HomeMy WebLinkAboutContract 50618 CITY SECRETARY
CONTRACT NO.
n € AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
KIBOWORKS,INC.,FOR FABRICATION OF PUBLIC ART PROTOTYPES
FOR THE HEMPHILL LAMAR CONNECTOR
01�This Agreement,entered into thishday of 2018 by and
G
between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and
through Jesus J. Chapa, its duly authorized Assistant City Manager, and KiboWorks, Inc., a California
corporation, located at 9580 Oak Valley Parkway, Suite 7-211, Folsom, CA, 95630, and acting by and
through Kevin Furry, its duly authorized representative. The City has designated the Arts Council of Fort
Worth and Tarrant County, Inc., 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;
WHEREAS, City is constructing the Hemphill Lamar Connector, which is a new roadway that run
beneath the Union Pacific Railroad Bridge and Interstate 30,and connect downtown Fort Worth and the Near
Southside between W.Lancaster Avenue to W. Vickery Boulevard;
WHEREAS, allocated from the 2004 Bond Program, Proposition I as part of the Long-Range
Public Art Plan for the 2004 CIP approved by the Fort Worth City Council on May 17, 2005, and from the
Public Art Fund for the design and production of artwork for the Hemphill Lamar Connector, as reflected in
the Fort Worth Public Art Fiscal Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on
October 17,2017(M&C G-19139);
WHEREAS, the Fort Worth Art Commission ("FWAC") approved artist Corson Studios, L.L.C.'s
Revised Final Design of a public artwork titled,Flight, on April 13, 2015, which is described as twenty-six
(26) bird-like "longhorn" sculptural components, each 12 feet in length and fabricated of frosted white,
robust, UV-stable, impact resistant acrylic that will glow from dusk to dawn with internal LED lights that
slowly shift in color, mounted on five (5) free standing painted steel supports, with the tallest being 35 feet
in height, located in the median on the north (Downtown) side of the Hemphill Lamar Connector. In
addition,thirty-nine(39)"longhorns"of the same size mounted under the Interstate 30 Bridge,plus four(4)
"longhorns"that will emerge from the south side of the Hemphill Lamar Connector;
WHEREAS,soon after the FWAC's approval of the Preliminary Partial Redesign and Revised Final
Design o Public Art or Hemphill i 1 Lamar Connector, the City put the construction of tile Hemphill Lamar
Connector on hold to secure additional funds for the project;
OFFICIAL RECORD
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WHEREAS, in April 2017, Dan Corson of Corson Studios, L.L.C., notified the City of his
retirement from public art and recommended longtime collaborator,KiboWorks,Inc.,to implement Flight on
his behalf,which the FWAC approved on April 10,2017;
WHEREAS, KiboWorks, Inc., has determined the necessity to fabricate prototypes of the
"longhorns" and the metal clamps for the 1-30 bridge beams to finalize fabrication materials, methods and
costs prior to entering into an Artwork Fabrication Agreement with the City;
WHEREAS, City and Implementation Artist wish to set out the terms and conditions under which
said prototypes of the Work shall be made;
NOW,THEREFORE,City and Implementation Artist for and in consideration of the covenants and
agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement,the following terms shall have the meanings as set forth below:
1.1. Agreement—Means and includes this agreement between the City and Implementation Artist
for Public Art Prototypes for the Site.
1.2. Artist — Means and includes design artist Dan Corson of Corson Studios, L.L.C., and/or his
heirs,executors,administrators,legal representatives,successors,agents,subartists,contractors and assigns.
1.3. Artwork Design—Means and includes Artist's final City-approved design of the Work for the
Site, created in connection with the Final Design Agreement on or about March 1, 2010 (City Secretary
Contract No. 39962), as amended on or about February 21, 2011 (City Secretary Contract No. 39962-A1)
and the Preliminary Partial Redesign Agreement on or about January 30, 2015 (City Secretary Contract No.
