Work to 'fall below an
acceptable standard Of pUblic display.
(3) With general routine cleaning and repair, and within the context of foreseeable exposure to
-k will not experience irreparable conditions
the elements and genera] wear and tear, ,the Woi
that do not fall within an acceptable standard of public display, including, but not limited to,
mold,, rLIS,t,, fracturing, staining, chipping,tearing, abrading, and/or peeling.
(4) 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 stanchards. 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 frorn the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
4.3 Survival of Re tes
.,presentations and Warrant"
The representations and warranties in this Article 4 shall survive the termination or other extinction of this
Agreement,
ARTICLE 5
INSURANCE AND INDEMNITY
5.1. General.
Artist shall carry insurance as set forth, in Exhibit"G,"' which is attached hereto and incorporated herein for
all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to installation
f the
1 i f any parrot-t of the fabrication process, will be conducted on City"
Work o n City property. However
Agreement with Donna Lynn Dobberfuhl and Nied Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 12 of 42
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 Article 2.10 hereof,the risk of damage to or loss of the Work,
during fabrication and 'Installation but prior to Fitial Acceptance, shall be solely that of Artist. 7'he risk shall
transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance.
5.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar Undertakings,
5.3. General Ind
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFENI),, AT ITS OWN EXPENSE, CITY FROM AND AGAINST'' Ai
Al" D ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS� CAUSES OF ACTION, LIENS,
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, tNCLUDtNG,
Burr NOT LIMITED TO, THOSE FOR PROPERTY LOSS (1INCLUDING, BUT NOT
LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (l[NCLUDtNGALT NOT LIMITED
TO, DEATH T' ANY AND ALL PERSONS,OR OTHER HAIZM FOR WHICH RECOVERY
OF DAMAGES IS SOUGHT, OF 'WHATSOEVER KIND OR CHARACTER,, WHETHER
REAL OR ASSERTED, ARISING OU1- OF OR RESULTING FROM THE ACTS, ERRORS,
OR MISS NS OF ARTIST AND/OR ARTIST'S SUB,ARTIEST S AND, CONTRACTORS
AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS,MEMBERS,
PARTNERS, AND REPRESENTATIVES IN CONNECTION WIT" THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, Oil NONPERFORMANCE OF T' S
AGREEMEN r1r,
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 perforniance
under this Agreement.
C. Artist,shall require all of its Subcontractors to include in their subcontracts a release and indern nit
y in
favor of City in s,ubstantially the same form as abo�ve.
5.4. IntelICCtUal P,r,op, 1r
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
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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obligations, implied or otherwise, regarding payment or collection of any Such fees or financial obligations.
City specifically does not authorize, pert-nit, or condone the reproduction or use of copyrighted materials by
Artist without the appropriate licenses or peri-nission being secured by Artist in advance. IT IS FURTHER
AGREED THAT ARTIs'r SHALL REI--jEASE, DEFEND19 INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assurnes no obligation to review or obtain appropriate licensing and all such licensing shall be the
exclusive obligation of Artist.
5.5. SUI-Vival
All indeiiinification provisiotis of this Agreement shall survive the ter mi1nation or exlAratlion of this
Agreement.
ARTICLE 6
OWNERSH-11")AND INTELLECTUAL PROPERTY R,IGHrf,,S
6.1. Title.
Title to the Work, including, but not fitinited to, (,:111 docurnents, models and/or drawings that constitute or care
coniponents of the Work and/or the Artwork Design, shall pass to City upon, Final Acceptance and payment
for the Work or pursuant to the applicable ter-mination provision of this Agreement. These documents,
models and/or drawings will be retained for archival and exhibition pi.irposes. Artist's Artwork Design.,
Work, and all Other work products under this Agreement shall beconie the property, of City, without
restriction on except as provided below.
ftitUre use, r w
6.2 _CQpyright Ownership.
Artist retains all rights under the Copyright Act of 1976, '17 U.S.C. Section 101 et seq., as the sole author of
the Work for the duration of the copyright.
