HomeMy WebLinkAboutContract 45465 YN °
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CITY SECR
CONTRACT NO.
AGREEMENT o I Io of PUBLIC ARTWORK
BETWEEN THE CITY of FORT WORTH
AND J AV STUDIO, C
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This Agreement is entered into this day f 2 4 � twee � .
C � � Worth, a hone-rule municipal corporation of the State of Texas ,, actin by and through.
Fernando Costa, its duly authorized Assistant City Manager, and Navarrete Studio, L C, a New
Mexico Limited Liability Company, located at 24 Baca Road, Taos,New Mexico ico 87571, and acting by and
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through Juan Navarrete and Patricia Navarrete, its duly authorized Members. City has designated the Arts
Council of Foi-t Wong and Tarrant County, Inc., to manage this Agreement on its behalf. The
Contract Manager shall act though its designated Public Aft J`ec manager..
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2- 1 of the Fort Worth Code of
r Ordinances, the Foist Worth Public Apt Program's goals are t o create an enhanced visual
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enviro ent for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity,
to integrate the design work- of artists into the development of the City's capital infrastructure
improvements, and to promote tourism and economic vitality in the City tl�-ou h the artistic design
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of public spaces,
WHEREAS City is constructing certain streetscap►e improvements on west Rosedale Street between
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"'Avenue and Main Street;
WHEREAS, City has set aside funds to commission public art/design enhancements in conjunction.
with the West Rosedale streetscape improvement project as included in the Public Art Plan for the 2004
Capital Improvement Program, adopted by the Fort Worth City Council on May 17, Zoo 5 (M&C G-14801),
and in the Public Art Plan for the 2007 Critical Capital deeds Program, adopted by the Fort Worth City
Council on October 2 6, 2010(M&C G--17095))-
WHEREAS, this Project is included in the Fiscal Year 2014 Annual Work Plan and:budget, adopted
by the Fort Worth City Council on November 12, 0�1 3 (M&C C-26557) as pail of the City's agreement with
the Contract Manager for administration of the public art program,
WHEREAS, Artist has developed an Artwork Design for West Rosedale Street under City
,Secretary Contract Number 44388, which was reviewed and approved by the Fort. Worth Art
Commission "FWAC" on October 14, 01 and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work
shall he fabricated, delivered, and installed at the Site
OFFICIAL RECORD
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Agreement for Cominission of Public Artwork with Navarrete Studio,LLB" 1 of 37
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1.13. Project - Means and includes the capital improvement/public art development
undertaking of City for which Artist's services are to be provided pursuant to this Agreement.
1.14. Schedule - Means and includes a written plan of procedure for completion of
fabrication, delivery, and installation of the work, including, but not limited to, the submission of
progress reports.
1.15. Site — Means and includes west Rosedale Street between 8t" Avenue and Main Street,
which is more particularly described in Exhibit "B," attached hereto and incorporated herein by
reference for all purposes.
1.16. work—Means and includes the ten (10) finished obj ect(s) of art and design that are
the subject of this Agreement, or any interrnediary stage of completion of such work. Each object is
made up of two panels, attached to either side of a street light pole. Five different designs will be
fabricated and installed in two locations along west Rosedale, totaling ten objects.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Artwork Design was reviewed and approved by the
FwAC on October 14, 2013, and is the basis for executing this Agreement with Artist.
2.2. Sco e 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.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture
of the work, subject to review and acceptance by City as set forth in this Agreement. The
location at the Site where the work shall be installed shall be mutually agreed upon by City
and Artist.
C. Artist, upon request of Contract Manager, shall provide information and/or attend meetings
with appropriate City staff for purposes of risk assessment, safety review, sighting of the
Work, and permitting.
d. Artist shall meet and coordinate with Project Consultant and others, as necessary, to ensure
proper integration of the work into the Site.
Agreement for Commission of Public Arhvork with Navazrete studio,LLC 3 of 37
FWAC for review and approval at a regularly scheduled or special 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 12 of this Agreement.
