HomeMy WebLinkAbout064262 - General - Contract - Ariel DavisCSC No. 64262
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND ARIEL DAVIS
FOR PUBLIC ART FOR FIRE STATION #26
This Agreement is entered into by and between the City of Fort Worth ("City"), a home-rule
municipality of the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City
Manager, and Ariel Davis ("Artist"), an individual located at 4929 Birchman A venue, Fort Worth, Texas 76107
The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. D/B/A Arts Fort Worth, to
manage this Agreement on its behalf ("Contract Manager"). The Contract Manager shall act through its
designated Public Art Project Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances,
the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth
residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists
into the development of the City's capital infrastructure improvements, and to promote tourism and economic
vitality in the City through the artistic design of public spaces; and
WHEREAS, funding for this project was included in the Public Art Plan for the 2018 Bond Program,
adopted by the Fort Worth City Council on November 6, 2018, as M&C G-19401, and this project is included
in the Fort Worth Public Art Fiscal Year 2025 Annual Work Plan, adopted by the City Council on November
12, 2024, as M&C 24-1001; and
WHEREAS, the Public Art Project Outline was approved by the Fort Worth Art Commission
("FWAC") on August 19, 2024, and is attached as Exhibit "A"; and
WHEREAS, Contract Manager is conducting an Artist Selection Process based on proposals, in
accordance with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update,
adopted by City Council on October 17, 2017, as M&C G-19140. The Contract Manager facilitated an Artist
Selection Panel meeting, during which all panelists reviewed the qualifications of artists and recommended
three finalists for the Project; and
WHEREAS, Artist has been selected as one of three fmalists and is being asked to develop a
Conceptual Design Proposal and submit that proposal for review and consideration by the Artist Selection
Panel. The City intends to select one proposal for the Project based on submissions by the individual fmalists
with no guarantee that any particular artist or proposal will be selected to proceed to the next phase of the
Project; and
WHEREAS, under this Agreement, Artist shall develop a Conceptual Design Proposal for the Site;
and, if in the future the City decides to move into the Final Design and Commission phases of the Work, Artist
and City may execute Final Design and Commission Addenda in substantially similar form as attached; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be
completed to promote the integrity of Artist's ideas and statements as represented by the Work;
Agreement between the City of Fort Worth and
Ariel Davis for Public Art for Fire Station #26
Page 1 of49
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth, the sufiiciency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement — Means and includes this Agreement between the City and Artist for Conceptual
Design Proposal of Public Art for the Site, and may also potentially include subsequent Final Design and
Commission Addenda, if the City chooses to move forward with the Project, and any amendment thereto.
1.2. Agreement Addenda — Means and includes the Final Design and Commission Addenda,
which shall define the scope of work and payment schedule for subsequent phases of the Project, if applicable.
1.3. Artist — Means and includes Ariel Davis.
1.4. Artist Selection Panel — Means and includes the appointed voting panel generally
compromised of art professionals, an elected representative(s) of the Project Core Team, a Fort Worth Art
Commission (FWAC) representative, and the City Council Member in whose district the project is located (or
their designee). City staff representatives and other members of the Project Core Team serve as non-voting
advisors on the panel.
1.5. Artwork Design — Means and includes the Conceptual Design Proposal and, if applicable,
Final Design, which are defined below:
1.S.a. Conceptual Design Proposal — Means all developed conceptual drawings, sketches,
prototypes, maquettes, models, narrative descriptions, budget estimates, presentations, and the
like that are created by Artist in connection with this Agreement and/or any prior agreement
between Artist and City for the Work.
1.S.b. Final Design—Means Artist's final proposed design and exact location(s) ofthe Work
for the Site, which is based upon the Conceptual Design Proposal and includes, but is not
limited to, all final structural engineering drawings, sketches, prototypes, maquettes, models,
and the like that may be created by Artist in connection with any Final Design Addendum,
and shall include Artist's specifications for fabrication and installation of the Work.
1.6. Artwork Commission — Means the fabrication, delivery, and installation of the Work at the
Site.
1.7. City — Means and includes the City of Fort Worth.
1.8. City Council — Means the City Council of the City of Fort Worth, Texas.
1.9. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc. D/B/A Arts Fort Worth, and/or its officers, directors, and employees.
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Ariel Davis for Public Art for Fire Station #26
1.10. Design Deliverables — Means and includes those items set forth in Article 2.4. of this
Agreement, as well as any Final Design Deliverables described in any subsequent Addenda, that Artist is
required to submit to Contract Manager for review and approval.
1.11. Effective Date — Means and includes the date this Agreement is executed by the City. It is
understood that Final Design and Commission phases, if applicable, will have separate effective dates, as
defined therein.
1.12. Final Acceptance — Means City's written acknowledgement to Artist that all services for
fabrication, delivery, and installation of the Work have been completed under the Commission Addendum
1.13. FWAC — Means the Fort Worth Art Commission, an advisory body appointed by Fort Worth
City Council to oversee the Fort Worth Public Art Program.
L14. Parties — Means and includes City and Artist.
L15. Project — Means and includes the capital improvement or public art development undertaking
of City for which Artist's seivices are to be provided pursuant to this Agreement.
L16. Project Consultant — Means and includes an entity contracted by City to design and/or
construct the capital improvement associated with Project.
1.17. Project Core Team — Means and includes the group of community members (generally 5-7
people) who are invited by the City Council Member(s) to provide input on the Project for its duration, in
accordance with the Fort Worth Public Art Master Plan Update.
1.18. 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.
1.19. Schedule — Means and includes a written plan for completion of fabrication, delivery, and
installation of the Work, including, but not limited to, the submission of progress reports.
1.20. Site — Means the new Fire Station #26 to be located at 4915 W. South Drive, Fort Worth,
Texas 76132, (Council District 6), as depicted in the Project Outline attached hereto as Exhibit "A."
1.21. Work — Means and includes the finished object(s) of art or design that are the subject of this
Agreement, or any intermediary stage of completion of such work.
ARTICLE 2
PURPOSE, CONCEPTUAL DESIGN PROPOSAL SCOPE OF SERVICES, AND DELIVERABLES
2.1. Purpose.
The purpose of this Agreement is to solicit a Conceptual Design Proposal from Artist for review by
the Artist Selection Panel for this Project, who will ultimately select one artist from among three finalists to
recommend to the Fort Worth Art Commission (FWAC) for approval. Upon approval by the FWAC, the
selected Artist would then proceed to the Final Design phase of the project. By execution of this Agreement,
Agreement between the City of Fort Worth and Page 3 of 49
Ariel Davis for Public Art for Fire Station #26
the City does not guarantee that Artist will be selected or approved to proceed to the next phase of the Project
and specifically reserves the right to reject all proposals or select one or more other proposals.