46385),as amended as the Preliminary Partial Redesign and Revised Final Design on or about November 25,
2015 (City Secretary Contract Number 46385-A1) and includes, but is not limited to, all final drawings,
sketches, prototypes, maquettes, models, and the like that were created by Artist in connection with the
Preliminary Partial Redesign and Revised Final Design Contract. The design and description are attached
hereto as Exhibit"A"and incorporated herein for all purposes.
1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc.,and/or its officers,directors,employees.
1.5. City—Means and includes the City of Fort Worth.
1.6. Effective Date — Means and includes the date represented in the first paragraph of this
Agreement,which shall be the official date of execution of this Agreement.
1.7. Implementation Artist — Means and includes KiboWorks, Inc., and/or their heirs, executors,
administrators,legal representatives,successors,agents, subartists,contractors and assigns.
1.8.Parties—Means and includes City and Implementation Artist.
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1.9. 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.
1.10.Project Stakeholders—Means and includes the appropriate City Council Member(s), and their
appointed community representatives and the FWAC's appointed representative and others as may be
appropriate.
1.11. Public Art Prototypes - Means and includes Implementation Artist's prototype(s) of the
"longhorn" elements and metal clamps for the 1-30 bridge beams of the Work for the Site, which is based
upon Artist's Preliminary Partial Redesign and Revised Final Design of the Work for the Site and includes,
but is not limited to, all final drawings, sketches, prototypes, maquettes, models, and the like that may be
created by Implementation Artist in connection with this Agreement, or the like that are related, directly or
indirectly, to the Work and shall include Implementation Artist's specifications for fabrication and
installation of the Work.
1.12. Public Art Prototypes Deliverable(s) —Means and includes those items set forth in Article
2.5 of this Agreement that are required for Artist's review and City's review and approval.
1.13. Site — Means and includes the Hemphill Lamar Connector, located between W. Lancaster
Avenue and W. Vickery Avenue, 76102 (Council District 9) and which is more particularly described in
Exhibit`B,"attached hereto and incorporated herein by reference for all purposes.
1.14. Work—Means and includes the finished objects of art and design that are the subject of this
Agreement,or any intermediary stage of completion of such works.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Implementation Artist Selection.
City, Artist, and Implementation Artist acknowledge that Artist's recommendation of
Implementation Artist was unanimously approved as a Direct Selection by the FWAC on April 10, 2017, in
accordance with the artist selection guidelines outlined in the Fort Worth Public Art Master Plan,as the basis
for executing this Agreement with the Implementation Artist.
2.2. Scope of Services.
a. Implementation Artist shall perform all services and shall furnish all supplies, materials, and
equipment as necessary for fabricating, delivering, and demonstrating Public Art Prototype(s)for the
Site. Services shall be performed in a professional manner and in strict compliance with all terms
and conditions in this Agreement.
b. Implementation Artist understands and acknowledges that City has acquired the Artwork Design
(excluding any ownership rights in and to the copyright) from the Artist for the purpose of hiring
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Implementation Artist to update Artist's budget and to fabricate prototype(s) of the Work based on
the Artwork Design and deliver and demonstrate the Work for the Site.
c. To ensure the integrity of the Artwork Design during the prototype fabrication process,
Implementation Artist shall coordinate/consult with the Artist.
a. Implementation Artist shall be in communication with the Artist at the beginning of the
fabrication process to discuss the Artwork Design and the Artist's expectations for the Work.
b. Implementation Artist shall be available to the City for any questions or concerns that may
arise during the prototype fabrication process.
c. If any disputes arise between the Artist and the Implementation Artist as to the Artwork
Design, then Implementation Artist must seek to resolve those issues through the Contract
Manager first.
d. Implementation Artist shall perform all services and will furnish all supplies, materials, and
equipment as necessary for fabricating and demonstrating the Public Art Prototypes of the
"longhorns" and metal clamps for the 1-30 bridge beams of the Work and for providing the Public
Art Prototype Deliverables. Services shall be performed in a professional manner and in strict
compliance with all terms and conditions in this Agreement.
e. Implementation Artist shall develop the Public Art Prototype(s) in such a way as to convey Artist's
artistic expression, scope, design, color, size, material, and texture of the Work, subject to review
and input from Artist and approval by City as set forth in this Agreement.