2.5 Delivery and Installation.
a. 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.
b. Construction of the Site, including, but not limited to, the design, engineering, and labor
associated with preparing the Site to receive the Work shall be performed by others, and
shall be done in accordance with the specifications jointly agreed to by Artist, the Project
Consultant, and City. Artist is responsible for ensuring that these specifications are provided
in accordance with the schedule provided by City so that City can incorporate them into the
construction documents and construction contract.
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,
f. Should Artist complete the Work in advance of the completion of the Site, Artist shall store
the Work at no expense to City until such a time as the Site is completed and the Contract
Manager notifies Artist that installation may continence.
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
while delivering and installing the Work. If City determines, in its sole discretion, that
Artist or Artist's subcontractors have damaged the Site, then City shall inform Artist, in
writing, of the damage. Artist, at his/her own expense, shall have thirty (30) days from
receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If
Artist fails to repair the damages to the satisfaction of City within thirty (30) days after
receipt of the notice, or within the deadline otherwise agreed to by the parties, then City
Agreement for Commission of Public Artwork with Navaxrete studio,LLC 5 of 37
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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 35th day after Artist has sent the written notice
to City required under,this Section 2.7, unless City, upon receipt of such notice and prior to
the expiration of the 35-day period, gives Artist written notice specifying and desc•ibing
anything that has not been completed pursuant to this Agreement.
2.8 Risk of Loss
The risk of loss or damage to the work shall be borne by Artist prior to Final Acceptance, and
Artist shall take such measures as are necessary to protect the work from loss or damage until Final
Acceptance, including, but not limited to, the purchase of property loss insurance, except that the
risk of loss or damage shall be borne by City prior to Final Acceptance during such periods of time
as the partially or wholly completed work is in the custody, control or supervision of City or its
agents for the purposes of moving, storing, or performing any other ancillary services to the work.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement, excluding contingency funds, shall be ONE
HUNDRED THIRTEEN THOUSAND THIRTY-THREE DOLLARS AND NO CENTS
($1134033.001, which shall constitute full compensation for all services to be performed and
materials to be furnished by Artist under this Agreement, including, but not limited to, fabrication,
transportation, installation, Artist's fee, insurance, incidental costs, all travel expenses, and any
other costs associated with the work. The Parties may amend this Agreement to allow for
additional payment if additional services are required.
3.2. Payment Schedule
a. City agrees to pay Artist in the following installments set forth below, each installment to
represent full and final, nonrefundable payment for all services and materials provided prior
to the due date thereof:
i. FIFTY-SIX THOUSAND DOLLARS AND NO CENTS ($56,000.0 upon
execution of this Agreement.
ii. THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.001 upon
Contract Manager's verification of 50% fabrication.
Agreement for Commission of Public Artwork with Nawazrete studio,LLC 7 of 37
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ARTICLE 4
TERM AND TIME OF PERFORMANCE
4.1. Term.
This Agreement shall be in effect from the Effective Date, and,unless te�ninated earlier pursuant to
such provisions in this Agreement, shall extend until final payment to Artist by City.
4.2. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with the
Schedule; provided, however, such time limits may be extended or otherwise modified by written
agreement between A,-t' and City.
4.3. Early Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her
services prior to the time provided in the schedule for delivery.
4.4. Time Extensions• Force Ma'eure.
City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if
conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or
orders of local or federal government render timely performance of the parties' services impossible
or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay, specifying
the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either
party's reasonable control shall not be considered a breach of this Agreement; provided, however,
that such obligations shall be suspended only for the duration of such conditions.
