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HomeMy WebLinkAboutContract 44597CITY SECRET� � � � � CONTRA►�T �C�. � � _.. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SEDRICK HUCKABY FOR PRELIMINARY DESIGN OF PUBLIC ART FOR STOP SIX TRIANGLE This Agreement is entered into this ���� day of �,� �,t ��� 1+�- , 2013, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly autho�•ized Assistant City Manager, and Sedrick Huckaby, an individual, residing at 1552 Roma Lane, Fort Worth, Texas 76134. 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 envit�onment for Fort Wot•th residents, to commemorate the City's rich cultural and ethnic divet•sity, to integrate the design work of ai�tists 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, public art funding for the traffic triangle at the intersection of Ramey and Stalcup was included in the Public Art Plan for the 2007 Critical Capital Needs Program, adopted by the Fort Worth City Council on October 26, 2010 (M&C G-17095); WHEREAS, Fort Worth Public Art held a Stop Six Community Public Art Workshop ("Workshop") from September 30 — October 1, 2011, in order to develop public art concepts that would reveal the rich histo�y of the Stop Six Community and create a public gathering space for the Site; WHEREAS, Artist, along with other artists and art teachers from Dunbar 6`�' Grade Middle School, Dunbar Middle School and Dunbar High School participated in the Workshop and developed rough concepts for the Site; WHEREAS, through a series of subsequent community input meetings, Artist's concept for the Site was preferred; Agreement Between the City of Fort Worth and Sedrick Huckaby for Preliminary Design of Public A►�t for the Stop Six T�•iangle RECEIVED ��►� 2� ���� c�FFICIAB. RE��f�� �A,r,� ���r���,���1 of 27 ' �� ii�����g �� WHEREAS, on November 12, 2012, the Fort Worth At•t Commission ("FWAC") recommended that Artist's concept for the Site be further developed and, that another Workshop actist John Yancey develop a Mural Plan for the exterior walls of adjacent comtnercial buildings and the Dunbar Middle Schooi that would complement Al�tist's concept for the Site; WHEREAS, this Project was included in the Foi•t Worth Public Art Fiscal Year 2013 Annual Work Plan and Budget, adopted by the Foi�t Worth City Council on October 16, 2012 (M&C C-25920) as part of the City's agreement with the Contract Manager for administration of the public art program; WHEREAS, City and Artist wish to set out the terms and conditions undei� which said Work shall be designed to promote the integrity of Actist's ideas and stateme�rts as represeuted by the Work. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinaftej• set foi•th, the sufficiency of which is hei•eby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used iri this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City of Fort Wor•th and Sedrick Huckaby foi• Preliminary Design of public art for the Site. 1.2. Artist — Means and includes Sedrick Huckaby and/or his heirs, executot•s, administrators, legal representatives, successors, agents, subartists, contractors and assigns. 1.3 Artworic Design — Means and includes both the Conceptual Design and Preliminaly Design of the Work, which are defined in 1.3.a. and 13.b. below. 1.3.a. Conceptual Design — Means all conceptual drawings, sketches, prototypes, tnaquettes, models, narrative descriptions, budget estimates, and the like cj•eated by Ai•tist in connection with this Agreement, the Workshop, and/or any prior agceement for the Work between the Artist and the City or for which the City was a third-pa1•ty beneficiat•y, including, but not limited to, the design concepts attached hereto as Exhibit "A," which are incorporated herein by reference. Agreement Between tlie City of Fort Worth and Sedj•ick Huckaby Page 2 of 27 for Preliminaiy Design of Public A►t for the Stop Six Triangle 1.3.b. Preliminary Design — Means all preliminary drawings, sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement. 1.4. Contract Manager — Means and includes the Arts Council of Fort Wo��th and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations, assigns, predecessois, stockholders, administrators, and related companies. 1.5. City — Means and includes the City of Foi�t Woi�th, Texas and its officers, representatives, agents, servants, and employees. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement, which shall be the offcial date of execution of this Agreement. 1.7. Parties — Means and includes City and Artist. 1.8. Preliminary Design Deliverables — Means and includes those items set forth in Article 2.3 of this Agreement that Ai�tist is required to submit to City for its review and approval. 1.9. Project — Means and includes the capital improvement or public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.10. Project Stalceholders — Means and includes the appcopriate City Council Member(s), and their appointed community representatives and the Fort Wocth Art Commission's appointed representative and others as may be appropriate. 