f. Implementation Artist shall meet and coordinate with City staff, including Transportation and Public
Works and its Construction Manager at Risk and others, as necessary, to plan the installation the
Work into the Site in terms of structural support for the Work.
g. Upon request of City, Implementation Artist shall consult with a qualified art conservator and shall
provide written maintenance recommendations for the Work, based on the Public Art Prototypes,
from said conservator to the Contract Manager.
h. The location at the Site on which the Work shall be installed has been mutually agreed upon by City
and Artist.
i. Implementation Artist shall send the Public Art Prototype(s) to Artist and to Contract Manager
simultaneously for review and input prior to presenting it/them to the appropriate City staff, Project
Stakeholders, and other City boards or commissions, as appropriate, for input and to the FWAC for
review and approval at dates and times mutually agreed upon.
j. Implementation Artist shall make a minimum of one (1)trip to Fort Worth, Texas for meetings and
presentations as indicated above.
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k. For the duration of this Agreement, any publicity related to the Work at any stage under this
Agreement shall be coordinated through the Contract Manager. Implementation Artist should get the
Contract Manager's consent in writing prior to engaging in publicity for the Work.
2.3. Implementation Budget Total.
Implementation Artist shall develop the Public Art Prototype(s) that are financially feasible relative
to the budget for implementation. It is understood that the total budget for implementation of the Work is
estimated to be FIVE HUNDRED THIRTY-SIX THOUSAND DOLLARS AND NO CENTS($536,000.00 ,
reflecting total costs and inclusive of materials, labor, fabrication, travel, transportation, construction,
insurance, footings, installation, all associated costs for the Work; Implementation Artist shall provide a
detailed budget, on the budget form attached hereto as Exhibit"C,"for implementation of the Work through
a possible Artwork Implementation Contract with City. The City's required insurance for implementation is
attached hereto as Exhibit"D,"and such costs for maintaining the levels of insurance outlined in Exhibit"D"
shall be included in the implementation budget total.
2.4. Citv Assistance.
Upon request by Implementation Artist, City shall promptly furnish all information and materials
required by Implementation Artist to the extent that such materials are available. City, upon request by
Implementation Artist,shall also provide correct scaled drawings of the Site, if available.
2.5. Public Art Prototype(s)Deliverables.
a. Within two (2)months after the Effective Date, Implementation Artist shall provide services and all
supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this
Article 2.5 to City for approval. Public Art Prototype Deliverables shall consist of the following:
i. Two(2)full scale prototypes of the functional "longhorn"elements using a roto-cast method out
of actual materials to be used for the Work that will demonstrate the construction, materials and
internal LED lighting, as required by Artist, with one shipped to Artist and one to Contract
manager for the City's review.
ii. Detailed,shop drawings for the"longhorn"elements.
iii. Two(2)full scale prototypes of the metal beam clamps,for review of Artist and City
iv. Detailed shop drawings for the metal beam clamps.
V. A written narrative describing the following: (1)Proposed materials, fabrication, and installation
methods for the "longhorn" elements of the Work, including information regarding
Implementation Artist's subcontractor(s), if any; (2) Maintenance requirements for all elements
of the Work as dictated by Implementation Artist, along with cost estimates for annual
maintenance;
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vi. A detailed final budget, on the budget form attached hereto as Exhibit"C," for final design and
implementation of the Work in an amount of approximately FIVE HUNDRED THIRTY-SIX
THOUSAND DOLLARS AND NO CENTS ($536,000.00), reflecting total costs and inclusive
of materials, labor, fabrication, travel, transportation, construction, insurance, footings,
installation, and all associated costs for the Work. The detailed final budget will be for
implementation of the Work through a possible artwork implementation contract with City.
2.6. Public Art Prototypes Review.
a. Implementation Artist shall present the Public Art Prototype(s) to Contract Manager, City staff,
Project Stakeholders and the FWAC for review and input at a regularly scheduled FWAC meeting.
b. City may require Implementation Artist to make such revisions to the Public Art Prototype(s) as are
necessary for the Work to comply with applicable statutes, ordinances, or regulations of any
governmental regulatory agency having jurisdiction over the Site for reasons of safety and security.