ARTICLE S
WARRANTIES
5.1. warranties of Title and Copyripht.
a. Artist represents and warrants that:
i. Artwork Design and/or work shall be the original product of Artist's sole creative
efforts.
ii. Artwork Design and/or work is and will be unique and original, and does not
infringe upon any copyright or the rights of any person or entity;
iii. Artwork Design and/or work (or duplicate thereof) has not been accepted for sale
elsewhere;
Agreement for Commission of Public Artwork with Navarrete studio,LLC 9 of 37
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supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall
notify City, in writing, within thirty (30) days after receipt of the notice as to whether Artist
will make or supervise the repairs or restorations. Should Artist fail to respond within the
thirty-day (30) deadline or be unwilling to accept reasonable compensation under the
industry standard, City may seek the services of a qualified restorative conservator and
maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the work and any associated working parts
and/or equipment will maintain the work within an acceptable standard of public
display.
H. 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 foreseeable
exposure to the elements and general wear and tear, the work will not experience
irreparable conditions that do not fall within an acceptable standard of public display,
including, but not limited to, mold, rust, fracturing, staining, chipping, tearing,
abrading, and/or peeling.
iv. Manufacturer's warranties. To the extent the work incorporates products covered
by a manufacturer's warranty, Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to
maintain the work in accordance with Artist's specifications and the applicable conservation
standards. If City fails to maintain the work in good condition, Artist, in addition to other
rights or remedies Artist may have in equity or at law, shall have the right to disown the
Work as Artist's creation and request that all credits be removed from the work and
reproductions thereof until the work's condition is satisfactorily repaired.
5.3 Survival of Re resentations and warranties
The representations and warranties in this Article 5 shall survive the termination or other extinction
of this Agreement.
Agreement for Commission of Public Artwork with NavatTete studio,LLC I I of 37
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CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or
loss to persons or property sustained or caused by Artist in connection with or incidental to
performance under this Agreement.
c. Artist shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
6.4. Intellectual Pro q
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws
and any other regulations, including, but not limited to, the assumption of any and all
responsibilities for paying royalties that are due for the use of other third-party copyrighted woks
by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or
collection of any such fees or financial obligations. City specifically does not authorize, permit, or
condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses
or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST
SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES,DAMAGES, ACTIONS, OR EXPENSES OF
EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF
CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR
ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,
AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain
appropriate licensing and all such licensing shall be the exclusive obligation of Artist.
6.5. Survival
All indemnification provisions of this Agreement shall survive the termination or
expiration of this Agreement.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Works including, but not limited to, all documents, models, and/or drawings that
constitute or are components of the Artwork Design and/or Work shall pass to City upon Final
Agreement for Commission of Public Artwork with NavatTete studio,LLC 13 of 37
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following form: "an original artwork commissioned by and in the public art collection of
the City of Fort worth,Texas."
e. Artist may, at Artist's expense, cause to be registered with the united States Register of
Copyrights, a copyright in the work in Artist's name.
f. City is not responsible for any third-party infringement of Artist's copyright and not
responsible for protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S RIGHTS
8.1. Identification.
Contract Manager shall include credit to Artist on the Foil worth Public Ai website
(www.fwpublicart.org} and facilitate the design, purchase and installation of a permanent plaque at
the site.
8.2. Maintenance.
City recognizes that maintenance of the work on a regular basis is essential to the integrity of the
Work. City shall reasonably assure that the work is properly maintained and protected, taking into
account the maintenance instructions provided by Artist in accordance with Section 2.5 and Exhibit
«C �5
8.3. Re airs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the work will
be made. During Artist's lifetime and to the extent practicable, City shall give Artist the
right to approve all major repairs and restorations; provided, however, Artist shall not
unreasonably withhold approval for any repair or restoration of the work. Should Artist
unreasonably withhold approval of any intended repair or restoration, City shall have the
right to make such repair or restoration. To the extent practicable, Artist, during Artist's
lifetime, shall be given the opportunity to make or personally supervise major repairs and
restorations and shall be paid a reasonable fee for any such services, provided that City and
Artist shall agrees in writing, prior to commencement of any significant repairs and
restorations, upon Artist's fee for such services. Should Artist fail to agree to make or
supervise the repairs and restorations, City shall have the right to choose another entity or
person to assist with the restoration and/or repairs or make said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation
standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics
Agreement for Commission of Public Artwork with Navarrete studio,LLC 15 of 37
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8.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15. The failure to do so, if such
failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right
subsequently to enforce these provisions of Article 8 that require the express approval of Artist.