1.12. Site — Means and includes the traffic triangle located at the corner of Ramey and Stalcup, which is more pat�ticularly described in Exhibit "B," attached hereto and incorporated herein by reference for all purposes. 1.13. Worlc — Means and includes the finished object(s) of art and design that are the subject of this Agreement, or any intermediaty stage of completion of such work. Agreement Between the City of Fort Worth and Sedrick Huckaby Page 3 of 27 for Preliminary Design of Public Art for the Stop Six Triangle ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and wiil furnish all supplies, materials, and equipment as necessaiy for developing a Preliminary Design of the Work and for providing the Preliminacy Design Deliverables. Services shall be perforrned in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall detef•mine the a��tistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Pi•oject Stakeholders and appf•oval by City as set fot�th in this Agreement. a The location at the Siie where the Work shall be installed shall be mutually agreed upon by City aud Artist. d. A��tist shall i•eseacch tlie feasibility of incorpoyating an intei•active, electronic component to the Project and identify an artist or consultant to participate in final design. e. Artist, upon request of Contract Manager, shall provide inforination and/or attend meetings with appropriate City staff for purposes of risk assessment, safety 1•eview, sighting of the Work, and pej�mitting. f. Artist shall eYplore concepts for the Work, within the p�•eliminary implementation budget set forth in Ai�ticle 2.3. g. Artist shall meet and coordillate with City staff and others, as necessary, to explore the feasibility of integrating the Work into the Site in ierms of structural support, lighting, electricity, or other infrastructure needs to suppoct the Work and to avoid existing easements. h. Actist shall present the Preliminaty Design to Project Stakeholders and the appropriate City staff at dates and times mutually agceed upon and other City boards or commissions, as appropt•iate, for input and to the FWAC for r•eview and subsequent approval detertnination at regularly scheduled meetings. Agreement Between the City of Fort Wo�rth and Sedrick Huckaby Page 4 of 27 for Preliminary Design of Public Art for the Stop Six Triangle i. Artist shall provide input to artist John Yancey on the mural plan being created for walls on adjacent commercial buildings and the Dunbar Middle School. 2.2. City Assistance. Upon request by Artist, City shall promptly fucnish all information and matecials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide cot•rect scaled drawings of the Site, if available. 2.3. Preliminary Desi�n Deliverables a. Within three (3) months after the Effective Date, Artist shail provide services and all supplies, materials, and equipment necessaiy to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Pi•eliminaiy Design Deliverables shall consist of the following: i. Two preluninary design illustrations showing the proposed Work fi•om two vantage points, including a plan view, which shall be at least 20" x 30" and mounted on foam core and/or in a high resolution digital format such as JPEG or TIF files. ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements. iii. Installation diagram, including approximate weight of the Work, proposed base, footing, or attachment tnethod(s) and, if applicable, location(s) for any electrical outlets and lighting fixtures. iv. A preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for impletnentation of a final design of the Work in an amount not exceed $124,281.00, which includes all costs for materials, labor, fabrication, deliveiy, installation, insurance, tcansportation, remaining ArtisYs fee, and all other associated costs for the Work, including, but not limited to, lighting. v. Material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site, as appropriate. Agreement Between the City of Fort Worth and Sedrick Huckaby Page 5 of 27 for Preliminary Design of Public Art for the Stop Six Triangle 2.4. Preliminary Desi�n Review. a. Upon completion of the Preliminacy Design Deliverables, Artist shall present the Prelitninary Design to the FWAC for t•eview and input at a regulat•ly scheduled FWAC meeting. b. After presenting to the FWAC for initial input, Artist shall meet with the designated Project Stakeholdeis, City staff, and other City boards or commissions, as appropriate, to present the Preliminaiy Design, at a date and time mutually agreed upon, for input. c. Artist shall then present the Pr•eliminaiy Design to the FWAC for approval at a regularly scheduled FWAC meeting. d. City shall notify Ai•tist of its approval, or disapproval, of the