6.3 Ri hts.
a. In view of the intention that the Artwork Design and the Work be unique, Artist shall tilot i,nake any
additional exact duplicate reproldluctions of the Artwork [.)esign 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 froni creating future artworks in Artist's manner and style of artistic
express,ion.
b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free, and
irrevocable license to graphically depict Or publicly display the Artwork Design and Work for any
Agreement with Donna Lynn Dobberfuhl and Ned!Al in Doc bberfuihl d:/b/a Sculptural
Designs for Finial Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 14 of 42
non-commercial Purpose whatsoever,. For purposes of this limitation, any graphic depiction or
display of the Artwork Design and/or the Work intended to promote or benefit City, its public
services or its public purposes, regardless of whether or not a fee is charged to the public, or whether
revenue is otherwise received by City, shall be deemed a non-conirnercial purpose.. Notwithstanding
the above lin-ittation, 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, M furtherance of
City's operations or for any other reason.
C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the
following f6rrn: '10, 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:
44an original artwork cornmissioned 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 Artists name.
1'. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist.
ARTICLE 7
ARTIST'S'R.IGIIITS
7.1. Identification.
The Contract Manager shall il'ICILide credit to Artist on the Fort Worth Public Art website
('www.fwpublica rt.or )and facilitate the design, purchase, and installation of a permanent plaqtie at the Site.
9
7.2. Maintenance.
City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work.
City shall reasonably ass ire that the Work is properly maintained and protected, taking into account the
maintenance instructions provided by Artist in accordance with Article 2.7 and Exhibit D.
7.,3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work will be made.
During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all
major repairs and restorations- provided, however, Artist shall not unreasonably withhold approval
for any repair or restoration of the Work. Should Artist Unreasonably withhold approval of any
Agreement with Donna Lynn Dobberfuhl and Niel Alvin Dobberfuhil d/b/a Sculptural
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intended repair or restoration, City shall have the right to make such repair or restoration. To the
extent practicab,le, Artist, during Artist's, lifetime, shall be given the opportunity to make or
personally supervise ma or repairs and restorations and shall be paid a reasonable fee for any SLIch
services, provided that City and Artist shall agree, in writing, prior to cornmencernent of any
significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to,
rnake 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 wade in accordatice with recognized conservation standards in
accordatice with the American Institute of Conservation (AIC,), Code of Ethics and Guidelines for
Practice)and,/or construction standards, including,, blut not limited to,,the 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 restorati oils.
d. 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 without advance
notice to Artist, and SLICh repairs shall not be deemed to constitute artistic alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building, structure or realty, the installation of the
Work may subject it to desti-LiCtion, distortion, Mutilation or other modification by reason of its
removal. If removal of the Work WOUId damage either the Work or the Site, City shall have the right
to remove the Work by any means, including destruction,, in performing maintenance, repair,
renovation, or reconstrUCtiOn of the bUilding, Structure or in devoting realty to a new use. City may
g,ive Artist written notice of its intent to take such action under this paragr�,iph.
b. In the event that 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, Artist
may be given written notice and ninety (90) days to remove the Work at his or tier 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.
C. City agrees that it will not willfully destroy, damage,, or modify the work, except as provided in
paragraphs a. and b. above.
d. In the event the Work is substantially darnaged 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 paragraph.
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.
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7.5. Permanent Record
City shall t-tiatntain on permanent file a record of this Agreement and of the location and disposition of the
Work.
7.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 14. The failLire to do so,, if SLICIII fallUre
prevents City from locating Artist, shall be deemed a waiver by Artist of the right si.ibseqUently to enforce
these pro✓Ur.ilons of Article 8 that require the express approval of Artist. Notwithstanding this provision, City
shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights.
7.7. Additional Rights,and' Remedies.
Nothing contained in this Article 7 shall be construed as a lirnitation on such other rights and remedies
a 'lable to Artist Linder the law, Y I I
val which rna, now or *n the future be applicable.,
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and set-vices hereLinder 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 sarne, and shall be solely
responsible for the acts and omissions, of his/her officers, agents, employees, and subcontractors. Nothing
herein shall be construed as creating a partnership or Joint venture between City and Artist, his/her officers,
agents, employees and subcontractors, and doctrine of respondent sLiperjor has no application as between
City and Artist.
ARTICLE 9
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
ai I
be carried Out Linder the personal Supervision of Artist. Any subcontract entered into under this Agreement
shall be expressly Subject to the terms of this Agreement. Artist shall provide infortnation regarding all
subcontractors, inclUding its fabricator, along with a copy of the subcontract between Artist and each
subcontractor to the Contract Manager.