Notwithstanding this provision, City shall make every reasonable effort to locate Artist when
matters arise relating to Artist's rights.
8.7. Additional Rights and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and
remedies available to Artist under the law, which may now or in the future be applicable.
ARTICLE 9
ARTIST AS AN 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, his/her officers, agents, employees and subcontractors, and doctrine of respondent
superior has no application as between City and Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense,
provided that said subcontracting shall not adversely affect the design, appearance, or visual quality
of the work and shall be carried out under the personal supervision of Artist. Any subcontract
entered into under this Agreement shall be expressly subject to the applicable terms of this
Agreement, including, but not limited to, all indemnification and release provisions. Artist shall
provide information regarding all subcontractors, including its fabricator, along with a copy of the
subcontract between Artist and each subcontractor to the Contract Manager.
ARTICLE 11
TERMINATION
11.1. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or
otherwise were offered or given by Artist or any agent or representative to any City or Contract
Agreement for Commission of Public Ailvork with Navan-ete studio,LLC 17 of 37
this Agreement prior to the effective date of termination. If City chooses to pay Artist for
sel•vices actually rendered, then all work product produced by Artist under this Agreement,
including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, designs, the work up to the effective date of tear ination shall become property of
City.
11.4. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with the
terms of this Agreement, or otherwise violate any of the covenants, agreements, or
stipulations material to this Agreement, then. the Parties shall first attempt to resolve any
disputes arising from this Article 11,4 in accordance with the dispute resolution process set
forth in Article 12 of this Agreement. If the Parties cannot resolve the disputes}, then the
disputing party shall thereupon have the right to terminate this Agreement upon the delivery
of a written "Notice of Termination" specifying the grounds for termination. Termination of
this Agreement under this Article 11.4 shall not relieve the party in default of any liability
for damages resulting from a breach or a violation of the terms of this Agreement.
b. If City terminates this Agreement pursuant to this Article 11.4, then City shall have the right
to complete the work in accordance with the Artwork Design, which shall be in addition to
any and all other rights and remedies available to City at law or in equity. If City exercises
its right to complete the work, then, notwithstanding anything to the contrary:
(1) title to the Artwork Design, work, and/or all other work product under this
Agreement and/or any prior agreement for the work, including, but not limited to, all
documents, models, and/or drawings that constitute or are components of the
Artwork Design and/or work, shall pass to City and become the property of City,
without restriction on future use, immediately upon the City's exercise of its right to
complete the work;
(2) Artist shall forfeit any and all rights to the Artwork Design, work, and/or all
other work product under this Agreement and/or any prior agreement for the work,
including, but not limited to, those stated under Articles 7 (ownership and
Intellectual Property) and 8 (Artist's Rights)of this Agreement;
(3) Artist automatically sells, assigns, and transfers to City, the entire right, title, and
interest in and to the Artwork Design, work, and/or all other work product under this
Agreement for Commission of Public Aitvork with Navarrete Studio,LLC 19 of 37
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b. If the Parties fail to resolve the dispute within sixty(50) calendar days of the date of receipt of
the notice of the dispute, then the Parties may submit the matter to non--binding mediation upon
written consent of the authorized representatives of both parties in accordance with Chapter
154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas
Government Code, then in effect. Request for mediation shall be in writing, and shall request
that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar
days following the date of request, except upon Agreement of the Parties. In the event City and
Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed
mediator within thirty (30) calendar days following the date of the request for mediation, then
all the conditions precedent in this article shall be 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. Any agreement reached in mediation
shall be enforceable as a settlement agreement in any court having jurisdiction. No provision
of this agreement shall waive any immunity or defense. No provision of this Agreement
constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then
either party shall have the right to exercise any and all remedies available under law regarding
the dispute. (See Article 11.4)
ARTICLE 13
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national
origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or
any other prohibited criteria in any employment decisions relating to this Agreement, and
Artist represents and warrants that to the extent required by applicable laws, it is an equal
opportunity employer and shall comply with all applicable laws and regulations in any
employment decisions.