Preliminaly Design witllin tllirty (30) business days of the FWAC's determination. e. If City disapproves of the Preli�ninaly Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminaiy Design. City may requice Artist to make such revisions to the Preliminaiy Design as City deems necessaiy in its sole disct•etion and/oi• for the Woi•lc to comply with applicable statutes, ordinances, or regulations of any governmental regulatoiy agency having jurisdiction over the Site for reasons of safety and secw•ity. £ Ai�tist shall have thirty (30) calendac days fi•om the date City informed Artist of tlie revision(s) to present the revised Preliminaty Design in conformance with City's requicements. g. If City disapproves of the resubmitted Preliminary Design, any further Prelimina�y Design resubmissions will be by mutual agt•ee�neut of the Parties and subject to tlle proceduces and terms in this A�•ticle. If the Pai•ties desit�e not to continue with the resubmission process, then this Agi•eement will automatically tecminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) h. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminaiy Design shall become part of the Prelimina�•y Design. Artist shall incorporate auy City-appcoved revisions into the final design in conformance with City's requirements. Any revisions shall become pat•t of any final design deliverables if the Artist proceeds to the final design phase. Aj•tist shall Agreement Between the City of Fort Worth and Sedrick Huckaby Page 6 of 27 for Prelimina�y Design of Public At�t for the Stop Six Triangle provide the Preliminary Design presentation materials to the Contract Manager to become pact of the City of Fort Wo��th Public Ai�t archive owned by City. These documents, models, and/or drawings wili be retained fol• archival and exhibition purposes. i. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminaiy Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for final design or final design and commission for fabrication, delivery, and installation of the Work shall commence, which shall become part of the deliverable under any anticipated final design or final design/artwork commission contract. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00), which shall constitute full compensation for any and all costs associated with the Agreement, including services performed and materials fucnished by Artist under this Agreement. Aj•tist and City may amend this Agreement to allow for additional payment if additional seivices are required. 3.2. Pavment Schedule a. City agrees to pay Ai�tist in the following installments set forth below, each installment to �•epresent full and final, non-refundable payment for all services and materials provided prioc to the due date thereof: i. Two Thousand Dollars and No Cents ($2,000.00� upon execution of this Agreement. ii. Four Thousand Dollars and No Cents ($4,000.00) within thi►•ty (30) calendar days after At�tist submits all of the Preliminary Design Deliverables required undej• Ai•ticle 2.3 of this Agreement and makes a presentation(s) of the Preliminary Design to the FWAC for approval. iii. Two Thousand Dollar and No Cents ($2,000.00� within thirty (30) calendar days after City's approval of the Pj•eliminaly Design. Agreement Between the City of Fort Woi•th and Sedrick Huckaby Page 7 of 27 for Preliminary Design of Public Art for the Stop Six Triangle 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 P1•oject. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same fot•m as that attached hereto as Exhibit "D" for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Ex ep nses• Artist shall be responsible for the payments of all expenses incut•red during the performance of this Agreement, including, but not limited to, services, mater•ials, mailing/shipping chai•ges and insurance on submissions to City and/or Contract Managet•, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessaiy for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Tei•m This Agreement shall be in effect fi�om the Effective Date and, unless terminated earlier pursuant to such p1•ovisions in this Agreement, shall extend until final payment to AI•tist by City. 4.2. Gratuities City may cancel this Agt•eement if it is found that gratuities in the form of entei•tainment, gifts, or otherwise were offered or given by A�•tist ol• any agent oi• i•epresentative to any City or Conti•act Manager official oc employee with a view toward securing favorable treatment with respect to the awacding, atnending, or making of any detei•minations with i•espect to this perfo►•mance of this Agceement. 