2.2. Conceptual Desi�posal Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Conceptual Design Proposal of the Work. Services shall be performed in a
professional manner and in strict compliance with all terms and conditions in this Agreement.
b. Prior to commencing the Conceptual Design Proposal, Artist shall participate in a finalist orientation
at a mutually agreed upon date and time.
c. Artist shall coordinate with City staff and City's Project Consultant on safety and engineering
requirements for the Work. The specific location at the Site 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
appropriate City staff for purposes of risk assessment, safety review, siting of the Work, and
permitting.
e. Artist will meet and coordinate with Contract Manager, City staff, and others, as necessary, to explore
the feasibility of integrating the Work into the Site in terms of structural support or other infrastructure
needs for the Work.
f. Artist shall develop the Conceptual Design Proposal within the budget set forth in Article 2.4.a.iv.
below.
g. Artist shall prepare and present the Conceptual Design Proposal to the Artist Selection Panel via Zoom
at a mutually agreed upon date and time.
h. Artist shall allow video recording and photography of their Conceptual Design Proposal presentation
to the Artist Selection Panel.
i. Four weeks prior to final submittals, Artist shall individually meet via Zoom with the Contract
Manager for the purpose of a proposal progress report to receive feedback on Artist's initial concepts
and have the opportunity to ask questions.
j. To maintain the integrity of the City of Fort Worth's public art process, if Artist intends to seek their
own publicity for the Work, including publication of the artwork design on Artist's website or social
media, such efforts will occur after the artist selection process is complete and a conceptual design
proposal has been approved by the FWAC. Any potential publicity being sought for the Work,
including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit
the City of Fort Worth in substantially the following form, "an original conceptual design proposal for
the City of Fort Worth, Texas." A social media plan must be approved, in advance, by Contract
Manager, and shall include the hashtag #fwpublicart.
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Ariel Davis for Public Art for Fire Station #26
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. Conceptual Desi�posal Deliverables.
a. Within eight weeks after finalist orientation, 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.
Conceptual Design Proposal Deliverables shall consist of the following:
i. Detailed design illustrations for the Work for the Site, which shall be in a high-resolution digital
format, such as JPEG or TIF files, showing the proposed Work from multiple vantage points
with at least one illustration showing the Work's size and placement in relation to the Site;
ii. A narrative description of the Artist's concept, proposed materials, fabrication and installation
methods, timeline for completion, and anticipated annual maintenance requirements;
iii. Installation diagram, including approximate weight of the Work and proposed installation or
attachment method(s); and
iv. A conceptual proposal budget estimate, presented on the budget form attached hereto as Exhibit
"B," for Final Design and Artwork Commission of the Work in an amount not to exceed SIXTY-
FIVE THOUSAND, NINE HUNDRED SIXTY-ONE DOLLARS AND ELEVEN CENTS
($65,961.11) which includes all costs, including, but not limited to, materials, engineering,
consulting, labor, fabrication, delivery, installation, insurance (City requirements attached
hereto as Exhibit "C"), transportation, a total Artist's fee of $9,894.17, and all other associated
costs for the Work.
b. Artist shall provide the Conceptual Design Proposal presentation materials in PowerPoint format to
the Contract Manager to become part of the City of Fort Worth Public Art archive owned by the City.
c. Artist shall submit a draft of their initial concept sketches for the Conceptual Design Proposal for the
purpose of a design progress report as described in 2.2.i. These sketches shall be digitally submitted
to Contract Manager no later than 12:00 Noon (Central Time), at least three business days in advance
of the progress report date.
c. Artist shall digitally submit a final version of their Conceptual Design Proposal to the Contract
Manager no later than three business days in advance of the scheduled Conceptual Design Proposal
presentation to the Artist Selection Panel.
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Ariel Davis for Public Art for Fire Station #26
2.5. Notification of Selection.
The Contract Manager shall notify the Artist, by phone and in writing, of the final outcome of the artist
selection process, i.e. whether or not the Artist was selected to proceed to the next phase of the Project, within
fifteen days of the FWAC's approval of the Project artist.
2.6. Alternate Artist.
Any artist not recommended and approved to proceed to the next phase of the Project may be
designated as an alternate for a period of one year from the date City sends final payment to Artist under this
Agreement. The Artist shall not receive any additional compensation by nature of such designation; however,
such designation does affect ownership rights to the alternate Artist's Conceptual Design Proposal, as set forth
in Article 6.
2.7. Final Desi�n and Commission Phases.
If the Conceptual Design Proposal is approved and accepted by City, and if the City chooses to proceed
to the Final Design phase, Artist understands that Artist will be required to execute a Final Design Addendum
in substantially similar form as the attached Final Design Addendum, and Artist hereby acknowledge that this
Agreement will continue pursuant to said Final Design Addendum. Likewise, if the City subsequently chooses
to proceed to the Commission phase, Artist understands that Artist will be required to execute a Commission
Addendum in substantially similar form as the attached Commission Addendum, and Artist hereby
acknowledge that this Agreement will continue pursuant to said Commission Addendum.
ARTICLE 3
CONCEPTUAL DESIGN PROPOSAL COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist pursuant to this Conceptual Design Proposal Agreement shall be in an
amount not to exceed SEVEN HiJNDRED FIFTY DOLLARS AND ZERO CENTS ($750.00) which shall
constitute full compensation for any and all costs associated with this Agreement, including, but not limited
to, a proposal fee, any travel, and services performed and materials furnished by Artist under this
Agreement. Any changes to Artist's Conceptual Design Proposal that are requested by the City shall not
require City to pay Artist any additional compensation under this Agreement. Artist and City 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, each installment to represent full and final, non-
refundable payment for all services and materials provided prior to the due date thereof:
THREE HUNDRED DOLLARS AND ZERO CENTS ($300.00) within thirty (30) calendar days
after Artist attends finalist orientation and submits draft of Conceptual Design Proposal Deliverables
required under Article 2.4 of this Agreement.
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Ariel Davis for Public Art for Fire Station #26
b. FOUR HUNDRED FIFTY DOLLARS AND ZERO CENTS ($450.00) within thirty (30) calendar
days after Artist submits final Conceptual Design Proposal Deliverables and makes presentation to
Artist Selection Panel.
33. Sales Taxes.
City is a tax-exempt organization, and therefore, no state or local sales taxes or federal excise taxes
shall be due upon the Project. City shall supply Artist with the "Texas Certificate of Exemption," in
substantially the same form as that attached EXhibit "D" 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, those for services, materials, equipment, Artist's overhead expenses,
mailing/shipping charges and insurance on submissions to City, costs of all travel, and costs for Artist's agents,
consultants, contractors, subcontractors, consultants, and/or employees necessary for the proper performance
of the services required under this Agreement.
ARTICLE 4
GRATUITIES. AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to
the provisions of this Agreement, shall extend until final payment to Artist by City of any amounts owed under
this Agreement or any subsequent Addendum (if applicable).
4.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager
official or employee with a view toward securing favorable treatment with respect to the awarding, amending,
or making of any determinations with respect to the performance of this Agreement.
4.3. Termination for Cause.
If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of
this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Parties shall first attempt to resolve any disputes arising from this Agreement in
accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s),
then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a
written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under
this provision shall not relieve the party in default of any liability for damages resulting from a breach or a
violation of the terms of this Agreement.
Agreement between the City of Fort Worth and Page 7 of 49
Ariel Davis for Public Art for Fire Station #26
4.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted at least thirty calendar days before termination.
b. If termination is for the convenience of City, City shall pay Artist pursuant to the payment provisions
in Article 3, 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, and designs, up to the effective date of termination, provided that no right to fabricate or
execute the Work shall pass to City. In such event, Artist will be compensated for any services
performed and expenses incurred but not yet paid under the Payment Schedule.
c. If termination is for the convenience of Artist, City shall ha�e the right, in its sole discretion, to pay
Artist pursuant to the payment provision in Article 3 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. 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, and designs up to the effective date of termination shall become property of City. If
termination is for the convenience of Artist and if such termination occurs after Artist's submittal of
Final Design Deliverables required under Article 15.4 of the Final Design Addendum (see E�ibit E),
City shall, in addition to the other rights provided in this Article, have the right to complete the Work,
if feasible.
d. If termination is by mutual agreement of the Parties, then City shall pay Artist 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 under this Agreement, including but not limited to
finished and unfinished drawings, sketches, photographs, models, and designs up to the effective date
of termination. In such event, Artist will be compensated for any services performed and expenses
incurred but not yet paid under the Payment Schedule.