ARTICLE 10,
1"'ERM ANDTERMINATION
101.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such
provisions in this Agreement, shall extend until final payment to Artist by City.
10.2. Gratuities.
Agreement with Donna Lynn Dobberfuhil and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs fear Final Design and Commission of IPublic Artwork for Polytechnic/Wesleyan Urban Village 17 of 42
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, arnending, or
niacin g of any deters-iinations with respect to this performance of this Agreernent. In the event this
Agreernent is canceled by the City, PLUSUant to this Article 10.2, City shall be entitled, iii, addition to any
other rights and remedies, to recover frorn Artist a surd equal in aniount to the Cost 41CUrred by Artist in
provi ding,such gratuities.
10.3 Incapacitv of Artist
a. In the event that either Donna Lynn Dobbert"uhl, or Ned Alvin Dobberfuhl becomes incapable, legally
or otherwise, of perfornfing their duties and/or obligations under this Agreement, City may choose to
continue the terms of this Agreement with the capable party or terminate this Agreement. In the
event that both one Lynn IC obberfuhl and Ned Alvin Dobberfuhl bleconie 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 incapacity. 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.
should Artist's Final Design have been approved,, in the event of termination under this Article 10.3,
City shall have the right, to complete the Work, if feasible. Dtie regard shall be made for Artist's
intended results and proper credit and acknow I edge ment shall be given to Artist. This provision
shall stirvive the termination or expiration of this Agreement.
10.4 Termination for Convenience.
a. The services to be performed under this Agreement may be terniinated by either party,,, SLI�ject to
w it
rl len notice Submitted thirty(30) 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, 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 or require re the Artist to
Agreement with Donna Lynn Dobberfuhl and Ned Alvin DobberfUhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 18 of 42
remit to City a. um equal to all payments(if any)made to the Artist pUrsuant to this Agreernent prior
to the effective date of termination. If City chooses to pay Artist for services actually rendered, then
all work product produced by Artist Linder this Agreement, inClUding, but not limited to, finished and
unfinished drawings, sketches, photographs,, models, designs, the Work up to the effective date of
teralination shall, beconie property of City.,
d. If termination is by mutual agreement of the Rarties as set forth in Article 2.5, then City shall pay
Artist for work performed per the payment schedule in Article 3 up through the date of termination.
City shall have the right to possession and transfer of all work product produced by Artist Linder this
Agreement, Including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, and designs, tip to the effective date of termination
10.5. Termination for Cause.
a. If either party to this Agreement shall fail to fult'ill their obligations in accordance with the tern of
this Agreenient, or otherwise violate any of the covenants,, agreements,, or stipulations material to this
Agreement, then the Plat-ties shall first atternpit to resolve any disputes arising from this Article 10.5
in accordance with the dispute resolution process set forth in Article 1. 1 of this Agreement. If the
Pat-ties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to
terminate this Agreement upon the delivery of a written of Termination" specifying the
grounds for term i t'ialjon. Termination of this Agreemerit under this Article 10.5, shall not relieve the
party in default of any liability for damages resulting frorn a breach or a violation of the terms of this
Agreement.
b. If City terniinates, this Agreement pursuant to this Article 10.5, 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 arid remedies available to City at law or in equity. If City exercises its right to complete
the Workthen, notwithstanding anything to the contrary:
(1) title to the Artwork Design, Work.,, are or all other work product under this Agreement
and/or any prior agreement for the Work, including, but not limited to, all dOCUrlients,
models, and/or drawings that constitute or are components of the Artwork Design and/or
Work, shall pass to City arid become the property of City, without restriction on future use,
immediately upon the ;City's exercise of its right to complete the work;
1
(2) Artist shall forfeit any arid all, rights to the Artwork I")esign,, Work, and/or all other work
product Linder this Agreernent and/or any prior agreement for the Work, including, but not
limited to, those stated Linder Articles 6 (Ownership and Intellectual Property) and 7 (Artist's
Rights)of this Agreement,
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a SculptUral
Designs for Final Desi:g,n and Commission Public Artwork for Pollytechnic/'Wesleyan:Urban Village, 191 of 42
Artist automatically sells, assigns, and transfers to City, the entire right, title, and interest in
and to the Artwork Design, Work, and/or 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. SS 101 et. seq., and all the rights and privileges appertaining thereto, including,
L-1
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/or Work, the same
to be field 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, and/or
any other work product Linder this Agreement and/or any prior agreement for the Work; and
(5) Artist, pursuant to this Article 10.5, hereby acknowledges the rights of attribution and
integrity conferred by Section 1,016A(a)l of itle 17 of the U.S. Code, (as amended or as it
niay be amended in the future) Titled "Visual Artists Rights Act," arid 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/or all other work product Linder this Agreement and/or any prior agreement as a public
artwork. Nothing in this Article 10.5 shall affect the survival of Articles 4 (Warranties), 5
(Insurance and Indemnity), and 8 (Artist as an Independent Contractor) of this Agreement,
which shall remain in full force and, effect upon termination of this Agreement.
