HomeMy WebLinkAbout065038 - Construction-Related - Contract - Brandon BurnsAGREEMENT BETWEEN THE CITY OF FORT WORTH
AND BRANDON BURNS FOR PUBLIC ART FOR WEST14AVEN PARK
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 Brandon Burns ("Artist"), an individual located at 4337 Whitfield Avenue, Fort Worth, Texas,
76109. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. D/B/A Arts Fort
Worth ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through
its designated Public Art Project Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances,
the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth
residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists
into the development of the City's capital infrastructure improvements, and to promote tourism and economic
vitality in the City through the artistic design of public spaces; and
WHEREAS, funding for this project was included in the Public Art Plan for the 2022 Bond Program,
adopted by the Fort Worth City Council on November 29, 2022, as M&C 22-0935, and this project is included
in the Fort Worth Public Art Fiscal Year 2026 Annual Work Plan, adopted by the City Council on December
9, 2025, as M&C 25-1127; and
WHEREAS, the Public Art Project Outline was approved by the Fort Worth Art Commission
("FWAC") on July 21, 2025, and is attached as Exhibit "A"; and
WHEREAS, Contract Manager conducted an Artist Selection Process based on qualifications 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; and on November 17, 2025, the FWAC
approved the Selection Panel's recommendation of Artist for the Project; and
WHEREAS, under this Agreement, Artist shall develop a Preliminary Design 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 the same 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;
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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ARTICLE 1
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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 Preliminary
Design of Public Art for the Site, which 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 Brandon Burns.
1.4. Artwork Design — Means and includes the Preliminary Design and, if applicable, Final
Design, which are defined below:
Site.
1.4.a. Preliminary Design — Means all developed preliminary 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.
1.4.b. Final Design — Means Artist's final proposed design and exact location(s) of the Work
for the Site, which is based upon the Preliminary Design 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.
1.5. Artwork Commission — Means the fabrication, delivery, and installation of the Work at the
1.6. City — Means and includes the City of Fort Worth.
1.7. City Council — Means the City Council of the City of Fort Worth, Texas.
1.8. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc. D/B/A Arts Fort Worth and its officers, directors, and employees.
1.9. Design Deliverables — Means and includes those items set forth in Article 2.3. 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.
1.10. 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.
1.11. 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.
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1.12. FWAC — Means the Fort Worth Art Commission, an advisory body appointed by Fort Worth
City Council to oversee the Fort Worth Public Art Program.
1.13. Parties — Means and includes City and Artist.
1.14. Project —Means and includes the capital improvement or public art development undertaking
of City for which Artist's services are to be provided pursuant to this Agreement.
1.15. Project Consultant — Means and includes an entity contracted by City to design and/or
construct the capital improvement associated with Project.
1.16. 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.
1.17. 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.
1.18. 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.
1.19. Site — Means Westhaven Park, to be located near the 4801 Westhaven Drive, 76132 (Council
District 6), as depicted in the Project Outline attached hereto as Exhibit "A."
1.20. 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
PRELIMINARY DESIGN SCOPE OF SERVICES AND DELIVERABLES
2.1. Preliminary Design Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Preliminary Design of the Work. Services shall be performed in a professional
manner and in strict compliance with all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to approval by City as set forth in this Agreement. City may request changes to the
Artwork Design from time to time under this Agreement, and Artist will accommodate City's requests.
C. Prior to commencing the Preliminary Design, Artist shall meet with and seek input from the Project
Core Team, either in -person or virtually.
d. 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.
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e. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, siting of the Work, and
permitting.
f. 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.
g. Artist, upon request of Contract Manager, shall provide information and/or attend meetings to
communicate their design concepts and coordinate matters pertaining to the Site.
h. Artist shall develop the Preliminary Design within the budget set forth in Article 2.3.a.iv below.
i. Artist shall present, in -person (preferred) or remotely, the Preliminary 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.
j. Artist shall allow video recording and photography of their participation during activities related to
this Project such as presentations and meetings.
k. To maintain the integrity of the City of Fort Worth's public art process, for the duration of this
Preliminary Design Agreement, 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
Preliminary 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 preliminary 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.