4.5. 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 under this Agreement, including, but not limited to, finished and un�nished drawings,
Agreement between the City of Fort Worth and Page 8 of 49
Ariel Davis for Public Art for Fire Station #26
sketches, photographs, models, Work in progress, and designs, up to the effective date of termination
shall become property of City.
b. Should Artist's Final Design have been approved under the Final Design Addendum (see Exhibit E),
in the event of termination under this Article 4.5, 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.
ARTICLE 5
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 frst 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 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 nor more than forty-five calendar days following the date of request, except upon
Agreement of the Parties. In the event City and Artist are unable to agree to a date for the mediation
or to the identity of a mutually agreed mediator within thirty 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 dispute through mediation, then either party shall have the right
to exercise any and all remedies available under law regarding the dispute.
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. Selected Artist.
a. If Artist is selected to proceed to the next phase of the Project as the Project artist, then ownership and
intellectual property rights set forth in this subsection shall apply.
b. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement,
the Artwork Design, Work, and other work products as selected by City under this Agreement shall
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Ariel Davis for Public Art for Fire Station #26
become the physical property of City, without restriction on future use, except as provided below.
Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and/or
Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty-free,
and irrevocable license to graphically depict and publicly display the Artwork Design and/or Work for
any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three-
dimensional form without permission from Artist. For purposes of this limitation, any graphic
depiction or display of the Artwork Design and/or the Work intended to promote or benefit City, its
public services or its public purposes, regardless of whether or not a fee is charged to the public, or
whether revenue is otherwise received by City, shall be deemed a non-commercial purpose.
c. In view of the intention that the Artwork Design and that 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.
d. Artist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of the Artwork Design and/or Work, except as those rights
are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-
dimensional reproductions of the Artwork Design and/or Work and accompanying materials for a non-
commercial purpose. All reproductions by the City shall contain a credit to the Artist and a copyright
notice in substantially the following form: "OO date, Artist's name, Title of Work, All Rights Reserved."
e. Nothing in the Agreement shall prevent Artist from using images of the Artwork Design and/or Work
(including all work product under this Agreement) for marketing and promotional purposes in
connection with Artist's business.
f. City is not responsible for any third-party infringement of Artist's copyright and is not responsible for
protection of the intellectual property rights of Artist or of anyone else.
6.2. Alternate Artist.
a. If Artist is selected as the alternate Project artist, then City shall have a right of first refusal to the
Conceptual Design Proposal and all other work product under this Agreement for a period of one (1)
year from the date the City notifies Artist of selection as an alternate Project artist. Artist shall retain
copyright and other intellectual property rights in and to the Conceptual Design Proposal.
b. During the City's one-year right of refusal, alternate Project Artist shall not make any additional exact
duplicate reproductions of the Conceptual Design Proposal, nor shall Artist grant permission to others
to do so except with the express written permission of City.
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Ariel Davis for Public Art for Fire Station #26
c. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist.
d. If the City exercises its right of first refusal within the above-stated one-year period, then the rights set
forth in Article 6.1 for the selected artist shall supersede and govern any ownership and intellectual
property rights associated with or related to this Agreement.
63. Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 13. 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 that require the express approval of or notice to Artist. Notwithstanding this provision,
City shall make reasonable efforts to locate Artist when matters arise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
a. Artist represents and warrants that:
i. Conceptual Design Proposal and/or Work shall be the original product of the Artist's sole
creative efforts;
ii. Conceptual Design Proposal and/or Work is and will be unique and original, and does not infringe
upon any copyright or other rights of any person;
iii. Artist has not offered, sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Conceptual Design Proposal and/or Work, or any copyright related thereto, that may affect or
impair the rights granted pursuant to this Agreement;
iv. Artwork Design and/or Work (or duplicate thereo� have not been offered or accepted for sale
elsewhere;
v. Artist has the full power to enter into and perform this Agreement and to make the grant of rights
contained in this Agreement; and
vi. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill, and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor and not as an officer,
agent, servant, or employee of City. Artist shall have exclusive control of, and the exclusive right to control
the details of, the work performed hereunder and all persons performing same, and shall be solely responsible
for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be
construed as creating a partnership or joint venture between City and Artist, its officers, agents, employees,
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Ariel Davis for Public Art for Fire Station #26
and subcontractors, and the parties agree that the doctrine of respondeat superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1 General Indemnitv.
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS,
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT
LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED
TO DEATI� TO ANY AND ALL PERSONS, OR ANY OTHER HARM FOR WHICH
RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS,
ERRORS, OR OMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS,
CONTRACTORS, 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.
9.2. Intellectual Propertv.
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 permissions being secured by Artist in advance. IT IS FURTHER
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Ariel Davis for Public Art for Fire Station #26
AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDENINIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assumes no obligation to review or obtain appropriate licensing, and all such licensing shall be the
exclusive obligation of Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided under this Agreement 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. Artist will ensure that any
subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this
Agreement, including, but not limited to, all indemnification, insurance, audit, and release provisions. Artist
shall provide information regarding all contractors and subcontractors, including its fabricator, to the Contract
Manager.
ARTICLE ll
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation, or any other
prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and
warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be
debarred from further agreements with City.
ARTICLE 12
MISCELLANEOUS
12.1. 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.
12.2. Entire A�reement.
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.
Agreement between the City of Fort Worth and Page 13 of 49
Ariel Davis for Public Art for Fire Station #26
123. 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.
12.4. 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, or 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.
12.5. 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.
12.6. Successors and Assi�ns.
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.
12.7. No Third-Partv Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any
lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
12.8. Severabilitv.
If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, then the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
12.9. Force Majeure.
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; inclement weather;
governmental restrictions, regulations, or interferences; fres; 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
same, 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
Agreement between the City of Fort Worth and Page 14 of 49
Ariel Davis for Public Art for Fire Station #26
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
12.10. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel, have had an opportunity to
review and revise this Agreement and that the normal rule of contract construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
12.11. Fiscal Fundin_�
If for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the 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 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.
12.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed
a part of or interpretive to this Agreement.
12.13. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that relate
to the 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, the Artist shall make all Records available to the City at 100 Fort
Worth Trail, Fort Worth, Texas 76102, or at another location in the City acceptable to both parties following
reasonable advance notice by the City, and shall otherwise cooperate fully with the City during any audit.
Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in
substantially the same form as described in this Article 12.13.
12.14. Survival Provision.
The provisions contained in Articles 4.5 (Incapacity of Artist), 6(Ownership and Intellectual Property
Rights), 7(Warranties of Title and Copyright), 8(Artist as Independent Contractor), 9(Indemnification), and
12.13 (Right to Audit) shall survive the termination or expiration of this Agreement.
12.16. 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.
Agreement between the City of Fort Worth and Page 15 of 49
Ariel Davis for Public Art for Fire Station #26
12.17. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
12.18. 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. To the extent that Chapter 2271 of the TeXas
Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that by signing
this Agreement, Artist certifies thatArtist's signature provides written verification to the City thatArtist: (l)
does not boycott Israel; c�nd (2) will not boyeott Israel during the term of the Agreement.
12.19. Ener�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 meaning
ascribed to those terms in Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of
the Texas Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that
ArtisYs signatureprovides written verification to the City thatArtist: (1) does not boycott energy companies;
and (2) will not boycott energy companies during the term of this Agreement.