ARTICLF II
,DISPUTE RFSOLUTION
a. If either Artist or City has a cl,-aini, dispi-ite, or other matter in question 'for breach of duty, obligations,
services rendered or any warranty that arlSCS Linder this Agreement, the Parties shall first attempt to
resolve tliese 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 (101)
business days of receipt of the notice, both parties, shall make a, good faith effort, either through email,
m H
al , phone conference, in person meetings, or other reasonable weans 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(60)calendar days of the date of receipt of the notice
of the dispute,then the Parties may submit the nialter to non-binding mediation upon written consent of
the authorized representatives of both parties in accordance with Chapter 1 54 of the Texas Civil Practice
and Remedies Code and Chapter 2009 of the Texas Government Code, then, in effect. Request for
tin ed 1 ation shall be in writing,and shall req:UeSt that the mediation commence not less than fifteen(15)or
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuh!d/b/a Sculptural
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more than forty-five (45) calendar days following the date of request, except upon Agreement of the
Parties. 1n the event City and Artists are unable to agree to a date for the mediation or to the identity of a
InUti.lially agreed mediator within thirty (30) calendar days following, the date of the request for
mediation,then all the conditions precedent in this article shall be deerned to have Occurred. I'he Parties
shall share the mediator's fee and any filing fees eqUally. Venue for any mediation or lawsuit arising
under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be
enforceable as a settlement agreenient in ally Court having Jurisdiction. No, provision of this agreement
shall waive any immunity or defense. No provision of this Agreement constitutes consent to Sue. If the
Parties can-not 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 10.5)
ARTICLE 12
EQUAL OPPORTUN ITY
a. Artist, shall not engage in any Ul"llawfull discrimination based on race, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and
warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions,.
b. In the event of Artist noncompliance with the nondiscrimination clauses of this, Agreement, this
Agreement may be canceled, terminated, or stispended in whole or in part, and Artist may be
debarred from further agreements with City.
ARTICLE 13
MISCELLANEOUS
13 1. Compliance
Artist shall comply with all Federal, state,, and local statutes, ordinances, and regulations applicable to the
performance of Artist's services under this Agreement.
13.2. E n t i re_A�ree m�e-rit
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.
13.3. 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.
13.4. Waiver
Agreement with Donna Lynn DobberfUhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and commission of Public Artwork for Polytechnic/Wesleyan Urban Village 21, of 42
IN
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.
13.5. Gove.rnI'ng L,aw and VenUe
If any action, whether real or asserted, at law or in eqLljty, arises on the basis of any provision of this
Agreement, venue for Such action stiall lie in state Courts located in Tarrant County, Texas or the LJnited
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.
13.6. Successors,and Ass jgtj�
Neither party hereto shall assign, s,ub�let, or transfer its interest herein without prior written consent of the
other party, and any attenipted assigninent, 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 Ot.Y Al
and Artist and their respective successors and perrmtted assigns,.
13.7. No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any l,awftil
Successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person
or entity.
13.8 Severahilit
If any provision of this Agreement shall be held to be invalid, illegal, or' unenforceable, the validity, legality,
arid enforceability of the remaining provisions s ha ll not in any way be affected or impaired.
13.9. Force Maieure
It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclenient weather;
governmental restrictions,, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted Under the terms,of this Agreement to do or perform the
sanie, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so,
obligated or permitted shall be excused from doing or performing the same during such period of delay, so
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period SLICh party was delayed.