C. City may also require Implementation Artist to make such revisions to the Public Art Prototype(s)as
City deems necessary in its sole discretion.
d. Within thirty (30) calendar days of its receipt of Implementation Artist's submission of the Public
Art Prototype(s), City shall notify Implementation Artist of its approval, or disapproval, of such
submission and of each revision made in the Public Art Prototype(s). Revisions made pursuant to
this Article 2.6,upon approval by City,shall become part of the artwork implementation contract.
e. If the Public Art Prototype(s) or any required revisions to the Public Art Prototype(s) is disapproved
by City, Implementation Artist shall have thirty (30) calendar days to resubmit the Public Art
Prototype(s)in conformance with City's requirements.
f. If resubmitted materials are not approved by City, this Agreement may be terminated at City's sole
discretion, with payment for work performed per the payment schedule in Article 3 up through the
date of termination. Implementation Artist shall provide the Public Art Prototype(s) presentation
materials to Contract Manager to become part of City's Public Art archive. Upon the expiration of
the Term,as hereinafter defined,of this Agreement,if the Public Art Prototype(s)is accepted by City
and funding is approved by the Fort Worth City Council, negotiations for fabrication, delivery, and
installation of the Work shall commence, and shall become part of the deliverables under any
possible subsequent artwork implementation contract.
g. Upon approval of the Public Art Prototype(s)by City,Implementation Artist shall provide the Public
Art Prototype(s) presentation materials to the Contract Manager to become part of the City of Fort
Worth Public Art archive owned by City. These documents,models and/or drawings will be retained
for archival and exhibition purposes.
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ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Implementation Artist under the Agreement shall be in an amount of
TWENTY-FIVE THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS AND NO CENTS
($25,497.00),which shall constitute full compensation for any and all costs associated with this Agreement,
including, but not limited to, Implementation Artist's fee, engineering and consulting fees, shipping costs,
travel, and services performed and materials furnished by Implementation Artist under this Agreement.
Implementation 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 set forth below, each installment to represent
full and final,non-refundable payment for all services and materials provided prior to the due date thereof:
a. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS($2,500.00)upon execution of
this Agreement.
b. NINETEEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS AND NO CENTS
($19,497.00)upon receipt of the purchase order from the fabricator.
C. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00)within thirty (30)
days after Implementation Artist submits the Public Art Prototype(s)Deliverables as required under
Article 2.5 of this Agreement and makes a presentation of the Public Art Prototype(s)to the FWAC.
d. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty(30) days after the City
notifies the Implementation Artist of its approval of the Public Art Prototype(s).
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due
upon the project. City shall supply Implementation Artist with the "Texas Certificate of Exemption" in
substantially the same form as that attached hereto as Exhibit "E" for use by Implementation Artist in the
fulfillment of this Agreement.
3.4. Implementation Artist' Ex ep nses.
Implementation Artist shall be responsible for the payments of all expenses incurred during the
performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges
and insurance on submissions to City, cost of all travel, and costs for Implementation Artist's agents,
consultants, and/or employees necessary for the proper performance of the services required under this
Agreement.
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ARTICLE 4
TERM AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to
such provisions in this Agreement,shall extend until final payment to Implementation Artist by City.
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 Implementation 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 this 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 Article 4.3 in
accordance with the dispute resolution process set forth in Article 5 of this Agreement. If the Parties cannot
resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement
upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination
of this Agreement under this 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 thirty (30) calendar days before termination, specifying the grounds for
termination.
b. If the termination is for the convenience of City, City shall pay Implementation Artist for services
actually rendered up to the effective date of termination, and Implementation 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 Implementation Artist's receipt of payment in full of all monies
due for services provided up to the effective date of termination, City shall have the right at its
discretion to possession and transfer of title to the sketches, designs, and models already prepared
and submitted or presented for submission to City by Implementation Artist under this Agreement
prior to the effective date of termination,provided that no right to fabricate or execute the Work shall
pass to City.