12.20. Firearms and Ammunitions Industries.
If Artist is a company with ten (10) 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 firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of the contract. The terms "discriminate," "firearm
entity," and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code. To the extent that Chapter 2274 of the Texas Government Code is applicable to this
Agreement, by signing this Agreement, Artist certifies thatArtist's signnture provides written verification to
the City that Artist: (l) does not have a practice, policy, guidance, or directive that discriminates against a
Agreement between the City of Fort Worth and Page 16 of 49
Ariel Davis for Public Art for Fire Station #26
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
ARTICLE 13
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: Dana Burghdoff, Assistant City Manager
City Manager's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Copies to: Leann D. Guzman, City Attorney
Office of the City Attorney
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Anne Allen
Arts Fort Worth
306 W. Broadway Avenue
Fort Worth, Texas 76104
ARTIST Ariel Davis
4929 Birchman Avenue
Fort Worth, Texas 76107
[Remainder of page intentionally left blank.]
Agreement between the City of Fort Worth and Page 17 of 49
Ariel Davis for Public Art for Fire Station #26
IN WI1NESS WHEREOF, the Parties hereto have executed this Conceptual Design Proposal
Agreement as of the Effective Date.
CITY OF FORT WORTH
by�O&i,T) Ariel Davis
Assistant City Manager
Date: 11/4/2025 Date: J J /Q6/?Q25 1 , ----------------
RECOMMENDED FOR APPROVAL
by: ,ftMidotl'w11km>ki(titdm-Ji, 202517:42:00 CST)
Fart Worth Library Director
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.
ct�·-=---....,.,
Name: Michelle Richardson
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
T y Qualls
Assistant City Attorney
ATTESTED BY:
�
A �
�Goodall
City Secretary
Form 1295:
Contract Authorization:
Agreement between the City of Fort Worth and
Ariel Davis for Public Art for Fire Station #26
Page 18 of 49
Exhibit A: Approved Project Outline
� �
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On March 20, 2019, the Fort Worth Art Commission (FWAC) approved a Project Outline for Fire Station #26,
which was to be sited at 6124 Hulen Street, replacing the current station building. The original Artist Selection
Process resulted in the recommendation of Julie Lazarus as the Project Artist. Her Preliminary Design was
approved by the FWAC on October 12, 2020, and subsequently, her Final Design was approved on May 17,
2021.
After the approval of Final Design, the building location went under review leading to a pause in the entire
project. This review resulted in the relocation of Fire Station #26, now planned for construction at 4915 W.
South Drive. Further, the building architecture was changed from a 2-story prototype designed by Komatsu
Architecture to a 1-story prototype designed by RPGA. Based on the change in site, architecture, and sharp
cost increases for fabrication and installation, Lazarus was asked to revise her concept. After reviewing
possibilities, the artist concluded a revised design with the remaining budget was not feasible and indicated
a need to start anew. In accordance with program guidelines, it is necessary to conduct a new artist
selection process based on the new architecture and remaining artwork budget. City and Arts Fort Worth
staff recommend that Lazarus be invited to participate in the new process as an automatic finalist.
The goals of the Project Core Team remain unchanged with a focus on beautifying the station with
a simple but effective design. Given the area's traditional style, they also suggested the artwork be
approachable and engaging to families.
PUBLIC ART BUDGET
Approximately $74,000.00 remains from the 2018 Bond, Proposition D, for an artwork associated with Fire
Station #26.
Agreement between the City of Fort Worth and Page 19 of 49
Ariel Davis for Public Art for Fire Station #26
Fire Station #26
New Public Art Project Outline
PROJECT CORE TEAM
1. Larry Elliot, Overton South NA
2. Amy Etheridge, Wedgewood Square NA
3. Dave Foster, Overton South NA
4. Patricia Mezhir, Wedgewood Square NA
S. Bill Strange, Overton South NA
6. Becky White, Hulen Heights
7. Casey Williams, Wedgewood Square NA
ARTIST SELECTION PROCESS
ARTIST SELECTION PANEL (Votinpl
1. Council Member Dr. Mia Hall, District 6
2. Larry Elliot, Elected Project Core Team Member
3. Denise Turner, Fort Worth Art Commission Vice Chairman
4. Captain Johnnie Davis, Fort Worth Fire Department
S. Javier Lucio, Project Architect
6. Mariell Guzman, Local Artist
7. Layla Luna, Local Artist and Educator
*If a selection panelist is not available, a second Fort Worth Art Commissioner will serve in their place.
ADVISORS (Non-votinp)
1. Kennedy Jackson, District 6 Director
2. Captain Ben Crandall, Fire Department, City of Fort Worth
3. Nicholas George, Property Management, City of Fort Worth
4. Other Project Core Team Members
5. Others, as appropriate
Selection Panel Meeting Facilitator: Michelle Richardson, Public Art Project Manager, Arts Fort Worth
ARTIST SELECTION PANEL MEETING #1
Staff will present a group of 6-8 artists from the Fort Worth Public Art Pre-Qualified List of Emerging Artists
whose work would be a good fit for the project. The Artist Selection Panel shall review the artists'
qualifications and select two (2) finalists and one alternate. Originally selected artist Julie Lazarus will be
the third finalist.
ARTIST-FINALISTS ORIENTATION
Prior to creating their conceptual proposals, the artist-finalists shall attend on-site orientation and tour the
current Fire Station #26. They will also be provided with information about the specific site on the fa�ade of
the fire station.
ARTIST-FINALIST CONCEPTUAL PROPOSAL PREPARATION
Artist-finalists will enter into a Conceptual Proposal Agreement with the City of Fort Worth and will be given
eight (8) weeks from the date of the Finalist Orientation or date of contract execution (whichever is later) to
prepare proposals for consideration. An honorarium of $750.00 will be paid to each artist-finalist upon
completion of the following scope of services:
1. Detailed design illustrations or renderings showing the proposed artwork from multiple vantage
points.
Agreement between the City of Fort Worth and Page 20 of 49
Ariel Davis for Public Art for Fire Station #26
2. Narrative description of the artist's concept, dimensions, proposed materials, fabrication and
installation methods, timeline for completion, and anticipated maintenance requirements.
3. Estimated budget inclusive of a 15% artist's fee and all costs associated with the final design,
fabrication, and installation of the artwork.
4. A conceptual proposal presentation in PowerPoint format AND presentation of the proposal of their
proposal to the Artist Selection Panel and Advisors.
ARTIST SELECTION PANEL MEETING #2 — PROPOSAL PRESENTATIONS
The Artist Selection Panel and Advisors will convene to hear proposal presentations by each artist-finalist,
followed by Q& A. The Artist Selection Panel and Advisors will discuss each proposal and deliberate prior to
voting to recommend one artist and one alternate artist to the FWAC.
TIMELINE (Subiect to chanpe)
FWAC Approval of New Process Project Outline
Artist Selection Panel Meeting #1(Finalists Selected)
Artist Orientation
Artist Selection Panel Meeting #2 (Finalists' Proposal Review)
FWAC Approval of Artist Recommendation
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Agreement between the City of Fort Worth and Page 21 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit B: Budget Form (Final Design & Commission Phases)
FEES COSTS
4rtisrs Fee (Design, SWaio Ovemeatl, Aaminl
Eng�nee�
Lignung Uc•sy;n�-.•
CO f1SeNdtO!