13.10. Contract Construction
The Parties acknowledge that each party and, if it so chooses, its COLInsel, have, reviewed and revised this
Agreement and that the norma] rule of construction to the effect, that any ambiguities are to be resolved
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Design s for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 22 of 42
against the drafting party MUSt not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
4 3.1 I.—Fiscal FUnding_Out
If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fail,s to
appropriate funds Sufficient for the City to f(A I fi I I its obligations Under this Agreement, the City may
terminate this Agreement to be effiective on the later of (1) thirty (30) days following delivery by City to
Artist of written notice of City's intention, to terminate or (ii) the last date for which funding has been
appropriated by the Fort Worth City Council for the purposes set forth In this Agreement.
13.12.- Captions
Captions and headings, used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreernent.
13.13 to Audit
Artist agrees that City will have the right to audit the financial and: business records of Artist that relate to the
or (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 (3) years thereafter, the Artist sha-111 niake all Records available to the City at 1000
TI-Lrockmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties
following reasonable advance notice by the City and shall otherwise cooperate fully with the City dUring any
audit. Notwithstanding anything to the contrary herein, this Article shall survive expiration or earlier
termination ofthis Agreement.
13.14. Certified MBE/WB,E,.
If applicable, Artist is encouraged to make its best effort to becon'ie 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.
13.1151 Survival Provision,
The provisions contained in Articles 4 (Warranties of Title and Copyright), 5 (Indemnification), 6
(Ownership and Intellectual Pro erty Rights), and 8 (Artist as an Independent Conti-actor) shall Survive the
tertnination or expiration of this Agreement.
13.16 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 sub j
.ect to diSCIOSUre under Chapter 5512 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, la. , rule, or judicial order by a court of competent
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Colmmiissiion of Public Artwork for Polytechnic/Wesleyan Urban Village 23 of 42
jurisdiction, City will notify Artist prior to disclosure of such docurnents, and give Artist the opportunity to
submit reasons for objections to disclosure. City agrees to restrict access to Artist's information to those
"thin its organization who have a, need to know for purposes of management of this Agreement.
persons wi I
City agrees to inform its employees of the obligatiOnS Linder this paragraph and to enforce rules and
procedUres that will prevent any unauthorized disclosure or trailsfer 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. 1"he foregoing obligation
regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this
Agreement.
13.17 Counterparts and Electronic S natures
J'his Agreenient 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.
13.18. Time Extensions
The Parties may agree, in writing,,to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 14
NOTICES
All notices, requests, dernands, and other C011111111111cations which are required or permitted to be given Linder
this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt
thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt
requested., postage prepaid,,as follows'.
1. CITY OF FORT WORTH: Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckniorton Street,Third Floor
Fort Worth,Texas 76102
Copies,to.. City Attorney.
Office of the City Attorney
City of Fort Worth
100�O Throckmorton Street,Third Floor
Fort Worth,, Texas 76102
Martha Peters, Vice ["resident, Public Art
Arts Council of Fort Worth& Tarrant County
13100 Lend; Street
Agreement,with Donna Lynn Doibberfuhl,and Need Alvin D,obiberfuihil d1b/a,Sculptural
Designs for Final Design,and commission of Public Artwork for Polytechnic/Wesleyan Urban Village 24 of 42
Fort Worth, Texas 76107
2. A RTIST Donna Lynn Dobber-fuhl and Ned Alvin Dobberfuhi
d/b/a Sculptural Designs
1514 Broadway
1 0, rl
'"
San Antont X 78215
IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the
Eff&tive Date.