C. If termination is for the convenience of Implementation Artist, Implementation Artist shall remit to
City a sum equal to all payments (if any) made to the Implementation Artist pursuant to this
Agreement prior to termination.
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4.5. Incapacity of Implementation Artist.
a. In the event that Implementation Artist becomes incapable, legally or otherwise, of performing its
duties and/or obligations under this Agreement,City shall have the right to terminate this Agreement
on payment to Implementation Artist or Implementation Artist's successors for all work and services
performed prior to incapacity. All finished and unfinished drawings, sketches,photographs, models,
and any other work shall automatically become property of City.
b. Should Implementation Artist's Final Design Prototypes have been approved, in the event of
termination under this Article 4.5, City shall have the right to complete the Work. Due regard shall
be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist.
ARTICLE 5
DISPUTE RESOLUTION
If either Implementation 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 (10) business days of
receipt of the notice,both parties shall make a good faith effort,either 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.
If the Parties fail to resolve the dispute within sixty(60)calendar days of the date of receipt of the notice
of the dispute, then the Parties may submit the 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
Implementation 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
4.3)
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ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including, but not limited to, all documents, models, and/or drawings that
constitute or are components of the Work shall pass to City upon Final Acceptance and payment for the
Work. These documents,models,and/or drawings will be retained for archival and exhibition purposes.The
Work and all other work products under this Agreement shall become the property of City, without
restriction on future use,except as provided below.
6.2 Copyright.
The Parties agree that the Work fabricated pursuant to this Agreement shall be a work made for hire
within the meaning of the Copyright Act of 1976, as amended; the Parties agree the Artist and/or the
copyright claimant grant to Implementation Artist only that right and license to fabricate the Work,
including, but not limited to, as a reproduction or as a derivative work, and Implementation Artist hereby
irrevocably assigns and agrees to assign and transfer any and all right, title and interest in any copyright
resulting from the fabrication of the Work, including, but not limited to, as a reproduction or as a derivative
work, throughout the world for the entire term of copyright to Artist or copyright claimant. Implementation
Artist agrees to sign and execute any documents reasonably required to effectuate the purposes of this
provision, and further, Implementation Artist grants to Artist or copyright claimant by execution of this
Agreement the specific power of attorney and to act as attorney in fact to execute an assignment or other
documents on behalf of Fabricator or Implementation Artist reasonably necessary to transfer and assign any
copyright accruing to Fabricator or Implementation Artists and the right to register the copyright in Artist's
or copyright claimant's own name. Further, should any rights arise pursuant to the Visual Artists Rights
Amendment to the Copyright Law of the United States, Fabricator and Implementation Artist specifically
waives all rights in the Work specifically for the Work being fabricated and produced for the Site as
intended,which may arise or be conferred by subsection(A)of Section 106A of the United States Copyright
Act, 17USC Section 101,et sec, as provided by Section 106A(e)(1); all rights of copyright in the underlying
work, specifically including, but not limited to, the Artwork Design, maquettes, models, drawing or other
documentation shall remain with the Artist or copyright claimant.
6.3 Reproduction Rights.
In view of the intention that the Work be unique, Implementation Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, except with the express written
permission of City and Artist.
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ARTICLE 8
IMPLEMENTATION ARTIST AS INDEPENDENT CONTRACTOR
Implementation Artist shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of City. Implementation 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
Implementation Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent
superior has no application as between City and Implementation Artist.
ARTICLE 9
INDEMNIFICATION
9.1. General Indemnity.
a. IMPLEMENTATION ARTIST COVENANTS AND AGREES TO 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 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 NEGLIGENT ACT,
ERROR,OR OMMISSION OF IMPLEMENTATION ARTIST AND/OR IMPLEMENTATION
ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND
REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE,
ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT.
b. Implementation Artist agrees to and shall release City from any and all liability for injury, death,
damage, or loss to persons or property sustained by Implementation Artist in connection with or
incidental to performance under this Agreement.