2.2. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to
the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
2.3. Preliminary Design Deliverables.
a. Within three months after City issues a purchase order, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to
City for approval. Preliminary 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 in relation to the Site;
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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 preliminary 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 $179,783.00,
which includes all costs, including, but not limited to, materials, engineering, consulting, labor,
fabrication, delivery, installation, insurance (City requirements attached hereto as Exhibit "C"),
travel costs (if applicable), transportation, remaining Artist's fee of $19,221.00, and all other
associated costs for the Work.
b. Artist shall provide the Preliminary Design 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. Preliminary Design Deliverables shall be submitted to the Contract Manager at least three weeks prior
to the scheduled Preliminary Design presentation to the FWAC for staff review.
2.4. Preliminary Design Review.
a. Upon completion of the Preliminary Design Deliverables and acceptance by Contract Manager, Artist
shall present the Preliminary Design to the FWAC, Project Core Team, Project Stakeholders, City
staff, and other community members for review and approval at a regularly scheduled FWAC meeting.
b. City shall notify Artist of its approval or disapproval of the Preliminary Design within thirty calendar
days of Artist's presentation to the FWAC.
C. If City requires any revisions to the Preliminary Design, then City shall inform Artist of each revision.
City may require Artist to make such revisions to the Preliminary 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.
d. Artist shall have thirty calendar days from the date City informed Artist of the revision(s) to submit
the revised Preliminary Design to Contract Manager in conformance with City's requirements.
e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design
resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in
this Article. If the Parties desire not to continue with the resubmission process, then this Agreement
will automatically terminate, with payment for work performed per the payment schedule in Article 3
up through the date of termination.
f. Artist shall incorporate any City -approved revisions into the Final Design in conformance with City's
requirements if the Artist proceeds to the Final Design phase.
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2.5. Final Desian and Commission Phases.
If the Preliminary Design is approved and accepted by City, and if the City and Artist choose to proceed
to the Final Design phase, Artist understands that Artist will be required to execute a Final Design Addendum
in substantially the same form as the attached Final Design Addendum and hereby acknowledges that this
Agreement will continue pursuant to said Final Design Addendum. Likewise, if the City and Artist
subsequently choose to proceed to the Commission phase, Artist understands that Artist will be required to
execute a Commission Addendum in substantially the same form as the attached Commission Addendum and
hereby acknowledges that this Agreement will continue pursuant to said Commission Addendum.
PRELIMINARY DESIGN COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist pursuant to this Preliminary Design Agreement shall be in an amount
not to exceed ELEVEN THOUSAND, FOUR HUNDRED SIXTY-SEVEN DOLLARS AND ZERO
CENTS ($11,467.00), which shall constitute full compensation for any and all costs associated with this
Preliminary Design Agreement, including but not limited to an Artist's Fee of $9,467.00, an engineering and
consulting fee allowance of up to $2,000.00, 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 Agreement. Artist and City may amend this Agreement to
allow for additional payment if additional services are required.
3.2. Payment 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. ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) within thirty calendar days after
the City issues a purchase order.
b. TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00) within thirty calendar days after
Artist meets with Project Core Team to gather input on the project.
C. TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00) within thirty calendar days after
Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement.
d. TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00) within thirty calendar days after
Artist makes presentation of the Preliminary Design to the FWAC pursuant to Article 2.4.a.
e. TWO THOUSAND, FOUR HUNDRED SIXTY-SEVEN DOLLARS AND ZERO CENTS
($2,467.00) within thirty calendar days after City's approval of the Preliminary Design.
f. City will provide an allowance of up to TWO THOUSAND DOLLARS AND ZERO CENTS
($2,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice
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from Artist with the engineer's or consultant's original invoice for services attached (a retainer fee of
up to 50% is allowed).
3.3. 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
TERM, 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.
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.
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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 have 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 a Final Design Addendum, 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. Incapacity 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 unfinished drawings,
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 a Final Design Addendum, in the event of
termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due
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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 first attempt to
resolve these issues through this dispute resolution process. The disputing party shall notify the other
party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall
state the nature of the dispute and list the party's specific reasons for such dispute. Within ten business
days of receipt of the notice, both parties shall make a good faith effort 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. General.
a. 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
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
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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.
b. 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.
C. 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: "O date, Artist's name, Title of Work, All Rights Reserved."
d. 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.
e. 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 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 any 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. Preliminary Design and/or Work shall be the original product of the Artist's sole creative efforts;
ii. Preliminary Design 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
Preliminary Design 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 thereof) have not been offered or accepted for sale
elsewhere;
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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,
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 GeneralIndemnity.
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 DEATH) 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.
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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 Property.