CITY OF FORT WORTH ARTIS'I"
IF- A
< I
by:
Fernando Costa Donna Lynn Dobberfuhl
Assistant City.Manager d/b/a Sculptural Designs
Date: Date.-
W
Ned Alvin Dobberfuhl,
d/b/a SCUIPtUral Designs
APPROVED,AS TO FORM
AND LEGAL.ITY: Date:
7*a'-1 I a c h
APP
*OR7*
Assistant City Attorney WN30
'0
A oa
Mary ser
City etary
Contract Authorization:
No M&C Required
OFFICIAL RECORD
Agreement with Donna Lynn Dio,biberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village
*'�
or
Foit Woi*'T'exas 7'6107
2. ARTIST Donna Lyan Dobbeifibl and'Ned.Alvin,Dobberfuh],
d/b/aSculptural Designs
1514 Broadway
San A-nto.uio TX 7821
IN WITNESS HERE01'.the Parfies hereto have executed tbis Agreement to be effec6ve as of the
Mectilve Date.,
CITY OF FORT WORM ARTIST
by-
Fei-nando Closta Donna Lymi Dobbe ihl
Assistant City Manager dfbi/a Sculptural Designs
Date- Date
1.446.1-, A 4�
Ned AMA DobberUil
APPROVED AS TO FORM, d/b/a Sculptural Designs
�
AND LEGALITY: Da . 9 2,3
Tyler F.Wallach
Assistant City Attorney
ATTESTED BY:
Ma J.Kayser
City Secretary
Contract Authoii2ation:
No M&C Required
Agreement Ath Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptura�,
Des,igns for Final-Design,and commission of Pi,jbfic Artwork for Polytechnic Wesleyan Urban Village 25 of 42
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Agreement with Donna Lynn DobberfUhl and Ned Alvin Dobberfu hl d/b/a Sculptural
Designs for Finall Design and Commission of Publiic Artwork for Polytechnic/Wesleyan Urban Village 32 of'42
r
.fix ibi C Budget Form
PORT* LIC ART PROJECT BUDGET, 'A
r � iii,,,, �r,, „,;���,,, ,na,�,r 41 bt-`,!'ant':a"i r
s t
��„
�.ANMl,,
an r
AF TIST"S FEE
TRAVEL
(For artists vito live more that)50 miles froni Fort Worth)
A40are
Per Di Expenses of per dad
Mileage at �per mil
INSURANCE
General Liability for Artist'Subcontractors
'A rker's Comp.I Em -lo ergs Liability
Other.asapplical)Ie
ADMINISTRA11VE EXPENSES
I r n !F
Deljverjd, hipping(for cafrespondence,samples,rnod lrs,drawings etc)
Reprographic Ser��ice
p li es
PROFESSIONAL`IAL CON aULTANT FEES
(If applicable,drawing rTAIst be signed and sealed ley a pmfessional registered to, practice
in the:state of Texas)
Archwitecr
Structural Ejigineer'
Electrical Engineer"
conservatw
Ph t ,r 0e;-(for der,riienfatton of completed workY
MATERIALS
(Pllease attach a complete lug of'nateria Is,ften,i=re all j nti;ipat d aspenicis and
components' ith per unit cost sti r i t
Materials,Total:
FABRICATION POSTS
(Include and iter.-nze all p rti ns,of s0contracted work and work to I)e coniplete l by
arltist.
Artist's Lai;,or I hours at per hour)Total
UI)MV7 c"t d Labor**(Total)
F iliti/Eq i err t Rental(rI rl exclusively f+r this project)related to fabrication
SITE PREPARATION
(Do not include costs covered by F°,!"'P ,Cjry of Foft Worth Or th fsi
Test pulling'
Removal*
Lan s pingl rri attr "
Electrical Modifications*
tions*
Wat r oNilMechanical Devices
Other*
(Revr d May 20f t)
Agreement with Donna Lynn Dobberfuhl and Ned Alvin D bbertuhl d/b a Sculptural
Designs for Final Design and Commission of Public,artwork fbr Polytechnic r Wesleyan Urban'pillage 33 of 42
TRANSPORTAT-ION
Materials to Fabrivation Site",
Finished:Work to Installahon 34e*
BASEWOUNTING
lea se
MOUnting Dev'ices and Coniponents
FO Undo ba,rv,FDoting
Other
INSTALLATION COSTS
(Costs must include allowance for after hours installation,if applie'aWe.Plea'se attach a
comClete fist of equipment and individual esfintafies with this form)
Subcontracted Labor'
Scaffolding"*
Equipment Rental related to instatlation*
Off duty PolicetSecuri4t*
Traffic Barrier b-'
Stonage FalctIN. Rental,*
City Permits
Display Dev9ces
Fireproofing*
Site Restoration*
Other-'
LIGHTING
Designers*
FiXtUres"
Btilts*
Site Prepar-ation'
Insiallation",
GRAND TOTAL
Please nike any necessary notes here:
Prepared BY:
D ate:
(Revised May 2011)
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 34 of 42
lb It D-. Technical and Maintenance Record
GENERAL INFORMATION
Artist.-
Address:
Telephone.-
Cell.
E-malk.
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork-.
Project Name and Location Address:
FWPA Project Manager*.
Description of Artwork-, (attach separately if necessary):
Artwork Diinens[ons',
Height: Width: ........ Depth:
Pedestal or Pad Material.:
Pedestal or Pad Dimension S4.