4.3. Termination for Cause If either party to this Agreeme�lt 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 Pai•ties shall first attempt to resolve any disputes arising from this Ai•ticle 43 i�1 accordance with the dispute resolution process set forth in Ai�ticle 5. If the Parties cannot r•esolve the dispute(s), then the disputing pa�-ty shall thet•eupon have the right to terminate this Agreement upon the deliveiy of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agt•eement under this Agt•eement Between the City of Fort Worth and Sedrick Huckaby Page 8 of 27 for Prelimina�•y Design of Public Art for the Stop Six Triangle provision shall not relieve the pacty in default of any liability fo�• 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. b. If the termination is for the convenience of City, City sl�all pay Artist for services actually j•endered up to the effective date of termination, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished df•awings, sketches, photog►•aphs, models, and designs, up 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 Artist, City shall have the j•ight, in its sole discretion, to pay Artist for services actually rendered up to the effective date of termination or require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of te►•mination. If City chooses to pay Artist for services actually rendered, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photog�•aphs, models, and designs, up to the effective date of tej•mination shall become property of City. d. If termination is by mutual agreement of the Pat•ties as set forth in Article 2.4, then City shall pay Actist for work pecformed per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, includitlg, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination Agreement Between the City of Fort Wocth and Sedrick Huckaby Page 9 of 27 for Prelimina�y Design of Public A�t for the Stop Six Triangle 4.5. Incapacity of Artist a. In the event of Ai�tist's death or At�tist becoming physically oi• legally incapacitated during the term of this Agceement, City shall have the right to tei•minate this Agreement on payme►Zt to Artist or Actist's successocs for all work and seivices performed prior to deatl� or incapacity. All wo�•k product produced by Artist, including, but not lilnited to, finished and �ulfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. b. Should Artist's Pi•eliminaly Design have been approved, Ill the event of tej•mi�lation under tllis Article 4.5, City sl�all have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended cesults and proper credit and acknowledge�nent shall be given to Artist. Tl�is pi•ovision shall sw•vive tl�e tei•inination oi• expication of tllis Agceement. ARTICLE 5 DISPUTE RESOLUTION If either Ai•tist or City has a claim, dispute, or other mattec in question for bi•each of duty, obligations, sei•vices rendered or any warranty tl�at arises under this Agi•eelnent, the Pai�ties shall fi�st attempt to resolve these issues thcough this dispute resolution process. The disputing pacty shall I�otify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The ��otice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of �•eceipt of tl�e notice, both parties sl�all �nalce a good faith effort, either througl� 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 comlection witl� this Agreement. If the Parties fail to resolve flie dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may subinit the matter to non-binding mediation upon written consent of the authorized representatives of both pai�ties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chaptet• 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing, and shall request that the inediation commence not less than fifteen (15) or more than forty-five (45) Agreetnent Between the City of Fort Worth and Sedrick Huckaby Page 10 of 27 for Preliminaiy Design of Public Art for tl�e Stop Six Triangle 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 Tai•j•ant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agceement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Ag►•eement cotlstitutes consent to sue. If the Pat�ties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law i•egarding the dispute. (See Article 43) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1 General a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Artwork Design, Work, and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and Work. By execution of this Agreement, Actist grants to the City an exclusive, perpetual, royalty fi•ee, and i►•j•evocable license to gcaphically depict or display the Artwork Design and Work for any non- commercial purpose whatsoever. Foc purposes of this limitation, any graphic depiction or display of the Artwork Design and Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to otheis to do so except with the express written pej•mission of City. However, nothing Agreement Between the City of Fort Worth and Sed�•icic Hucicaby Page 11 of 27 for Pi•eliminary Design of Public A►�t for the Stop Six Triangle herein shall prevent Artist from creating future artworks in Artist's manner and style of actistic expj•ession. