HomeMy WebLinkAboutContract 42450 ciTr SECRETARY
CONTRACT MO.
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND TOMMY FITZPATRICK FOR FINAL DESIGN AND COMMISSION
OF PUBLIC ART FOR THE EAST ABUTMENT WALL OF THE
CLEARFORK MAIN STREET BRIDGE
This Agreement is entered into this day of .j p�`201 1, by and between
the City of Fort Worth, ahome-rule municipal corporation of the State of Texas, acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and Tommy Fitzpatrick, an
individual, of 7300 Cooper Lane, Austin, Texas 78745. 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 designing and constructing a new four-lane vehicular and pedestrian
bridge across the Clear Fork of the Trinity River, which shall extend Stonegate Boulevard from
the intersection at Hulen Street and connect to the new Edwards Ranch Road to the west, known
as the "Clearfork Main Street Bridge" in Fort Worth, Texas;
WHEREAS, City desires to include public art that would improve this bridge and allow
for a more unified pedestrian-friendly crossing at the west abutment wall of the Clearfork Main
Street Bridge; OFFICIAL RECORD
RETARY
WHEREAS, the Fort Worth Art Commission the as ref� ended funds
�p�tTH,
from the ?007 Critical Capital Needs Program to designLa� n pu is art/design
Agreement Between the City of Fort Worth Page I of 52
and Tommy Fitzpatrick for Final Design and Commission � J 1 }_ ` ` t c : 1 •j i '�
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
enhancements for the Site, which was included in the Long-Range Public Art Plan for the
Critical Capital Needs Program that was adopted by the City Council on October 26, 2010
(M&C G-17095);
WHEREAS, Artist was selected from the Fort Worth Public Art program's Pre-Qualified
List of Emerging Artists and approved by the FWAC and participated in a design charrette on
July 23-24, 2009;
WHEREAS, the FWAC has recommended that Artist be retained to develop a Final
Design based upon the Preliminary Design for public artwork to be incorporated into the Site in
coordination with artist Devon Nowlin, who is addressing the west abutment wall, and, upon
City approval, fabricate, deliver, and install the Work at the Site; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said
Work shall be designed, fabricated, delivered, and installed to promote the integrity of Artist's
ideas and statements as represented by the Work, including coordination with City's project
consultant, Freese and Nichols.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as
follows:
ARTICLE 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 of Fort Worth
and Tommy Fitzpatrick for Final Design and Commission of public art for the Site.
Agreement Between the City of Fort Worth Page Z of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
1.2. Artist — Means and includes Tommy Fitzpatrick and all other persons or entities for
which Artist is legally responsible, including, but not limited to, his heirs, executors,
administrators, legal representatives, successors, agents, subartists, contractors, and assigns.
1.3. Artwork Designs — Means and includes both the Preliminary Design and Final
Design of the Work, which are defined in 1.3.a. and 1.3.b. below.
1.3.a. Preliminary Design—Means all preliminary drawings, sketches, prototypes,
maquettes, models, narrative descriptions, budget estimates, and the like that were
created by Artist in connection with Fort Worth City Secretary Contract No.
39320 between Artist and City for the Work, including, but not limited to, the
design concept attached hereto as Exhibit "A" and incorporated herein for all
purposes.
1.3.b. Final Design — Means the Artist's final, proposed design of the Work for
the Site, which is based upon the City-approved Preliminary Design and includes,
but is not limited to, all final drawings, sketches, prototypes, maquettes, models,
and the like that may be created by Artist in connection with this Agreement, or
the like that are related, directly or indirectly, to the Work and shall include
Artist's specifications for fabrication and installation of the Work.
1.4. Contract Manager— Means and includes the Arts Council of Fort Worth and Tarrant
County, Inc., and all other persons or entities for which Contract Manager is legally responsible
including, but not limited to, its officers, directors, employees, agents, subsidiary organizations,
parent organizations, successor corporations, assigns, predecessors, stockholders, administrators,
and related companies.