Height: Width: Depth-
Location & Description of Signature Markings(or copyright).
Edition Infori"nation if applicable-,
Date of Execution:
Place of ExeCLItiOn.'
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 35 of 42
Collaborating Artist-.
Fabricator if other than artist)mm
Fabricator Address-
..............
Meti,iods/M�iterials 'Used in Execution of Artwork
Materials (list type, brand name and manufactUrer of all niaterials; attach Material Safe-ty &Technical, Data.
Include contact names for all! suppliers and attach warranty infortlaation):
..............
Construction Description-. (list all fabricators and any architects, enginelers or othier 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-.
Casting Alloy, Wax Body, Glass,oir Fiber"rype:
Agreement with Donna Lynn Dobber-fuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design,and Commission of Public Artwork for Polytechnic 1 Wesleyan Urban Village 316 of 42
Finishes & Coatings,(paint color and type, glaze, patina,any and all coatings InClUding fixative, UV, graffiti,
etc. 'Please list vendors and contac,t infim,flation and provide all product inforniation):
Pedestals,, Foundations& Footings, Mounting and Attachnient Applications
(List all materials used to install artwork on site. 111ClUde vendor information, parts numbers, warranties and
agreements.)
.....................................
Integrated Components
(List all components Included in design and fabrication contracts that ftinction 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 meth d, provide photo documentation if available. List name and
contact Information of installation crew. Attach any diagrams or disassembly InistrLiCtiOnS.)
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/'a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 3 7 of 42
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 Spe�cial Circumstances of Note
...........
Artist's Intention
(Please describe your view of how the artwork will change over tit-ne and in response to environmental
conditions. Artist's vision of how the artwork will look in the future assists FWPA in realizing an
appropriate conservation action plan. In addition to environaiental conditions, public artworks are often
affected by public handling, landscaping and site changes. Please clearly detail expectations for this
artwork., Please address issues related to the liCe expectancy of this artwork)
...............
Exhibi't E-. Affidavit
Agreement with Donna Lynn Dobbe,rfuhl:and lied Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Cornmission,of Public Artwork for Polytechnic/'Wesleyan Urban Village 38 of 42
AFFIDAVIT OF BILLS PAID
Date:
A ffi ant:
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 n'laterials
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 darnages.
A ffi,an t:
SUBSCRIBED AND SWORN TO before tne,the undersigned authority, on this the
day of 12,013.
Notary Public, State of Texas
Print Name
Commission Expires
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design dl Commission of Public Artwork for IPolytechnic/Wesleyan Urban Village 319 of 42
Exhibit F: Sales Tax Exemption
CIA I CAIT OF
I idailn c,in,exemprioll fioni Zia d u,,;c t1axCS fiM If le, (ft LXX,'Ibl
1-wlow or on(Itt attached OTAff OF IrAltlice,
Dvs,ciiption of Itcius(t an amactitx](nxter or I nvoice) I to 13v PutOuilsed,
I claim this ctit plioll Rit the filiflowing rc t�wtvl
Na,me otBetrip Organization': CITN'OF FORT NVORT11,TEXAS
T"F.,XA,.'*,'�' .S:A,,t,F,,.S'A.ND USE 1AX PERMIT NUNIBER 1-75-60001,528-6
P mj ect fcr w hi cli in at ertwr Is and s o,rj,)j I a re P LITC hastul
I un4:cNu,,vj)J that I�v fll be liable fi)r of,,,sales,utx,whicli may bect"vtne chic tbr "jai llure,tocomply
%filli ffic Pmvi'viioll's(�4 r e state.city,and.ior marop,(d i tan transit authority mu le' and use tax WA,S and
t.labifity for tree tax wl",11,Ix, -(IcterinincO by t1i,e tai paid
fix tfie uixab le,itenis,purchascii or 1,I)e nurkerl rental val uc t;it thv,tvtiod of*timc used.
I understand that It t's,a niisdeiiicarwr to Wive an excmption"r,t)"fitcate tit i the-iriler for taxable item s%Oich,
al tile time of"the purcluise,will be used in a anatincr othe,,T d'u"in thm cxrcmic(l In thi-s octlificatc
and,upon conviction.Z11'aY he fint'N"j,4,P to 5500 pet offell.k.,&..