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SUB-TO7AL FEES I 5 -
FEES COSTS
Artist's F��e �Design, St�aio Uvcr�eaC. ACminl
Eng�nees
Lighting Oesigner
Conservator
Other Co�sultants
SUB-707AL FEES S -
FABRICATION COSTS
Matenat5
Li:��t�n.; F xt�r•z� a-�c Conn�: c t�on�
4rtist'S Labor � hour� at S per ho�r}
FaSri��tor / WDor by OtherS
Rentals I�qwpment, tabncation space�
StOf�ge
5U6-TOTAL FABRICATION 5 -
INSURANCE COSTS
Gc�c��l Li��lity IP�o��tcc'�
O['1ard; Appl cdbL: ip•cperty. �.uto;
5U6-TOTALTRAVEL S -
ARTIST TRAVEL (Based on GSA Rates) COSTS
Transponatio� ;.4i�ta�c, Car Rentalj
pef D e�l ;Me�lS �'�C �'i�_�dr,'i!��L'�
SU&TOTAL TRl',VEL $ -
TOTAL FINAL DESIGN PHASE $ -
ARTIST TRAVEI (Based on GSA Ratesj � COSTS
iransportation ?Avta�e. Car Rentali
Per D em;Meals a�C �ocide�tals}
SU&TOTAL TRAVEL $ -
INSTALLATION COSTS
lr.inspo���tio� .�, A�tv;u�k �o �itc.
II1�Id..dllUll GeV� �'dV��l
Pom�its
Sitn Preparatbn ! Remecwt on
Foot n ;s + Foundations
ElectncJl Connecbons I MotllticaUons
mstauer Labor
R�ntals (Scattoltling, eqwpment, generator'�
Irattec Control
Security
SUB-TOTAL FP,BRICA71oN $ -
TOTAL COMMISSION PHASE $ -
Attach a written quote or estimate cornple?e with per unit costs for aU items.
The implementation budget above does not include the Ciryfield contin�ency. Contingeny funds are accessed for unforeseen
costs with supporting documentation approved by contract manager. Any unused contingency funds shaUremain with the City.
Agreement between the City of Fort Worth and Page 22 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit C: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work, then Artist shall also require his/her contractor(s) and
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 Ofiice (ISO) policy. The policy
shall name City as an additional insured.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include property "in transit."
Automobile Liability
$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," defined as autos owned, hired, and non-
owned.
Workers' Compensation (for Artist and/or Artist's contractors and subcontractors 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 between the City of Fort Worth and Page 23 of 49
Ariel Davis for Public Art for Fire Station #26
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, Umbrella or Excess Liability insurance for
any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated, all required insurance shall be written on an "occurrence basis."
The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and
approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders'
equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups must also approved by City's Risk Manager.
City, in its sole discretion, reserves the right to review 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 decisions, or the claims history of the industiy 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 modification of particular policy terms,
conditions, limitations, or eXclusions, except where policy provisions are established by law or regulations
binding upon either party or the underwriter on any such policies.
Agreement between the City of Fort Worth and Page 24 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit D: Sales Tax
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Agreement between the City of Fort Worth and Page 25 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit E: Final Design Addendum
WHEREAS, on [DATE], the City and Artist entered into City Secretary Contract No. , to
develop a Conceptual Design Proposal for Public Art for the Site; and
WHEREAS, on [DATE], the FWAC approved Artist's Conceptual Design Proposal and
recommended that the Artist develop a Final Design based on the Conceptual Design Proposal for public
artwork to be incorporated into the Site; and
IFAPPLICAI3LE: WHEREAS, on [DATE], the Fort Worth City Council authorized the execution of
this Final Design Addendum; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Final Design
shall be developed to promote 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 sufiiciency of which is hereby acknowledged, agree as follows:
ARTICLE 14
EFFECTIVE DATE OF FINAL DESIGN ADDENDUM
The effective date of this Final Design Addendum is the date this Addendum is executed by the City.
ARTICLE 15
FINAL DESIGN SCOPE OF SERVICES AND DELIVERABLES
15.1 Acknowled_�
City and Artist acknowledge that Artist's Conceptual Design Proposal, as described in the attached
E�ibit "F," was reviewed and approved by the FWAC on [DATE] and is the basis for executing this Final
Design Addendum with Artist.
15.2. Final Desi�n�pe of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Final Design of the Work and for providing the Final Design Deliverables (see Section
15.4.). Services shall be performed in a professional manner and in strict compliance with all terms
and conditions in this Agreement.
Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input from Project Stakeholders and approval by City as set forth in this
Agreement. Artist shall address the feedback received during the Conceptual Design Proposal Review
process from the FWAC, Project Core Team, and Project Stakeholders.
a The location at the Site on which the Work shall be installed shall be mutually agreed upon by City
and Artist.
Agreement between the City of Fort Worth and Page 26 of 49
Ariel Davis for Public Art for Fire Station #26
d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, siting of the Work, permitting,
and accessibility, as applicable.
e. Artist shall meet and coordinate with City staff, Project Consultant(s), and others, as necessary, to
integrate the Work into the Site in terms of structural support, installation requirements, or other
infrastructure needs to support the Work.
£ Artist shall consult with a qualified art conservator to review the design and develop written
maintenance recommendations for the Work upon request of Contract Manager.
g. Artist shall present, in-person (preferred) or remotely, the Final Design to the FWAC for joint review
with the Project Core Team, other Project Stakeholders, and the appropriate City staff to obtain the
FWAC's approval at a regularly scheduled FWAC meeting.
h. Artist shall allow video recording and photography of their participation during activities related to
this Project such as presentations and meetings.
i. To maintain the integrity of the City of Fort Worth's public art process, for the duration of this Final
Design Addendum, if Artist intends to seek their own publicity for the Work, including publication of
the artwork design on Artist's website or social media, such efforts will occur after Final Design has
been approved by the FWAC. Any potential publicity being sought for the Work, including
press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City
of Fort Worth in substantially the following form, "an original final artwork design for the City of Fort
Worth, Texas." A social media plan must be approved, in advance, by Contract Manager, and shall
include the hashtag #fwpublicart.
153. 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.
15.4. Final Desi�n Deliverables.
a. Within three months after the Effective Date of this Final Design Addendum, Artist shall provide
services and all supplies, materials, and equipment necessary to provide certain deliverables, as set
forth in this Article 15.4. to City for approvaL Final Design Deliverables shall consist of the following:
i. Detailed design illustrations for the Work for the Site, which shall be in a high-resolution
digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage
points with at least one illustration showing the Work's size and placement on a site plan that
clearly shows site dimensions.[NOTE: If model or maquette is required, it should be listed
hereJ;
Agreement between the City of Fort Worth and Page 27 of 49
Ariel Davis for Public Art for Fire Station #26
ii. A final written narrative for the Work, describing the following: (1) Artist's Final Design
concept; (2) timeline for completion; (3) proposed materials, fabrication, and installation
methods for all elements of the Work, including information regarding Artist's
subcontractor(s), if any, for the Work; and (4) Maintenance requirements for all elements of
the Work as dictated by the Artist, along with cost estimates for annual maintenance;
iii. Material or fabrication samples, as deemed necessary by Contract Manager and/or Artist;
iv. An updated, detailed final budget, on the budget form attached hereto as E�ibit "G," for
Artwork Commission of the Work in an amount not to exceed [SPELL OUT DOLLAR
AMOiJNT ($XXXXX)l, which includes all costs, including, but not limited to, for materials,
engineering, consulting, labor, fabrication, delivery, installation, insurance, travel costs (if
applicable), transportation, remaining Artist's fee of [$XXXXXX], and all other associated
costs for the Work, with written quotes from subcontractors and vendors attached, if
applicable. The Artwork Commission budget of $ does not include a City-held
contingency;
v. Comprehensive working drawings, detailing the means of installing all elements of the Work
on the Site, together with other such graphic material to permit City to carry out structural
design review. Professional Liability Insurance is required in all circumstances for artwork
requiring engineering and/or architectural services. City will conduct a review of structural
design and other related graphic material prior to installation of the Work. Upon City's request,
drawings must be signed and stamped by an engineer and/or architect licensed to work in the
State of Texas. Artist will provide the Contract Manager a certificate of insurance for each
licensed professional and provide City with at least thirty calendar days' notice of cancellation
of any policy required hereunder. The City's insurance requirements attached hereto as Exhibit
"C"); and
vi. Artist shall provide an Artist's statement, which may include but is not limited to the following
topics: the overall philosophical approach of the Work; how the artwork relates to or engages
viewers in the community; what influenced the Artwork Design; how techniques or materials
relate to the content of the Work; and how the Work relates to the Artist's studio practice.
b. Artist shall provide the Final Design presentation materials in PowerPoint format to the Contract
Manager to become part of the City of Fort Worth Public Art Archive owned by City. All documents, models,
and/or drawings will be retained for archival and exhibition purposes.
c. Final Design Deliverables shall be submitted to the Contract Manager at least three weeks prior to the
scheduled Final Design presentation to the FWAC, for staff review.