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Artwot•k Design and Work, except as those ►•ights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two- dimensional t�epr•oductions of the Ai•twork Design and Woi•k and accompanying materials for any municipal purpose. All rept�oductions by the City shall contain a credit to the Af•tist and a copycight notice substantially in the following form: "�O date, ArtisYs name." d. Nothing in tl�is Agreement shall prevent the Artist from using images of the Actwork Design and Work for marketing and promotional pucposes ii1 connection with the Artist's business. e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist 6.2 Artist's Address. Ai•tist shall notify City of changes in Artist's address as set foi•th in Acticle 12. The failure to do so, if such failure prevenYs City fi•om locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters acise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and Wock shall be the o1•iginal pi•oduct of the AI•tist's sole creative effoi•ts. ii. Artwork Design and Woj•k is and will be unique and original, and does not infi•inge upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and Wor•k or any copyright related thereto that may affect or impair the rights granted pursuant to this Agceement; Agreement Between the City of Fort Worth and Sedi•ick Huckaby Page 12 of 27 for Preliminaly Design of Public Art for the Stop Six Triangle iv. Artwork Design and Work (or duplicate thereo� have not been accepted for sale elsewhere; v. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All secvices performed hereunder shall be perfocmed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessaiy care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereundei• 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 perfoi•med hereunder, and all persons perfo�•ming 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 pai�tnership or joint venture between City and Artist, his/her officers, agents, employees and subcontracto�•s, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. GeneralIndemnitv a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, Agreement Between the City of Fort Worth and Sedrick Huckaby Page 13 of 27 for Preli►nina�y Design of Public Ai�t fo►• the Stop Six Triangle PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATT�MPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall celease City fi•om any and all liability for injucy, death, damage, or loss to peisons or property sustained or caused by Artist in conuection with oc incidental to performance under this Agceement. c. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favol� of City in substantially the same focm as above. 9.2. Intellectual PropertX Artist agrees to assume full responsibility for coinplying with all State and Fedecal Copyi•ight Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities fo�• paying royalties that are due for the use of other thif•d pacty copyrighted works by Artist. City e,cpressly assumes no obligations, implied or otherwise, regai•ding 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 Ai•tist without the appropriate licenses or permission being sec�u�ed 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 COPYRIGIiT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City eYpressly assumes no obligation to j•eview or obtain app►•opj•iate licensing and all such licensing shall be the exclusive obligation of Artist. 9.3. Survival All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. Agceement Between the City of Fort Worth and Sedricic Hucl<aby Page 14 of 27 for Preliminary Design of Public Art for the Stop Six Triangle ARTICLE 10 EQUAL OPPORTUNITY a. Artist shall not engage in any uniawful discrimination based on race, creed, color, national origin, sex, age, reiigion, disability, marital status, citizenship status, sexual orientation or any other p�•ohibited c►•ite�•ia in any employment decisions relating to this Agreement, and Artist cepresents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall cotnply 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 Agceement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance A�•tist shall comply with all Federal, state, and Iocal statutes, ordinances, and regulations applicable to the perfot•mance 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 othej• agreements and understandings, oral or w►•itten, with refe��ence to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments No alteration, change, modification, or amendment of the tecros of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 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 te�•ms, covenants, and conditions of this Agceement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any rigl�t or acceptance of defective pei•formance. Agceement Between the City of Fort Worth and Sedrick Huckaby Page 15 of 27 fo�• Preliminary Design of Public A►�t for the Stop Six Triangle 11.5. Governin�; Law and Venue If any action, whethei• real or asserted, at law oj• in equity, arises on the basis of any provision of this Agceement, venue for such action shall lie in state courts located in Taj•rant County, Texas or the United States Distcict Coui•t for the Northei•n Disti•ict of Texas — Fort Worth Division. This Agreeinent 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 intef•est herein without prior written consent of the other party, and any attempted assigmnent, sublease, or transfer of all or any part hereof without sucl� 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 successois and permitted assigns. 