Artist agrees to assume full responsibility for complying with all state and federal copyright laws and
any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying
royalties that are due for the use by Artist of other third -party copyrighted works. 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
AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assumes no obligation to review or obtain appropriate licensing, and all such licensing shall be the
exclusive obligation of Artist.
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 I I
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
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warrants that, to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated, or 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 Agreement.
This writing embodies the entire agreement and understanding between the Parties hereto, and there
are no other agreements and understandings, oral or written, with reference to the subject matter hereof that
are not merged herein and superseded hereby.
12.3. Amendments.
No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or
effective unless made in writing and signed by both parties hereto and approved by appropriate action of
City.
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. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
12.6. Successors and Assigns.
Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and
Artist and their respective successors and permitted assigns.
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12.7. No Third -Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any
lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
12.8. Severability.
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; fires; strikes; lockouts; national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the
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
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 Funding Out.
If for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to
appropriate funds sufficient for 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
Agreement between the City of Fort Worth and Brandon Burns Page 14 of 51
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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.
12.15. Counterparts and Electronic Signatures.
This Agreement may be executed in several counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument. A signature received via facsimile or
electronically shall be as legally binding for all purposes as an original signature.
12.16. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
12.17_ Tcrael_
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 that Artist's signature provides written verification to the City that Artist: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
12.18. Energy 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
Agreement between the City of Fort Worth and Brandon Burns Page 15 of 51
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the Texas Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that
Artist's signature provides 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.
12.19. 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 that Artist's signature provides written verification to
the City that Artist: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
ARTTCT F 11
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or
receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, as follows:
1. CITY OF FORT WORTH: 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, Public Art Program Manager
Arts Fort Worth
306 West Broadway Avenue, Suite 200
Fort Worth, Texas 76104
Agreement between the City of Fort Worth and Brandon Burns Page 16 of 51
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ARTIST Brandon Burns
4337 Whitfield Avenue
Fort Worth, TX, 76109
[Remainder of page intentionally left blank.]
Agreement between the City of Fort Worth and Brandon Burns Page 17 of 51
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IN WITNESS WHEREOF, the Parties hereto have executed this Preliminary Design Agreement as
of the Effective Date.
CITY OF FORT WORTH
by: D&Kq/ 8 yr YW
Danal)E*j(gWt1W 26 14:22: 1 CDT)
Assistant City Manager
ei Wh IN WMIRUPS1
RECOMMENDED FOR APPROVAL
by: ,
Midi�ol 4fr 14, 2026 10:49:59 CDT)
Fort Worth Library Director
Contract Compliance Manager
ART
Brandon Burns
Date: April 8, 2026
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.
A�A V\ Q. �eeq,
Name: Adam Neese
Title: Public Art Collection and Project Manager
APPROVED AS TO FORM
AND LEGALITY:
GCQ.�
Tr Qualls
Assistant City Attorney
bp4IF p4�R 4
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ATTESTED BY: onoo
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JWnette S. Goodall
City Secretary
Contract Authorization:
Form 1295: Not required
No M&C required.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Agreement between the City of Fort Worth and Brandon Burns
for Public Art for Westhaven Park — Execution Copy
Page 18 of 51
Exhibit A: Approved Project Outline
, , . , �J
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BACKGROUND AND HISTORY
Westhaven Park was acquired by the City of Fort Worth in 2020 and dedicated as public parkland.
The 4.67 -acre park was the former site of Van Zandt YMCA Southwest. The buildings were
demolished and the shelter structure, basketball and tennis courts were retained.
The Park and Recreation Department's master plan includes walking paths, a playground area and
other park improvements. The construction process is expected to begin in June with the project
being completed by summer of 2026.
PUBLIC ART BUDGET
The project is included in the Fort Worth Public Art Fiscal Year 2025 Annual Work Plan and Budget,
adopted by the Fort Worth City Council on November 12, 2024 (M&C 24-1001). Funding for the
artwork and contingencies, which was included in the Public Art Plan for the 2022 Bond Program,
totals $212,500.
PUBLIC ART SITE AND APPROACH
This public art project presents an opportunity for an artist to create unique artwork for the park,
where it would be easily accessible, highly visible and have the greatest impact. At their meeting,
the Project Core Team expressed interest in an artwork that serves as a landmark, drawing visitors
into the park and enhancing its identity. They also discussed the potential for the work to reflect
the park's role as a gathering place for community events and recreation, possibly through a
design that encourages play or functional purpose.