Agreement between the City of Fort Worth and Page 28 of 49
Ariel Davis for Public Art for Fire Station #26
15.5. Final Desi�n Review.
a. Upon submission of the Final Design Deliverables and acceptance by Contract Manager, Artist shall
present the Final Design to the FWAC, Project Core Team, Project Stakeholders, City staff, and other
community members for the FWAC's approval at a regularly scheduled FWAC meeting. If the Final
Design is approved by the FWAC, it will subsequently be shared with City boards, commissions, and
staff, as appropriate.
b. City shall notify Artist of its approval or disapproval of the Final Design, either in whole or in part,
within thirty business days of Artist's presentation to the FWAC.
c. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of each
revision to be made to the Final Design. City may require Artist to make such revisions to the Final
Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable
statutes, ordinances, or regulations of any governmental agency having jurisdiction over the Site.
d. Artist shall ha�e thirty calendar days from the date City informed Artist of the revision(s) to submit
the revised Final Design in conformance with City's requirements and subsequently present the
revisions at the next regularly scheduled meeting of the Fort Worth Art Commission.
e. If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be
by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the
Parties desire not to continue with the resubmission process, then this Agreement will automatically
terminate, with payment for work performed per the payment schedule in Article 16 of this Final
Design Addendum up through the date of termination.
f. Artist shall incorporate any City-approved revisions into the Artwork Commission Addendum, if
applicable, in conformance with City's requirements.
g. 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 Artwork Commission
phase upon Fort Worth City Council authorization.
h. 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 for the Work performed under this Agreement will be
retained for archival and exhibition purposes. Artist's Final Design and all other work product related
to this Agreement shall become the property of City, without restriction on future use, pursuant to
Article 6 of Conceptual Design Proposal Agreement, which is the foundation for this Final Design
Addendum.
Agreement between the City of Fort Worth and Page 29 of 49
Ariel Davis for Public Art for Fire Station #26
ARTICLE 16
FINAL DESIGN COMPENSATION AND PAYMENT SCHEDULE
16.1. Compensation.
Total compensation to Artist under this Final Design Addendum shall be in an amount not to exceed
[SPELL OUT DOLLAR AMOLJNT ($XXXXX)l, which shall constitute full compensation for any and all
costs associated with this Final Design Addendum, including but not limited to an Artist's Fee of
$[XXXXX], an engineering and consulting fee allowance of up to $[XXXXX], a travel allowance of up to
[$XXXXX], insurance (if applicable), material samples, and any and all other costs for services performed
and materials furnished by Artist under this Agreement. Any changes requested by the City shall not require
City to pay Artist any additional compensation under this Final Design Addendum. Artist and City may
amend the Agreement to allow for additional payment if additional seivices are required.
16.2. Pavment Schedule.
City agrees to pay Artist in the following installments, each installment to represent full and final, non-
refundable payment for all services and materials provided prior to the due date thereof:
a. [SPELL OUT DOLLAR AMOLTNT ($XXXXX�] within thirty calendar days of the Effective Date of
this Final Design Addendum and after City issuance of a purchase order.
b. [SPELL OUT DOLLAR AMOiJNT ($XXXXX)1 within thirty calendar days after Artist submits the
Final Design Deliverables as required under Article 15.4. of this Addendum.
c. [SPELL OUT DOLLAR AMOiJNT ($XXXXX)1 within thirty calendar days after Artist makes
presentation of the Final Design to the FWAC pursuant to Article 15.5.
d. [SPELL OUT DOLLAR AMOLTNT �$XXXXX)1 within thirty calendar days after City's approval of
the Final Design.
e. City will provide an allowance of up to [SPELL OUT DOLLAR AMOLTNT ($XXXXX�I for
engineering, material samples, mock-ups, professional services, and conservator or other consulting
fees, as necessary. Such payment shall be made for actual services rendered only (a retainer fee of up
to 50% is allowed) and upon receipt of an invoice from Artist with the original invoice for such
services attached.
£ ONLY IF APPLICAI3LE: City will provide a travel stipend of up to [SPELL OUT DOLLAR
AMOLJNT ($XXXXX� for travel costs for up to [XX] trip(s) by Artist at SPELL OUT DOLLAR
AMOUNT ($XXXXX� per trip, provided that Project Manager has approved the travel in writing, in
advance. This stipend is provided consistent with GSA Guidelines and shall cover all allowable travel
expenses after travel occurs.
163. Sales Taxes.
City is a taX-exempt organization, and therefore, no state or local sales taxes or federal excise taxes
shall be due upon the project. City shall supply Artist with the "Texas Certificate of Exemption," in
Agreement between the City of Fort Worth and Page 30 of 49
Ariel Davis for Public Art for Fire Station #26
substantially the same form as that attached hereto as Exhibit "D" for use by Artist in the fulfillment of this
Agreement.
16.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Addendum, including, but not limited to, those for services, materials, mailing/shipping charges on
submissions to City and/or Contract Manager, insurance, cost of all travel (that are not covered by a travel
stipend), and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of
the services required under this Agreement.
ARTICLE 17
TERM OF FINAL DESIGN ADDENDUM
This Final Design Addendum shall take effect on the date it is executed by the City and, unless
terminated earlier pursuant to the provisions of the Agreement, shall extend until final payment to Artist by
City of any amounts due hereunder.
ARTICLE 18
CONTINUATION OF AGREEMENT
The Parties hereby acknowledge and agree that, unless explicitly modiiied by the terms of this Final
Design Addendum, all other terms and conditions of the original Agreement remain in full force and effect and
shall apply throughout the duration of this Final Design Addendum.
Agreement between the City of Fort Worth and Page 31 of 49
Ariel Davis for Public Art for Fire Station #26
IN WITNESS WHEREOF, the Parties hereto have executed this Final Design Addendum as of the
Effective Date stated in Article 14.