C. Implementation 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.
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ARTICLE 10
EQUAL OPPORTUNITY
a. Implementation Artist shall not discriminate against any employee or applicant for employment
because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial
status, transgender, gender identity, or gender expression. Implementation Artist shall take
affirmative action to ensure that employees are treated equally during employment,without regard to
their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status,
transgender, gender identity, or gender expression. Such action shall include, but not be limited to,
the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of
compensations, and selection for training, including, but not limited to, apprenticeship.
Implementation Artist agrees to post in conspicuous places, available to employees and applications
for employment, notices to be provided by the City setting forth the provision of this
nondiscrimination clause.
b. Implementation Artist shall in all solicitation or advertisements for employment placed on or on
behalf of the Artist, state that all qualified applicants shall receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, national origin, familial status,
transgender,gender identity,or gender expression.
C. Implementation Artist shall furnish all information and reports requested by City, and shall permit
access to its books, records, and accounts for purposes of investigation to ascertain compliance with
such rules and regulations.
d. In the event of Implementation Artist noncompliance with the nondiscrimination clauses of this
Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and
Artist may be debarred from further agreements with the City.
ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Implementation Artist shall comply with all Federal, state and local statutes, ordinances and
regulations applicable to the performance of Artist's services under this Agreement.
11.2. 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.
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 12 of 31/
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
11.3. 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 the
City.
11.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any
subsequent default of any terms,covenants,and conditions of this Agreement. The payment or acceptance of
fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective
performance.
11.5. 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.
11.6. 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.
11.7. 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.
11.8 Severability.
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.
1.1.9. 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
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 13 of 3z
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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.
11.10. 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.
11.11. 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 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 Implementation
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.
11.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
11.13. Rig t to Audit.
Implementation Artist agrees that City will have the right to audit the financial and business records
of Artist that relate to the Work(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, the Artist shall make all Records available to the City at
200 Texas Street, Fort Worth, Texas or at another location in the City acceptable to both parties following
reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit.
Implementation 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 11.13.
11.14. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted
by City under the City's Business Diversity Enterprise Ordinance.
11.15. Survival Provision.
The provisions contained in Articles 4.5 (Incapacity of Implementation Artist), 6 (Ownership and
Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Implementation Artist as an
Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or
expiration of this Agreement.
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 14 of 32,
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
11.16. 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 via email shall be as legally binding for all purposes as an original signature.
11.17. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
14.19. Israel.
Implementation Artist acknowledges that in accordance with Chapter 2270 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 Section 808.001 of the Texas Government Code. By signing this
contract, Implementation 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.
ARTICLE 12
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: Jesus J. Chapa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas St.
Fort Worth,TX 76102
Copies to: Sarah Fullenwider,City Attorney
Office of the City Attorney
200 Texas St., Third Floor
Fort Worth,TX 76102
Martha Peters,Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,TX 76107
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 15 of?5z/
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
2. IMPLEMENTATION ARTIST: Kevin Furry
KiboWorks,Inc.
9580 Oak Valley Parkway
Suite 7-211
Folsom,CA, 95630
IN WITNESS HEREOF,the Parties hereto have executed this Agreement on the Effective Date.
CITY OF FORT WORTH IMPLEMENTATION ARTIST
by: by:
Jesus J.Chapa Kevin Furry
Assistant City Manager KiboWorks,Inc.
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensftringat ance and reporting requirements.
Name: Martha Peters
Title: Director of Public Art
Arts Council of Fort Worth&Tarrant County,Inc.
APPRO(E�AS TO FORM AND LE LITY:
Jessica Sa s
Assistant k Attorney II
Form 1295: not required
AIF TE ED BY:
Q: O
Mary Kayser
City Secretary
OFFICIAL RECORD
No M&C Required CITY SECRETARY
FT.WORTH,TX
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 16 o
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.l8
Exhibit A: Revised Final Design(North End)
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Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 17 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Corson Studios LLC
w ww corsorml can
Hef IP11M/Lamar"FMgW ExeoA"Sirvary
ary
.!77 4N
Insiderattach ed to tunnel:
Total Longhorns 43+4 spares(for long-term maintenance)
Detail Breakdown
39 177 under bMpe
4 121w I"ouP beyond S.end of bridge
4 spares to be kept in storage
Weight:Each 12'longham weighs appmxrnately 35 los.