11.7. No Third-Partv Beneficiacies The pi•ovisions and conditions of this Agreement a�•e solely fol• tlle benefit of City and Actist, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person o�• entity. 11.8 Seve►•abilitv If a�ry pi•ovision of this Agreement shall be l�eld to be i��valid, illegal, o�• unenfocceable, 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 expi•essly understood and ag►•eed by the Pai•ties to this Agreement that, if tl�e perfoi•�nance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, o�• interferences; fires; stcikes; lockouts, national disasters; riots; mater•ial or labor� cest►•ictions; tt•ansportatio�� problems; or any othei• circumstances which ace i•easonably beyond the control of the party obligated oc 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 fi•om doing oi• pei•foi•tning tlle same ducing such period of delay, so Agreement Between tlle City of Foct Worth and Sedcicic Huckaby Page 16 of 27 for Preliminary Design of Public A��t for the Stop Six Triangle 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 Constcuction 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 tlle effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or ai�y ainendments or exhibits hereto. 11.11. Fiscal Fundin� Out If, for any reason, at any time during any term of this Agceement, the Fot•t Worth City Council fails to appj•opriate funds sufficient for the City to fulfill its obligations undei• this Agreement, the City tnay 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 daYe for which funding l�as been app�•opriated by the Fort Worth City Council for the pu►•poses set forth in this Agree►nent. 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 Ri�ht to Audit Artist agrees that City will have the j•ight to audit the fina►lcial and business records of Artist that relate to the Work (collectively "Records") at any time during the Tecm of this Agreement and for three (3) years tllereafter in oj•de�� to dete�•mine compliance with this Agree�nent. Thcoughout the Tet•m of this Agreemetlt and for th►•ee (3) years thereafter, the Artist shall make all Records available to the City at 1000 Throckmoj•ton St�•eet, Foi•t Wortll, Texas or at another location in the City acceptable to botli parties following reasonable advance notice by the City and shall otl�erwise coopei•ate fully with the City during any audit. Notwithstanding auything to the contca�y herein, this Article shall sut•vive expiration or earlier tecmination of this Agreement. Agreement Between the City of Fort Worth and Sedrick Huckaby Page 17 of 27 for Preliminary Design of Public A��t for the Stop Six Triangle 11.14. CerYified MBE/WBE. If applicable, Artist is encouraged to 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 the City under the City's Business Dive1•sity Enterprise Ordinance. 11.15 Survival Provision The provisions contained in Aj•ticles 6(Ownership and Intellectual Property Rights), 7(War�•anties of Title and Copyright), 8(Ai•tist as an Independent Contractor), and 9(Indemnification) shall sui•vive the termination or expiration of this Agreement. 1 1.16 Public Informatiou Act Artist understands and acicnowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City ai•e subject to disclosuj•e under Chapter 552 of the Texas Govei•nment Code. A►•tist shall cleacly indicate to City what information it deems proprietaty. If City is f•equired to disclose any documents that may reveal any of Actist's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a couct of competent jui•isdiction, City will notify Artist prior to disclosul•e of such documents, and give At•tist the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Artist's iuformation to those persons within its organization who have a need to know for pucposes of management of this Agceement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and p►•ocedures that will prevent atly unauthol•ized disclosut•e or ti•ansfer of information. City will use its best efforts to secure and proteci Artist's information in the same �nanner and to the same degcee it p�•otects its own proprietary information; however, City does not gttarantee that any information deemed proprieta�y by Artist will be protected fi�om public disclosure if release is �•equired by law. The foregoing obligation cegarding confidentiality shall remain in effect for a period of tl�ree (3) years after the eXpiration of this Agreement. 