CITY OF FORT WORTH
by:
Date:
Dana Burghdoff
Assistant City Manager
Contract Compliance Manager
ARTIST
Name
Title
Date:
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:
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
Trey Qualls
Assistant City Attorney
ATTESTED BY:
Jannette S. Goodall
City Secretary
Form 1295:
Contract Authorization:
DEPARTMENTAL APPROVAL:
Midori Clark
Director, Fort Worth Public Library
Agreement between the City of Fort Worth and Page 32 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit F: Approved Conceptual Design Proposal
[Insert here in its entiretyJ
Agreement between the City of Fort Worth and Page 33 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit G: Budget Form (Commission Phase)
. ... . . .- �
ARTISTTRAVEL (Based on GSA
FEES COSTS Rates) COSTS
Artist's Fee (Design, Studio Overhead,
Admin) Transportation (Airfare, Car Rental)
En�ineer Lod�in�
Per Diem (Meals and incidentals)
Conservator
Photographer
Other Consultants
$
SUB-TOTAL FEES -
FABRICATION COSTS
Materials
Lighting Fixtures and Connections
Artist's Labor (_ hours at $_ per hour)
Fabricator / Labor by Others
Rentals (equipment, fabrication space)
Storage
$
SUB-TOTAL FABRICATION -
INSURANCE COSTS
General Liability (Prorated)
Other as Applicable (Property, Auto)
�
SU B-TOTAL TRAVEL -
�
SUB-TOTALTRAVEL -
I N STALLATI O N C OSTS
Transportation of Artwork to Site
Installation Crew Travel
Permits
Site Preparation / Remediation
Footings / Foundations
Electrical Connections / Modifications
Installer Labor
Rentals (Scaffolding, equipment,
generator)
Traffic Control
Security
$
SUB-TOTAL FABRICATION -
�
TOTAL COMMISSION PHASE -
Attach a written quote or estimate complete with per unit costs for all items.
The implementation budget above does not include the City-held contingency. Contingeny funds are
accessed for unforeseen costs with supporting documentation approved by contract manager. Any unused
contingency funds shall remain with the City.
Agreement between the City of Fort Worth and Page 34 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit H: Artwork Commission Addendum
WHEREAS, the Final Design Addendum to City Secretary Contract No. [XX-XXXX] was executed
on [DATE]; and
WHEREAS, on [DATE], the FWAC approved Artist's Final Design and recommended that the Artist
be commissioned to fabricate, deliver, and install the Artwork at the Site; and
FOR PARD PROJECTS ONLY.• WHEREAS, on [DATE], the Fort Worth Park and Recreation
Department Advisory Board endorsed the placement of the artwork in [PARK NAME]; and
WHEREAS, on [DATE], the Fort Worth City Council authorized the execution of this Artwork
Commission Addendum; and
WHEREAS, City and Artist wish to set out the terms and conditions under which the Commission
phase will be completed;
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth, the sufiiciency of which is hereby acknowledged, agree as follows:
ARTICLE 19
EFFECTIVE DATE OF ARTWORK COMMISSION ADDENDUM
The effective date of this Commission Addendum is the date this Addendum is eXecuted by the City.
ARTICLE 20
ARTWORK COMMISSION PHASE SCOPE OF SERVICES AND DELIVERABLES
20.1 Acknowled_�
City and Artist acknowledge that Artist's Final Design, as described and depicted in the attached
E�ibit "I," was reviewed and approved by the FWAC on [DATE], and (FOR PARD PROJECTS ONLY.�
". .. placement of the artwork in [PARK NAME] was endorsed by the Fort Worth Park and Recreation Advisory
Board on [DATE]," and is the basis for executing this Commission Addendum with Artist.
20.2. Artwork Commission Scope of Services.
a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary
for fabricating, delivering, and installing the Work at the Site. Services shall be performed in a
professional manner and in strict compliance with all terms and conditions in this Agreement, the Final
Design Addendum, and this Commission Addendum.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and acceptance by City as set forth in this Agreement, the Final Design
Addendum, and this Artwork Commission Addendum. The location at the Site where the Work shall
be installed shall be mutually agreed upon by City and Artist.
Agreement between the City of Fort Worth and Page 35 of 49
Ariel Davis for Public Art for Fire Station #26
c. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, siting of the Work, permitting,
and accessibility, as applicable.
d. Artist shall meet and coordinate with the City's staff, Project Consultant(s), contractors, and others, as
necessary, to ensure proper integration and installation of the Work into the Site, as applicable,
including, but not limited to, artwork location and installation equipment brought onto the Site.
e. Artist shall install the Work at the Site on dates mutually agreed upon by Artist and City.
£ Upon request of Contract Manager, Artist shall consult with a qualified art conservator and shall
provide written maintenance recommendations for the Work from said conservator to the Contract
Manager, if not provided under Final Design Addendum.
g. Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and
time, to be completed within one year of the completed installation date.
h. Artist shall make their best effort to be available at such time(s) as may be set by the City to attend
any inauguration 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 by City as soon as practicable following installation.
i. Artist shall allow video recording and photography of their participation during activities related to
this Project such as presentations and meetings.
j. If Artist intends to seek their 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 the City of Fort Worth, Texas." A social media plan must
be approved, in advance, by Contract Manager, and shall include the hashtag #fwpublicart.
20.3. 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.
20.4. Execution of Work.
a. Artist shall furnish the Schedule to the Contract Manager within fifteen business days after the
Effective Date of the Commission Addendum. After written approval of the Schedule by Contract
Manager, Artist shall fabricate, deliver, and install the Work in accordance with the Schedule.
Schedule changes may be accomplished by written agreement between Artist and Contract Manager.
b. City and/or Contract Manager, upon written request, shall have the right to review the Work during its
fabrication andlor to request visual documentation of the fabrication. Artist shall, upon written request
Agreement between the City of Fort Worth and Page 36 of 49
Ariel Davis for Public Art for Fire Station #26
by the City 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 20.4 within
thirty calendar days after receipt of the written request.
c. Artist shall complete the fabrication of the Work in accordance with the 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 sole discretion,
shall determine whether the changes are significant and do not conform to the approved Final Design.
If the Contract Manager determines that the changes do not conform to the approved Final Design,
then the changes may be presented to the FWAC for review and approval at a regularly scheduled or
special called meeting of the FWAC. If any disputes arise thereafter, the Parties shall first attempt to
resolve those disputes in accordance with the dispute resolution process set forth in Article 5 of this
Agreement.
20.5. Delivery and Installation.
a. Artist shall carry insurance as set out in Exhibit "C." 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 Commission Addendum Section 20.8 hereof, the risk of damage to or loss of
the Work shall, during fabrication and installation, shall be solely that of Artist. This risk shall
transfer to City upon installation completion and shall no longer be the responsibility of Artist upon
installation of the Work.
Artist shall notify City, through its Contract Manager, in writing when fabrication of the Work is
completed and is ready for its delivery and installation at the Site.
c. Artist shall be responsible for obtaining and paying for all necessary permits and any required traffic
barriers appropriate for this Project.
d. Artist is responsible for installing all elements of the Work. Artist shall coordinate the installation of
the Work with City and Contract Manager. Delivery and installation activities may not commence
until written permission is delivered to Artist by the City.
e. 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.
Agreement between the City of Fort Worth and Page 37 of 49
Ariel Davis for Public Art for Fire Station #26
£ Should Artist complete fabrication of the Work in advance of the approved installation date, Artist
shall store the Work at no expense to City until such a time as the Site is completed and the Contract
Manager notifes Artist that installation may commence.
g. 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 their 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 ha�e 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.
20.6. Post-installation.
a. Artist shall provide to Contract Manager written instructions for appropriate maintenance and
preservation of the Work using the Technical and Maintenance Record, attached hereto as Exhibit "J."
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
Addendum.
b. 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 during and after installation,
with at least ten of these images showing the Work installed.