PROJECT CORE TEAM
Mary Elliott, Community Representative
Nina Holland, Community Representative
Tyler McAllister, Overton South NA
Erin Russo, Overton South NA
Bill Strange, Overton South NA
Agreement between the City of Fort Worth and Brandon Burns Page 19 of 51
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Hunter Welling, Overton South NA
Marge Wellman, Community Representative
ARTIST ELIGIBILITY
Staff will recommend 6-8 artists from the Fort Worth Public Art Pre -Qualified List of Artists, and
additional artists by invitation, whose work would be a good fit for the project.
ARTIST SELECTION PANEL MEETING #1
Artists will be contacted prior to being considered, to ascertain their interest and availability. The
Artist Selection Panel shall review the artists' qualifications and select 3 finalists and one alternate.
FINALIST ORIENTATION
The finalists shall participate in an orientation on site, if possible, prior to Selection Panel Meeting
#2 to be further familiarized with contextual surroundings. The Artist Selection Panel and Project
Core Team shall be invited to participate in the orientation.
SELECTION PANEL MEETING #2
The Artist Selection Panel shall interview the three finalists individually at this meeting and will be
asked to address a series of questions about how they might approach the project and/or about
their professional experience. After discussion, the panel will recommend one artist and one
alternate for the project. Upon the FWAC's approval of the Panel's recommendation, a design
contract will be executed with the selected artist.
ARTIST SELECTION PANEL (Voting)
1. Mia Hall, Council Member District 6
2. Tyler McAllister, Elected Project Core Team Member
3. Bernardo Vallarino, Fort Worth Art Commissioner
4. Jamin An, Arts Professional
5. Brenda Ciardiello, Artist
ADVISORS (Non -voting)
1. Andrea West, District Director 11
2. Kennedy Jackson, District Director 11
3. Dena Ashton, Parks Advisory Board, District 11
4. Seth Henry, Parks Department, City of Fort Worth
5. Core Team Members
6. Others as appropriate
Agreement between the City of Fort Worth and Brandon Burns Page 20 of 51
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Exhibit B: Budget Form (Final Design & Commission Phases)
FEES
Artist's Fee (Design, Studio Overhead,
Engineer
Lighting Designer
Conservator
Other Consultants
SUB -TOTAL FEES
COSTS ARTIST TRAVEL (Based on GSA Rates) COSTS
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
SUB -TOTAL TRAVEL $
$ TOTAL FINAL DESIGN PHASE $ -
,PROJECT••MENT TEMPLATE
FEES
- COMMISSION
COSTS
Artist's Fee (Design, Studio Overhead, Admin)
Engineer
Lighting Designer
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)
SUB -TOTAL TRAVEL
$
ARTIST TRAVEL (Based on GSA Rates) COSTS
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
SUB -TOTAL TRAVEL 1 $ -
INSTALLATION
COSTS
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 1 $ -
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. Contingenyfunds 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 Brandon Burns Page 21 of 51
for Public Art for Westhaven Park — Execution Copy
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 Office (ISO) policy. The policy
shall name City as an additional insured.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include property "in transit."
Automobile Liability
$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 Brandon Burns Page 22 of 51
for Public Art for Westhaven Park — Execution Copy
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 industry or 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 Brandon Burns Page 23 of 51
for Public Art for Westhaven Park — Execution Copy
Exhibit D: Sales Tax
Texas Sales. and Use Tax Exemption Ce-rtification
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Agreement between the City of Fort Worth and Brandon Burns Page 24 of 51
for Public Art for Westhaven Park — Execution Copy
Exhibit E: Final Design Addendum
WHEREAS, on [DATE], the City and Artist entered into City Secretary Contract No. , to
develop a Preliminary Design for Public Art for the Site; and
WHEREAS, on [DATE], the FWAC approved Artist's Preliminary Design and recommended that
the Artist develop a Final Design based on the Preliminary Design for public artwork to be incorporated into
the Site; and
IF APPLICABLE. 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 sufficiency 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 Acknowledgment.
City and Artist acknowledge that Artist's approved Preliminary Design, as described in the attached
Exhibit "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 Design Scope 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.
b. 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 Preliminary Design Review process
from the FWAC, Project Core Team, and Project Stakeholders.
C. The location at the Site on which the Work shall be installed shall be mutually agreed upon by City
and Artist.
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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.
f. 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.