1 1.17 Counterparts atid Elech�onic Si nag tures Agreement Between the City of Fort Woi•th and Sedrick Huckaby Page 18 of 27 for Preliminaiy Design of Public A►�t for the Stop Six Triangle This Agreement may be executed in several counterparts, each of wluch will be deemed an original, but aII of which together will consdtute one and the same instrument. A signature received via facsimile or electronically via email shatI be as Iegally binding for all purposes as an original signature. 11.18. Time Eactensions The Parties may agree, in writing, to e�ctend or maiify any of the time deadlines set forth in this Ageement. ARTICLB 12 I�O`�TCES All notices, requests, demands, and other communicarions 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 thereo� as the case may be, if delivered personally or sent by registereti or certified mail, return receipt reciuested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager's (3t�ice �ity of Fort Worth 1000 Throckmorto� Street, Third Floor Fort �orth, Texas 761�2 Copies to: Sarah Futtenwider, City Attorney �ffice of the City Attonney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Marti�a Peters, Vice President - Public Art Arts Council of Fort Worth & Tarrant County 1300 �iendy Street Fort Worth, Teac�s ?610'I ARTIST Sedrick Huckaby 1552 Roma Lane Fort Worth, TX 76134 IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY UF F(1RT WORTH ARTIST � , �% .�'` by: Fernando Costa 'ck Hucka� Assistant City Manager ` Agreement �etween the City of �ort Worth and Sedrick Huckaby Page 19 of 27 for Preliminaty Design of Public Art fot the Stop Six Tri�ngle This Agt•eement 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. 11.18. Time Extensions The Parties inay agree, in writing, to extend or modify any of the time deadlines set forth in this 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 deliveiy or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Copies to: Sarah Fullenwider, City Attorney Office of the City Attoiney City of Fort Worth 1000 Throckmorton Street, Third Flooi• 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 Sedrick Huckaby 1552 Roma Lane Fort Woi�th, TX 76134 IN WITNESS HEREOF, the Parties hereto have executed this Agi•eement as of the Effective Date. CITY OF FORT WORTH ARTIST by: �rt.---. Fernando Costa Sedricl< Huckaby Assistant City Manager Agreement Between the City of Fort Worth and Sedrick Huckaby Page 19 of 27 for Preliminaiy Design of Public Art for the Stop Six Triangle APPROVED AS TO FORM AND LEGALITY: i ' � �,,� Tyie� F W � Assistant City Attorney ATTESTED BY: Mary J. Kaj�e City Secretary Contract Authorization: M&C — No M&C Required � :.�.�u. ,., ,,, i� ��� � �, O�FICIAL RE�O�� cr� ������°��x �n �� ��k���� ��� Agreement Between the City of Fo�rt Worth and Sedrick Huckaby Page 20 0�__ for Preliminary Design of Public Art for the Stop Six Triangle � Exhibit A: Conceptual Design Agreement Between the City of Fort Worth and Sedrick Huckaby Page 21 of 27 for Preliminaiy Design of Public Act for the Stop Six Triangle Agreement Between the City of Fort Worth aud Sedrick Hucl<aby Page 22 of 27 for Preliminary Design of Public Art for the Stop Six Triangle Exhibit B: Site ������� -----, - ;, �, ��_ . � � ��_ - _ _ Agreement Between the City of Fort Worth and Sedrick Huckaby Page 23 of 27 foc Preliminary Design of Public Act for the Stop Six Triangle , � �� ��"'�' 6 7 8 9 10 12 �.= _ . ' . ,� � � • � 11 � �� — T � � :��►� - — — �.::� . . . � . � ,. .. �:: :r,b :. `' Is+.�t xw1aM��en¢•� '� _ . �p.Vf I�IJ�I�I�' , �� � ` � � + ti � � ` � 1 i r _ � 4` �' l _ ��S � . � Y � � `, �� � � s t . :1 rn , , . �. ` ��, `;�:. M' . � j , � , i � —' r'y. �� � ` � s �'� ti r� �yi!' �,,,,, _2.= '�t1c r]L�f�t�f�^�+f„a� � � J 1 ,, ; � .� - � i '�Q � � �. I ,,, � �Et7THi.�fJY:F11 ST � . ��1 � ��r- .. r 1 Agreement Between the City of Fort Worth and Sedrick Hucicaby Page 24 of 27 for Preliminary Design of Public Art for the Stop Six Triangle FORT IMORTH PUBLIC ART PROJECT BUDGE7 Piease complete fhis torm and attach a signed ireceipt or estimate complete with per unii costs {no lump sums) for all items desig�ated wiih an asterisk('). Cost increases must also have a writte� estimate attached. ARTIST'S FEE TRAVEL (For ariists who live more than 5p miles trom Fort Worth) INSURANCE ADMINISTRATIVE EXPENSES Airfare Car Rental Per Diem Expenses at 5_ per day Mileage at $___ per mile AutolHired Vehicle Liability Generai Liability tor Artist ! Subconiraciors Worker's Comp. I Empioyer's Liabiliiy Oiher, as appiicable PhonelFax DeliverylShipping (for correspondence, samples, models, drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable, drawing must be signed and