20.7. 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 terms of this Artwork
Commission Addendum. Included in such notice from Artist shall be an Affidavit of Bills Paid,
attached hereto as Exhibit "K," certifying that all bills relating to services or supplies used in the
performance of the Artwork Commission Addendum have been paid.
b. City shall notify Artist in writing of its Final Acceptance of the Work.
c. Final Acceptance shall be effective as of the earlier to occur of: (1) the date of City's notification of
Final Acceptance; or (2) the thirty-fifth day after Artist sends the written notice to City required under
this Article 20.7, unless City, upon receipt of such notice and prior to the eXpiration of the thirty-five-
Agreement between the City of Fort Worth and Page 38 of 49
Ariel Davis for Public Art for Fire Station #26
day period, gives Artist written notice specifying and describing anything that has not been completed
pursuant to the Commission Addendum.
20.8. 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
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.
20.9. Warranties of Qualitv 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.
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 20.9 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 calendar days after receipt of the written notice, at
no expense to City.
If within one year after Final Acceptance City observes any breach of warranty described in this
Article 20.9 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 approved Final Design and City accepted that it may occur, it shall not be deemed
a breach for purposes of this Article 20.9.
e. If after one year from Final Acceptance and during Artist's lifetime City observes any breach of
warranty described in this Section 20.9 that is curable by Artist, City shall give written notice to Artist
to make or supervise repair or restorations at a reasonable fee. Artist shall notify City, in writing,
within thirty calendar 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 calendar day deadline or be
unwilling to accept reasonable compensation under the industry standard, City may seek the services
Agreement between the City of Fort Worth and Page 39 of 49
Ariel Davis for Public Art for Fire Station #26
of a qualified restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants each of the following:
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.
iii. With general routine cleaning and repair, and within the context of reasonably foreseeable
exposure to the elements and general wear and tear, the Work will not experience irreparable
conditions that do not fall within an acceptable standard of public display, including, but not
limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling; and
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 that 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 21
ARTIST'S RIGHTS
21.1. Identification.
City may include Artist on the Fort Worth Public Art website (www.fwpublicart.org) or other social
media platforms during any phase of the Project and will provide appropriate credit to Artist. Upon completion
of the Work, Contract Manager shall include credit to Artist on the Fort Worth Public Art website and facilitate
the design, purchase, and installation of a permanent plaque at the Site.
21.2. Maintenance.
City recognizes that maintenance of the Work is essential to the integrity of the Work. City will, to
the best of its ability, and to the extent practicable, and in accordance with appropriated funding, maintain
and protect the Work, taking into account the maintenance instructions provided by Artist.
213. 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)
andlor construction standards, including, but not limited to, any standards set forth by Ciry.
Agreement between the City of Fort Worth and Page 40 of 49
Ariel Davis for Public Art for Fire Station #26
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.
21.4. 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 21.4.b. and 21.4.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 21.4.
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 deshoying 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 ninety days to remove the Work at Artist's sole expense. Upon Artist's failure
to remove the Work during the 90-day period, City shall have the right to remove and dispose of the
Work by any means, including its destruction.
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 21.4.
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.
21.5. Record Retention.
City shall maintain a record of this Agreement and of the location and disposition of the Work
consistent with City's document retention schedule.
21.6. Additional Ri�hts and Remedies.
Nothing contained in this Article 21 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 22
ARTWORK COMMISSION COMPENSATION AND PAYMENT SCHEDULE
22.1. Compensation.
Total compensation to Artist under the Artwork Commission Addendum shall be in an amount not to
exceed [SPELL OUT DOLLAR AMOUNT �$XXXXX)l, 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 $XXXXXX , insurance,
Agreement between the City of Fort Worth and Page 41 of 49
Ariel Davis for Public Art for Fire Station #26
incidental costs, a City-held contingency of [$XXXX], all travel expenses, and any other costs associated with
the Work. The Parties may amend this Commission Addendum to allow for additional payment if additional
services are required.
22.2. Pavment Schedule.
City agrees to pay Artist under this Commission Addendum in the following installments, each
installment to represent full and �nal, non-refundable payment for all services and materials provided prior to
the due date thereof:
a. [SPELL OUT DOLLAR AMOLTNT �$XXXXX)1 within thirly calendar days of the Effective Date of
this Addendum and after City issuance of a purchase order.
i. [SPELL OUT DOLLAR AMOiJNT ($XXXXX)1 within thirty calendar days of Contract Manager's
verification of 50% fabrication;
j. [SPELL OUT DOLLAR AMOiJNT ($XXXXX)1 within thirty calendar days of Contract Manager's
verification that the Work is 100% fabricated and ready to install;
k. [SPELL OUT DOLLAR AMOLJNT �$XXXXX)] within thirty calendar days of Contract Manager's
verification that the Work is installed; and
L [SPELL OUT DOLLAR AMOiJNT ($XXXXX� within thirty-five days after Final Acceptance and
receipt by City of such documentation as it may require concerning payment of services and supplies
rendered to Artist (Commission Addendum Article 20.7.a.); provided, however, that final delivery
shall not be tendered prior to the expiration of thirty days after Final Acceptance.
f. A contingency of up to [SPELL OUT DOLLAR AMOiJNT ($XXXXX� for costs associated with
the Work that are incurred by the Artist due to unforeseen changes in materials, fabrication, or
installation costs. Payments using contingency funds will only be made upon (i) approval, in
advance, by the Contract Manager of the additional costs, and (ii) receipt of supporting
documentation from the Artist. Any unused contingency funds shall remain with the City.
ARTICLE 23
TERM OF ARTWORK COMMISSION ADDENDUM
This Artwork Commission Addendum shall take effect on the date it is executed by the City and,
unless terminated earlier pursuant to the provisions of the Agreement, shall eXtend until final payment to Artist
by City of any amounts due hereunder.
ARTICLE 24
CONTINUATION OF AGREEMENT
The Parties hereby acknowledge and agree that, unless explicitly modified by the terms ofthis Artwork
Commission Addendum, all other terms and conditions of the original Agreement and the Final Design
Addendum remain in full force and effect and shall apply throughout the duration of this Artwork Commission
Addendum.
Agreement between the City of Fort Worth and Page 42 of 49
Ariel Davis for Public Art for Fire Station #26
IN WITNESS WHEREOF, the Parties hereto have eXecuted this Commission Addendum as of the
Effective Date stated in Article 19.
CITY OF FORT WORTH
by:
Date:
Dana Burghdoff
Assistant City Manager
Contract Compliance Manager
ARTIST
Name
Title
Date:
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:
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
Trey Qualls
Assistant City Attorney
ATTESTED BY:
Jannette S. Goodall
City Secretary
Form 1295:
Contract Authorization: M&C #
DEPARTMENTAL APPROVAL:
Midori Clark
Director, Fort Worth Public Library
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Ariel Davis for Public Art for Fire Station #26
Exhibit L• Approved Final Design
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Ariel Davis for Public Art for Fire Station #26
Exhibit J: 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):
Edition Information if applicable:
Date of Execution:
Agreement between the City of Fort Worth and Page 45 of 49
Ariel Davis for Public Art for Fire Station #26
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:
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):
Agreement between the City of Fort Worth and Page 46 of 49
Ariel Davis for Public Art for Fire Station #26
Pedestals, Foundations & Footings, Mountings, 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):
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:
Agreement between the City of Fort Worth and Page 47 of 49
Ariel Davis for Public Art for Fire Station #26
Artist's Intention
Please describe your view of how the artwork will change over time, including in response to environmental
conditions. Artist's vision of how the artwork will look in the future assists FWPA in creating 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 between the City of Fort Worth and Page 48 of 49
Ariel Davis for Public Art for Fire Station #26
Exhibit K: Affidavit of Bills Paid
AFFIDAVIT OF BILLS PAID
Date:
Aff ant:
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 Signature:
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 between the City of Fort Worth and Page 49 of 49
Ariel Davis for Public Art for Fire Station #26