Spacing of longhorns inside tunnel 6'(a bit closer as tMy fly out)
Distance from ceift to bottom tip of longs ranges from 1.5'ao 4.5'
Color:daylime:frosted wh W ANgt4:AN colors available
Matenol:A robust UV-stable type of I n ul d resmUnt acrylic used in the commercial sign
ndu*Y
Lighting:waterproof LED kghtmg will create patterns will shift so alcrMy.you wiN not see
the color change. However when you come back to the tunnel you YAP we a different
color and pattern. The system is designed for maintenance so that the LED strip can be
easily replaced in 8-10 yrs.
Hours of opersoon:we are expecting tM lighting to tum on at dusk and off at dawn
Additional after installation tests will determine Q we are able to him on the lights esrfier
or run them dung the day. h so.it can be run longer.but mwftnance wiN be more
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 18 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Exhibit A: Revised Final Design(South End)
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 19 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Corson Studios LLC
Unattactled to tunnel(element facing W Lancaster Blvd):
Total Longhorns 26•4 spares ifor long-term maintenances
Detail Breakdown
26 12 ., i identical to the ones under the bridge i
4 spares to be kept in storage
Weight:Each 12 longhorn .:eighs approximately 35 lbs
Spacing of wnghoms approximately 6
Color:Daytime frosted .,tnAe Night All colors available
Material: A robust UV-stable type of impact resistant acrylic used in the commercial sign
industry
Lighting:Waterproof LED lighting :vill create patterns will shift so slo.ay, you :.til not
see the color change Ho..ever r:hen you come back to the tunnel you -Al: see a
different color and pattern The system is designed for maintenance so that the LED
strip can be easily replaced in 6.13 yrs
Hours of operation.Vie are expecting the lighting to tum on at dusk and off at da.yn
Additional after installation tests ::ill determine if o.*are able to turn on the lights earlier
or run them dunng the day. If so. it can be run longer.but maintenance:~rill be more
often(all dependent on lamp hours, This decision rill be made bet..een the City and
the Arts Council
Structure Large poles up to 35 tall:veli support a single support-spine that the
longhorns .dill then attach to. These poles live in the street median and have plantings
around them The poles and support`spine' .-,ill be painted a darn charcoal color that
.vill alto.-,the supports to visually-recede`
•Post construction survey ..ill be done in order to verify as-built dimeriisions. Horn
heights nail conform to the minimum road:lay clearance requirements
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 20 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
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Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 26 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Exhibit B: The Site
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Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 27 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Exhibit C:Budget
FORT WORTH PUBLIC ART PROJECT BUDGET
Please complete On torn and adsc h a sarhed receipt or astimake axnpibla with per unit
costs(no kww carat)for of items desiVnelad with an aslodeM') Cost increases must
also have a written saunas to aCadied.
ARTIST'S FEE
TRAVEL
(For artists who hve mora than 50 collas from Fort Worth)
Akfare
Car Rental
Per Dom Expanses 0 par day
at=per mtle
INSURANCE
AutoMwed Vehicle Liability
General Liability for Art*I Subcontractors
WorkaPs Comp.f EmpioWs Liab*
Other,as appheable
ADIMNISTRATIVE EXPENSES
PhonalFax
DelimiyIShippmV(br owrespondence sanyiles,modals.drawinp etc)
Reprograptac Service
Supp6n
PROFESSIONAL CONSULTANT FEES
(If applicable.dnswrrrq must be signed and seated by a protasional mWelered to practice
in the State of Tena)
Arc that
Stnictimm Engineer
Ebkdrrcal Engineer'
Con»ervafor'
Photographer(for doawnentabon of conVMW work),
Other'
MATERIALS
(Please attach a compkM list of materials itemize all anbapeted aspects and
components with par unit coat estimates)
Materats'Total
FABRICATION COSTS
(Inckide and Items tip porliors of subcontracted work and work 10 be completed by
arum)
Arista Labor(_.hours at S per hour)ToIM
Subcontracted Labor-(Total)
FacigyfE*spment Rental(used exdusively for the project)related to fabrication
SITE PREPARATION
(00 not include costs covered by FWPA,City of Fort Werth or others)
Test DnWmg•
Removal'
Eiednral Moddicalions'
Water Work/MechaNcal Devices
Otfhee
_ ._ . .. ._. ... (Revised Afay 201 1) L 28 r
TRANSPORTATION
tylalerws to FabftMon Sae'
Fkashed Work to lnstalloom 3f ,
Other
SASEfMOUNTING
Base
tdounanp Doom and CanpanaMs
Foundedm*oo"
Other
INSTALLATION COSTS
(Coals must inducts darance for der hours instaMstian,If applicable.Plesse attach a
oomplats Ms1 of equonwrt and m vwlual ashmates wdh this form)
Suboortracted Labor'
ScaRaldnp•
EgWpm4"Rental related to Indole!m'
Of-dLty Polical8apaW
Traffic Brnsre'
Stamp Facility Rental•
CRY permits
Display Devices
F"proaltnp•
S"Restambon•
onwr
LIGHTING
D&*W ers'
F'naures•
sidw
Sate pwpara"..