sealed by a professional registered to practice in The State of Texas) Architect" Struct�ral Engineer' Electrical Engineer' Conservator" Photographer {for documentation ot completed work)` Other' MATERIALS (Piease attach a compiete Iisl of materiais. itemize all anticipated aspects and components with per unit cost esiimates) Materiais' Totai FABRICATION COSTS {Include and itemize ali poriions of subcontracted work and work to be completed by artisi. ) ArtisCs Labor (_ hours at $_ per hour) Totai SubcoNracted Labor' (Total) Facility/Equipment Rental (used exclusively (or this projecQ related to fabrication SITE PREPARATION (Do not inciude costs covered by FWPA, City of Fort Worlh or others) Test Drilling' Removal' La�dscapinglirrigation` Electrical ModificaGons" Water WorklMechanical Devices Other• (Revised May 2019) Agreement Between the City of Fort Worth and Sedrick Hucl<aby Page 25 of 27 for Pceliminary Design of Public Art for the Stop Six Triangle Yv" a�=r W n� 4:�=,h�ani��l C�v k, rs +'qF��' � y_�t htiae�,� >: Fi,:��e�ti�i In�;raa� ira �._�,1 `��It� Fa�K,Hi i11��i'� �2 R1,°�ilM� li� Fuhiia TRA td�f�eRTdTI�sN M1a�1.��1�1� �n F<yb� 4 �i+1w* "�I[ t' Fvo�ha,J W c+�k w; trnthllatiAwa �ita' CrthaY a..«��i hr+��� �; R��ajw a�d7 hr.�a�.�� ��c�t Trae���,.-.ytaHcn a� i�t,�rth� f�a Fu��ua �ASE t�t�UNTIN[+ Rase hAar�r�ln� C�ovb..�,: an I 1.��mr'�n�nt� F+> u n el �i I k�rti' f �_ct I n � iHhar i:�cat Im,rec�cz€a. Fro�ecl�i �r wa�sa in af,u M_�urn�3 F��.;�in� a21�h.nlhs iia firnn.� IN�TALLA71�sN �:i1�T� �G�t€ nru,t include a��arr:e t� � aRer Iti_�ure �ascallatisn, ����:�Ibakde �P!?a�a ati�+� a a,�iq:•I�ae 1��R ni ��-��u�m�nt An�i iro�i�luel c€tu��t.�s�+vB15 ���s h,rm} : a th;-cvr h w� d.�J i� �-�' �r.c�l4i�l ln�• Equ{:nnez� Rairal �r�aa��i ta inW��ati;n• C!f(-rii�y P.�Ilr.a',�:�.-.u�ity• T�rrllln ��.��ia��' 5t�ru�e Faclliry fi:,ntil' Cirl� P�emits [�I•,pl�y i�rb;�� �I� �a{.a�c.. +t I�'w:j' . . 3ita R�h�atk,n' ntivv�` C�:�t Ir�F���� r P»�o.;t�l hrr�a� in �:�-�� trr�tm,llallun x2 hlcnlh� 1ra furur.? LIC'�HTiN� C��fi��rs' Fi.t�n,��' EuILa' 58a Pr�arask �n• In�aa����n' Uu�11r�7�'ai��Y Rri���i�J Iry ���O.P (h (=�1 �,1�171IIh� 9�' Mfizlil�tk ln'�u40� GRAM� T�TAL i In���din� pi�a�ceecl c�st �nc�aa��e, if �> Plaus� ir�k� eny i��+:��snry n�s�s hat�+: PrBp�lcu�y. --------____-- -- --_ �iite; Agreement Between the City of Fort Woi•th and Sedricl< Huckaby Page 26 of 27 for Preliminary Design of Public Art for the Stop Six Triangle �xhibit D: Sales Tax Exemption rt:x.a� c:�:�i ���E�c�,��rt� o�� i�:x�;,����rrc�� I �I,u��� .tst r�ci���itn�=z� 1�ii,Ei3 �r��ts3:�r�ti ��i �alt`< <a>a1 ��a�� t.�tic�� t.,� tli,� ��ua�h;s-,i- iRl��r.,� �3��r €gE ii�. ��a-4�'t�i+�-�3 i��l<i�a F=i vt� tr��' ,�!'�t{i�ti �.�=d�i � r �n+�e,i<<c. � , E�s�.r��t�i�n cst tint_s jnr ��a �i[d3�aaxil t*ru<�t� or I€ati��iic�) 7�� f3 e'utct�;�5ti:il: I e��s��;t ihi4,=.cm�xi�,�r I�r� tlic i+�ilt„tioits z�.i�,��i� ��Qkk7c s�l I'tc�t7�it i354`.�t11t,�tNqY� �. � �� C��' �'�[�� ��'�(ji� ���r, � ES4r�,�tr Tr:x��4 �;�t,�;� ,��t� ust� i t�x ����:�t�+11`[- �+�r�tBE[�t �-75-�t►rH►�3t3-� F'ra�jE<� firr �cisi��15 ir�; t��i,,i=. :�nat d€,�tpig���ti ,sre �iu�rfii���i: ----- _. t urtJ� s.t�u'uf a13;,� 1 v��il �+r ��al�lc #,�r ��a�.r ar€�I ��i �»tile� s.� ;, t��srcls i�tx� lrc�c�,a�'�e d��� 9;�r E=�rl:tr� t�� �ri�€x.�S1y ierih t�:� ��r�,4s�;�ianx �*E�tio-r �tai� ��C��, aut�f �e5r mctrar�islki.�rt C��t-aaii uu�$��,rity �ale.v ,:�rai us� t�x la.+�s tu�d c�7rn�ia3€,Ilt�r rc;Pes rrg�ar<,iin�+�wc�ii�t pttr�hu�;tx- t-i,ahitrt}' ki�e a�ai: 1,�� s3�di Ekr del�rsarn�<� ��y° Ihex �srici g��iaJ e4�t llt+,` Es�xtal�lr �6citt� p�sidh,s�c�I r�e �i�t= €`Ei3� m�i,k�a-! ��riE.�l 4'�si�u itit CF�c �aa.�i;�9 �ti1 Itz�stc tis��. t�.iilcik€�i�anG3 n�rat �s s� ;, tni�:t3a�s7�a�i>r ia �ve.1.,� cxi:�Y�;sir5rt ���tiii�`zsEt't�� ttte ��ilca ta�t i,��.�i:k�' �&�=11t5 se��stc�s 9�t1us�. �i €�,e ai�nr e�f ihe �u€ch.v,�, i��el! 1� us�3 i�1 u nx�nner �ail�eyr €9r.iat tt�aE es�scd ir� tliic ��iifa�-.;ra, ,srad� t:�rii7 cnr�c�is`Ii+E�a, rs�uy� i� ta:� t�� t4= S 5i��r �•� ir6�Cen�t,. �..�� Fx,���tl�t ��utu� U�ct:a F3csn�,a tr���:ss�rmrntaE 1 ntiig s��������.,�x„� c�rt��� c�a� ��i����r ������r��, r��x,ti� �trcet:�:�ctit-.-:. 101){� T11FtC1Ch.�tt>RIt)'ti STRL'E7 �".8t '�€��r,, ls� t''a,c��� f OR1� �1`CfRTIT. � F:XAS ?GIi�2 '�i �n 1#:sr�. � r<�y� < �� [)as�• J��rx� 1 Q.'Cu."� 1'I��,rkti� ;;! '-3'A?-�5�n � �� ` — — --- _ _--- -- :- a! `.�'*�aFtm_...1�r r.c .t 2.r<� ! ��SeS ti�'F1111C,fEd ti�UE^s ��t� 4CY3iiiEC 1 Ftilfikht4` iil%f t�3�il�_ 4.#(l'y iili� Ll:�?' €3X ��� h�lil�b?S,'q1 iz4tEta�'YCttw� ,_'�f •,Cd"� c�rnEp€�� nnF ��r€k �irt �n7� c�;�i. tY�is c�eaitis �•,hu���3 bi ta�risl�e<9 ¢�� the �up�,Ss<-� fk+ nait �rr�3 t3Er �, nn��#ti�c�t : �-�ilic;sff� tu th� (���,¢�fl���r;,ll4�i .�i I'ia�+lo-. 1r��*;�nlv Agreement Between the City of Fort Worth and Sedrick Hucl<aby Page 27 of 27 for Preliminary Design of Public A��t for the Stop Six Triangle