15.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to
the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
15.4. Final Design 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
here];
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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 Exhibit "G," for
Artwork Commission of the Work in an amount not to exceed [SPELL OUT DOLLAR
AMOUNT ($XXXXX)], 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 [$XXXXO-X], 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.
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15.5. Final Design 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 have 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.
£ Artist shall incorporate any City -approved revisions into any subsequent Artwork Commission
Addendum in conformance with City's requirements.
g. If Artist's Final Design is approved by City, then Artist's Final Design shall, upon Fort Worth City
Council authorization, be incorporated into this Agreement as an addendum and shall become the basis
for proceeding to the Artwork Commission phase.
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 Agreement, which is the foundation for this Final Design Addendum.
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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 AMOUNT ($XXXXX)], 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 services are required.
16.2. Payment 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 AMOUNT ($XXOOOJI within thirty calendar days of the Effective Date of
this Final Design Addendum and after City issuance of a purchase order.
b. [SPELL OUT DOLLAR AMOUNT ($XXXY-X)l within thirty calendar days after Artist submits the
Final Design Deliverables as required under Article 15.4 of this Addendum.
C. [SPELL OUT DOLLAR AMOUNT ($XXXXX)l within thirty calendar days after Artist makes
presentation of the Final Design to the FWAC pursuant to Article 15.5.
d. [SPELL OUT DOLLAR AMOUNT ($XXXXX)l within thirty calendar days after City's approval of
the Final Design.
C. City will provide an allowance of up to [SPELL OUT DOLLAR AMOUNT ($XXXXX)l for
engineering, material samples, mock-ups, professional services, and conservator or other consulting
fees, as necessary. Such payment shall be made for actual services rendered only (a retainer fee of up
to 50% is allowed) and upon receipt of an invoice from Artist with the original invoice for such services
attached.
f. ONLY IF APPLICABLE: City will provide a travel stipend of up to [SPELL OUT DOLLAR
AMOUNT ($XXXXX)l for travel costs for up to [XX] trip(s) by Artist at SPELL OUT DOLLAR
AMOUNT ($XXXXX)l per trip, provided that Project Manager has approved the travel in writing, in
advance. This stipend shall cover all allowable travel expenses consistent with GSA Guidelines after
travel occurs.
16.3. 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
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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.
raryrralSI&Mr.A
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 modified 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.
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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 ARTIST
by:
Dana Burghdoff Name
Assistant City Manager Title
Date: Date:
RECOMMENDED FOR APPROVAL
by:
Midori Clark
Fort 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.
Name: Adam Neese
Title: Public Art Collection and Project Manager
APPROVED AS TO FORM
AND LEGALITY:
Trey Qualls
Assistant City Attorney
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ATTESTED BY:
Jannette S. Goodall
City Secretary
Form 1295:
Contract Authorization:
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Exhibit F: Approved Preliminary Design
[Insert here in its entirety]
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Exhibit G: Budget Form (Commission Phase)
,PROJECT•.
FEES
COSTS
Artist's Fee (Design, Studio Overhead, Admin)
Engineer
Lighting Designer
Conservator
Other Consultants
SUB -TOTAL FEES
$ -
PROJ ECT BU DG ET • EVELO•M E NT TEM PLATE
FEES
- COM M ISS 10
COSTS
Artist's Fee (Design, Studio Overhead, Admin)
Engineer
Lighting Designer
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)
SUB -TOTAL TRAVEL
$
-IASE
ARTIST TRAVEL (Based on GSA Rates)
COSTS
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
SU B-TOTAL TRAVEL
$
TOTAL FINAL DESIGN PHASE $ -
IASE
ARTIST TRAVEL (Based on GSA Rates)
COSTS
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
SU B-TOTAL TRAVEL
$
INSTALLATION
COSTS
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
$
COMMISSION PHASE $ -
CITY HELD CONTINGENCY $
TOTAL COMMISSION + CONTINGENCY $
Attach a written quote or estimate complete with per unit costs for all items.
City held contingeny funds are only accessed for unforeseen costs with supporting documentation approved by contract
manager. Any unused contingency funds shall remain with the City.
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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 Work at the Site; and
R 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 sufficiency 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 Acknowledgment.
Went.
City and Artist acknowledge that Artist's Final Design, as described and depicted in the attached
Exhibit "I," was reviewed and approved by the FWAC on [DATE], and W.
"...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 the 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.