I Status Our c it)13
Purchaser CITY Of FIMT NVORTH.,,rEXAS
Struct Addrcs--,s,,. 10,00'TIIROC'K,I%IOR"'I�"ON'S*I"REET
City.State.dip Code:FORT WORTH.TEXAS 76102
17 49.) K5 1,
Sign,HcTc-- DY11'e. June 11,01,00,()
0 1*11,ionc� 8 7
7"
"I'his certifil catc,tart llk)t t04 UIN a n Ltral,vT to, fNc al id Sales and ul�,uilx"ex 011,1114 10t)nu:mbcm-�*or-txx
exettIP4,"nuinhers do rlcwt ex
"I'Kis ccrlifk ir lu)ulfl be furnis,bed co the supplicu Do,rictl send the counplelv"d nfciticutc to(he
Comptroller of Public
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic/Wesleyan Urban Village 40 of 42,
Exhibit G: Insurallice Requirements
PUBLIC ART PROJECTS - 1NSURA'NCE REQUIRE�/IENTS
Artist shall meet all the following inSUrance requirements for this Project, naming City as an additional
111SUred on each polli,cy of insurance, except Wor rs Compensation. If Artist SUbcontracts fabrication,
transportation, and/or instal latiot'i of the Work, they Artist shall also require his/her Subcontractor(s) to abide
by all of the following *Insurance requirements,. Artist shall require the subcontractor(s), to, name Artist and
City as additional inSUreds.
Comt,iiercial General Liability (CGL)
$1,000,000 Each occurrence
$,21000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors,
prod LICtS/COM plet d operations, personal injury, and contractual liability. Insurance shall be provided on an
Occurrence basis, and be as comprehensive as the Current Insurance Set-vices Office (ISO) policy. The policy
shall name City as an additional Insured.
Automobile Liabillity
$110001000 Each accident
or
$250000 Bodily Injjury per person
$500,000 Bodily in njoury per occurrence
$10000 Property Damage
A commercial business policy shall provide coverage on "Any Auto,"' defined as autos owned, hired and
non-owned.
For Artist and/or Artist's Subcontractors who have employees: Workers' Compensation
Statutory finjits
Employer's liability
$1001000 Each accident occurrence
$1001000 Disease- per each em,ployce
o
$5001000 Bodily hijUry/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
Thirty (30)days notice of cancellation or non-renewal.
Example: "This insurance shall not be cancelled or non-renewed, until after thirty (30) days prior written
notice has been given to City of Fort Worth, except for ten(1 0)days notice for non-payment of pretnt"UtIl.
Waiver of rights of recovery (subrogation) in favor of City of Fort Worth.
Agreement with Donna Lynn i DobberfUhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Pol'ytechnic/Wesleyan Urban Village 41 of 42
The insurers for all policies Must be licensed approved to do business in the State of Texas. All *insurers
must have a 1"ninintUrn rating of A- V11 in the current A., M. Best Key Rating Guide or have reasonably
equivalent financial strength andl 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. Fxcess, Liability shall follow form of the primary covet-age.
6`Unless otherwise stated,, all reqUired insurance shalll be written on an "occurrence basis." If coverage is
w 'tten on a clairns-mad I coincident I
ri e basis, tile retroactive date shall be with or prior to the data of the
contractual agreement and the certificate Of insurance shall state that the coverage is claims made and the
retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement
and for five (5),years following cornpletion of the service provided under the contractLial agreement or for the
warranty period, whichever is longer. An annual certificate of ins=trance submitted to City shall evidence
such insurance coverage.)
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 lieLl of traditional insurance, alternative coverage maintained through, insuratice
pools or risk retention groups, must also approved by City's Risk Manager.
City, at its sole discretion, reserves, the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon
changes in statutory law, court decision or the claims history of the industry as well as of the contracting
party to City of Fort Worth., City shall be required to provide prior notIce of ninety days.
City shall be entitled, upon request and without expense,, to receive copies, of policies, and endorsements
thereto and may make any reasonable requests for deletion or revision or modifications of particular, policy
terms, conditions, limitations,, or exclusions except where policy provisions are established by law or
regulations binding upon either of party or the underwriter oil any such policies.
Agreement with Donna Lynn Do:bberfuhl and Ned Alvin Dobberfuh!d/b/a Sculptural
Designs for Finali Design and Commission of Publiic Artwork for Polytechnic/Weslleyan Urban Villlage 42 of 42