Insts alkxt•
GRAND TOTAL
Please make ani necessary dole!here:
Prepared a:
Doe:
(Revtaed Mar 2011)
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 29 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Exhibit D: 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 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.
For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation
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.).
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 30 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, 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.
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.
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. If the subcontractor is an international entity and carries insurance through an international insurance
company, then the subcontractor must obtain language on their certificate of insurance confirming that its
insurance policy extends coverage to operations in the United States. All insurers must have a minimum
rating of A-VII in the current A. M.Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of
Risk Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance
for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated,all required insurance shall be written on an"occurrence basis."
The deductible or self-insured retention (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 Between the City of Fort Worth and KiboWorks,Inc., Page 31 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18
Exhibit E: Sales Tax Exemption
�aalrao
er..ar.l
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
Moen RpYVow. a WOP
City of Fwt worth,Texas
Aar*"rJ~A nwmw,PQ Dor or Rosa.,"Owi Te;w UNr uaar rrr euwlrl _
2H Teras 111POW
C4.swu,w cot
FOR Woflth,T=M 76102
I,so purdownanfed above,claim a,waerfrptlon ffom pyrment of sales and use ares(tor Ow p a0vm of tannble
Nems described bob*or on the alatrled order or awoce)from,
Saner:AN t1d Ment
Send addrss• ft am ZIP txtlsa _
Dewr"on of tto b be pddtfwd a an Ins aaUdred order or rwace:
AN lhnrs extol motor vehicWs n hated below
Por raxcr clams I*"elremoaan lar ale bHaabq""am
Municipality.Governmental Entity
1 understand Ihd r will be 466 ler oyr0 ofall rkah and local w4s or use taxis we""to<nr a due far(ekesto coelely woo
en provalarre dthe Ta.Coda anayler ap appicable law.
rtllfbVdMdR1/fRelAaMrrktMt>11111ptae 1*008nexerviloncsrslk+I to Ow sef rbrillsaaW Rwm RW Ibbow,offrte Wwofpordraw,
ante uaW Na nlatMerofharMNnflWf atlptellwdtl Rea ryrlacalk Artddaparrdetpm RM amerartdlwr w�rla4 Rte c1Yrw IMrAallp/
berm A Cow c nWmkMaarwr ro a latrpr dh aacaed dearsA
'h Ign
Fawn"QpeceerCM Aarttlary 3 2Qt7
NOTE This ceNM1aate cernrA be issued for M purdlew.lases,or rental of a now vahlow,
"*S CERTIFICA rE DOES NOT REOIl W A NUM"TIO BE VALID,
Setas and Use Tax*Exonortlon tpxnbeW or'Tar eaW Numbae ds rat mW.
ThM WOMA Vw Ad be ftanld>ed b er supple Do not send Ow ooetl,10-oerftde to tlr Corrptroear of Pubic Aoowrrla
Agreement Between the City of Fort Worth and KiboWorks,Inc., Page 32 of 32
For Public Art Prototypes for the Hemphill Lamar Connector Execution Copy 3.30.18