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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.
f. 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. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to
the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
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 and/or to request visual documentation of the fabrication. Artist shall, upon written request
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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.
b. 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.
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f. 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 notifies 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 have the right to deduct the cost of repairs from any remaining payment due to Artist under this
Agreement, which shall be in addition to any and all other rights and remedies available to City at
law or in equity.
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 -
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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 Quality and Condition.
a. Artist represents and warrants that all work will be performed in accordance with professional,
"workmanlike" standards and free from defective or inferior materials and workmanship (including
any defects consisting of "inherent vice" or qualities that cause or accelerate deterioration of the
Work) for at least one year after the date of Final Acceptance.
b. Artist represents and warrants that the Work and the materials used are not currently known to be
harmful to public health and safety.
C. If within one year after Final Acceptance City observes any breach of warranty described in this
Article 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.
d. 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 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 of a qualified
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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 cause it to fall below acceptable standards of public display, including, but not
limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.
g. Manufacturer's Warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty, Artist shall provide copies of such warranties to City.
h. The foregoing warranties are conditional and may be voided by the failure of City to maintain the
Work in accordance with the applicable conservation standards. If City fails to maintain the Work in
good condition, Artist, in addition to other rights or remedies 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
TIST'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 recommendations provided by Artist.
21.3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work will be made.
b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice)
and/or construction standards, including, but not limited to, any standards set forth by City.
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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 destroying the Work or the building or structure, City at its sole discretion may
relocate, sell, or store the Work. If City chooses not to relocate, sell, or store the Work, Artist may be
given written notice and 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.
d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work as
that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship on
the grounds stated in this Article 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 Riahts 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 ($XXX2 XMj, 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 $XXXXXX , insurance,
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incidental costs, a City -held contingency of [$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. Payment Schedule.
City agrees to pay Artist under this Commission Addendum 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 AMOUNT ($XXXXX)] within thirty calendar days of the Effective Date of
this Addendum and after City issuance of a purchase order.
b. [SPELL OUT DOLLAR AMOUNT ($XXXXX)] within thirty calendar days of Contract
Manager's verification of 50% fabrication.
C. [SPELL OUT DOLLAR AMOUNT ($X20CM1 within thirty calendar days of Contract Manager's
verification that the Work is 100% fabricated and ready to install.
d. [SPELL OUT DOLLAR AMOUNT ($XXXQOQJ within thirty calendar days of Contract Manager's
verification that the Work is installed.
e. [SPELL OUT DOLLAR AMOUNT ($XXXXX)l within thirty-five days after Final Acceptance and
receipt by City of such documentation as it may require concerning payment of services and supplies
rendered to Artist (see Commission Addendum Article 20.7.a); provided, however, that final delivery
shall not be tendered prior to the expiration of thirty days after Final Acceptance.
f. A City -held contingency of up to [SPELL OUT DOLLAR AMOUNT ($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 of this Artwork
Commission Addendum, all other terms and conditions of the original Agreement and the Final Design
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Addendum remain in full force and effect and shall apply throughout the duration of this Artwork Commission
Addendum.
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IN WITNESS HEREOF, the Parties hereto have executed this Commission Addendum as of the
effective date stated in Article 19.
CITY OF FORT WORTH ARTIST
by:
Dana Burghdoff Name
Assistant City Manager Title
Date: Date:
RECOMMENDED FOR APPROVAL
by:
Midori Clark
Fort 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.
Name: Adam Neese
Title: Public Art Collection and Project Manager
APPROVED AS TO FORM
AND LEGALITY:
Trey Qualls
Assistant City Attorney
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ATTESTED BY:
Jannette S. Goodall
City Secretary
Form 1295:
Contract Authorization: M&C #
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Exhibit I: Approved Final Design
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for Public Art for Westhaven Park — Execution Copy
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:
Pedestal or Pad Material: _
Pedestal or Pad Dimensions:
Height:
Width: Depth:
Width:
Location & Description of Signature Markings (or copyright):
Edition Information if applicable:
Date of Execution:
Depth:
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for Public Art for Westhaven Park — Execution Copy
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):
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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:
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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.
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AFFIDAVIT OF BILLS PAID
Date:
Affiant:
Project:
Exhibit K: Affidavit of Bills Paid
Affiant, on oath, swears that the following statement is true:
Affiant has paid each of Afflant'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 Project. 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
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Brandon Burns
Subject of the Agreement:
Public Art for Westhaven Park
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.