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.
Agreement for Commission of Public Artwork with Navatrete studio,LLC 21 of 37
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14.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and
any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
14.8 S everability.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
14.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of 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.
14.10. Fiscal Funding out.
If, for any reason., at any time during any terra of this Agreement, the Fort worth City Council fails
to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may
terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by
City to Artist of written notice of City's intention to terminate or(ii) the last date for which funding
has been appropriated by the Fort worth City Council for the purposes set forth in this Agreement.
14.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Artist.
14.14. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that
relate to the Conceptual Design (collectively "Records") at any time during the Term of this
Agreement and for three (3) years thereafter in order to determine compliance with this Agreement.
Throughout the Term of this Agreement and for three (3) years thereafter, Artist shall make all
Agreement for Commission of Public Artwork with Navarrete studio,LLC 23 of 37
facsimile or electronically via email shall be as legally binding for all purposes as an original
signature.
14.19. Time Extensions
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
ARTICLE 15 . .
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be
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
cei•tified mail return receipt requested,postage prepaid, as follows:
1. CITY OF FORT WORTH: Assistant City Manager
City Manager's office
City of Fort worth
1000 Throcl�morton Street, Third Floor
Fort worth,Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort worth
1000 Th.rockmorton Street, Third Floor
Fort worth, Texas 76102
Martha Peters,vice President, Public Art
Arts Council of Fort worth&Tarrant County
1300 Gendy Street
Fort worth, Texas 76107
2. ARTIST Juan and Patricia Navarrete,
Navarrete Studio, LLC
P. O. Box 2251
Taos,NM 87571
Agreement for Commission of Public Artwork with Navarrete Studio,LLC 25 of 37
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z Exhibit A: Artwork Design
Artist statement: Our decision to select growth and flowering vegetation as our theme for the sculptures to
be placed on lamp poles along West Rosedale Street from 8t"Avenue to Main. In conjunction with our
impression of the Botanical Gardens,we took into consideration each distinct area within the corridor, the
Fairmount and Medical Districts and the Chisholir. Trail. Historically, flowers and planting vegetation were
very much a part of the Fairmount District. Flowers have always been an appropriate symbol of healing that
brings comfort to those ill in the hospital. Grass u as a primary need for cattle as the herds were driven north
on the Chisholm Trail. Ultimately,natural vegetation inspired us to create sculptural designs that reference
the three cultural infrastructures that were identified in the charette process.
Each of the ten sculptures will be fabricated primarily from carbon steel with contrasting stainless steel
accents.Each sculpture is made up of two panels,attached to either side of a Street light pole. Juxtaposed to
the metal components, dichroic glass will be an integral element and placed in a variety of locations on each
sculpture. Each Design will be fabricated and installed in two locations along west Rosedale.
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Illustration of scale of designs on streetlights.
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#1 Red Coral Honeysuckle
Wiest Rosedale
Lamp Pole Sculpture Designs
Mavarrete
Agreement for Commission of Public Artwork with Navazrete studio,LLC 27 of 37
3
Exhibit B: The Site
West Rosedale Street from west of 8t"Avenue to Main Street
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Agreement for Commission of Public Artwork with Navarrete Studio,LLC 29 of 37
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Edition Information if applicable:
Date of Execution:
Place of Execution:
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address:
MethodslMaterials Used in Execution of Artwork
Materials (list type, brand name and manufacturer of all materials; attach Material Safety &
Technical Data. Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects, engineers or other technicians
involved in the creation and installation of this artwork. Attach all warranties & agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material &Application Method:
Agreement for Commission of Public Attwork with Navatrete studio,LLC 31 of 37
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Recommended Routine Maintenance
Artist recommendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name:
Address:
Phone.
(Please attach Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of hove the artwork will change over time and in response to
environmental conditions. Artist's vision of how the artwork will look in the future assists FWA
in realizing an appropriate conservation action plan. In addition to environmental conditions public
artworks are often affected by public handling, landscaping and site changes. Please clearly detail
your expectations for this artwork. Please address issues related to the life expectancy of this
artwork.)
Agreement for Commission of Public Artwork with Navamte Studio,LLC 33 of 37
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Exhibit E: Sales Tax Exemption
TF*X%S CERTIFICATE*OF EXEIN11 HON
l c:ririi am CNC11)P11011 tiVrrr twa}riicrit ot' CS,-IIld usc'taxcs tier I I I c Pure 1iErsc��f`Iacxalilc Itcins,dcst:n hvA
h��Ic��� c-3r c�it tlic� rttscliecl��r�tc�r gar iri�'c�iCc'.
Descripilon of Item-s(or an attac:hcd order or lrtvraicx�fcc f3c Purchased:
I claim this exemption tsar the r o1jo%%ing reason, II
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Namc of Exc-tupt Organization: CITY OF FORT WORITI'TEX-AS
'TEXAS SALES AND US.E TAX PE NUMBER.1.75-6000528-6
Project for which inatcnals and supplies are purcha cid:
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1 uride1%.tawl thtit I will be liable for paNyrrrcrtt or.salcs tax,which inav be come civic for failure to comply
with the provisions of the statc,city,a.nd!orT metrolviitan transit mtthcarity±afles and use fax laws and
mniptrollet rules,regarding exempt purc:ha. Liabilily for the lax Neill be rictcniti-icd by the price paid
for the taxahle itcmt Purc:hawd or the fain mark-ct rental value for the pericxi of(iitt�u�W-
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I car derstarkl iti:rt it is,a n)isdmicanor to give im excmpiion c°ertiticatc.•to the:seIIvr for taxable itcittxs%vhich
I Wow.at tlic time of the purcllase,� iil lac used in a mariner other than that c'I?cnsccl i11 tlii�cc rti IICatc
uta}rr c°unr is tier,ma°bereci up to$500 lc:r cffct "
Tax C mijo Staltus i U to R6V C � r nt} c . - i
I'urcrhasc:r°: CITY OF FO.R*r WORTH,TEXAS
Sticet Addre%sl 1 000 111 R0 C KiN10RTON S IRE E'1' �
City,Statc,Zip Ccxle:Ft7R.I WOR I`M TEXAS 76102
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'1111s certificate:clues 110t require:a rr unto to tv N-Aid. Salc:,.;and ti.se tax"cxc•mptior,11tullbers"car.'t.xx
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Cc�rarptroIIt:r o1*Pub]ic°A,c xouitis_
Agreement for Commission of Public Artwork with Navan-ete Studio,LLC 35 of 37
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Artist is responsible for providing the City a thirty day (30) notice of cancellation or non--renewal of any
insurance policy and may not change the terms and conditions of any policy that would limit the scope or
coverage, or otherwise alter or disallow coverage as required herein.
Waiver of rights of recovery(subrogation)in favor of City 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 Ivey Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance
for any differences is required. Excess Liability shall follow form of the primary coverage.
"Unless otherwise stated, all required insurance shall be written on an"occurrence basis."
The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of City of Fort worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups,must also approved by City's Risk Manager.
City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon
changes in statutory law, court decision or the claims history of the industry as well as of the contracting
party to City of Fort worth. City shall be required to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorsements
thereto and may make any reasonable requests for deletion or revision or modifications of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
Agreement for Commission of Public Artwork with Navarrete Studio,LLC 37 of 37