Agreement Between the City of Fort Worth Page 3 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
1.5. City — Means and includes the City of Fort Worth, Texas and its officers,
representatives, agents, servants, and employees.
1.5. 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 Execution Phase --- Means and includes fabrication, delivery, and installation of the
Work.
1.8. Final Acceptance - Means City's written acknowledgement to Artist that all services
required of the Artist have been completed in conformity with the Final Design.
1.9. Final Design Deliverables — Means and includes those items set forth in Article 2.5
of this Agreement that Artist is required to submit to City for its review and approval prior to the
Artist proceeding to Execution Phase of this Agreement.
1.10 Other Project Artist — Means and includes artist Devon Nowlin, who is addressing
the west abutment wall of the Clearfork Main Street Bridge.
1.11. Parties---Means and includes City and Artist.
1.12. 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.
1.13. Project Consultant --- Means and includes the design firm/professional(s) hired by
City to design the Site.
1.14 Schedule - Means and includes a written plan of procedure for completion of
fabrication, delivery, and installation of the Work, including, but not limited to, the submission
of progress reports.
1.15. Site --- Means and includes the east abutment wall of the new four-lane vehicular
and pedestrian bridge across the Clear Fork of the Trinity River, which shall extend Stonegate
Agreement Between the City of Fort Worth Page 4 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Boulevard from the intersection at Hulen Street and connect to the new Edwards Ranch Road to
the west, known as the "Clearfork Main Street Bridge" in Fort Worth, Texas, which is more
particularly described on Exhibit "B," attached hereto and incorporated herein by reference for
all purposes.
1.16. Work — Means and includes the finished object(s) of art and design that are the
subject of this Agreement, or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Preliminary Design was reviewed and approved by the
FWAC on April 12, 2010, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as
necessary for developing a Final Design and fabricating, delivering, and installing the
Work at the Site and for providing the Final Design Deliverables (see Article 2.5).
Services shall be performed in a professional manner and in strict compliance with all
terms and conditions in this Agreement.
b. Artist, in coordination with other Project Artist, shall determine the artistic expression,
scope, design, color, size, material, and texture of the Work, subject to review and
acceptance by City as set forth in this Agreement. The location at the Site in which the
`]York shall be installed shall be mutually agreed upon by City and Artist.
C. Artist, upon request of Contract Manager, shall attend meetings with appropriate City
staff for purposes of risk assessment, safety review, sighting of the work, and permitting.
Agreement Between the City of Fort Worth Page 5 of 52-
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
d. Artist shall coordinate with the Project Consultant to ensure proper integration of the
Work into the Site and into the construction documents, as applicable.
e. Upon request of City, Artist shall consult with a qualified art conservator and shall
provide written maintenance recommendations for the Work from said conservator to the
Contract Manager.
f. Artist shall present the Final Design to City officials and designated steering committee
for review and input, and to the FWAC for approval at dates and times mutually agreed
upon.
g. Artist shall participate in one public education event in Fort Worth at a mutually agreed
upon date and time.
h. Artist shall install the work on dates and times mutually agreed upon by Artist and City.
2.3. Implementation Budget Total.
Artist shall develop a Final Design that is financially feasible relative to the budget for
implementation. It is understood that the budget for implementation of the Final Design is
SIXTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-FIVE DOLLARS AND NO CENTS
($68,865.091, which includes all costs for materials, labor, fabrication, delivery, installation,
insurance, transportation, travel, Artist's fee, and all other associated costs for the Work and
Final Design. Artist shall provide a detailed budget, on the budget form attached hereto as
Exhibit"C," for the Work.
2.4. Cily Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by
Artist to the extent that such materials are available. City, upon request by Artist, shall also
provide correct scaled drawings of the Site, if available.
Agreement Between the City of Fort North Page 6 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
2.5. Final Desi n Deliverables
Within three (3)months after the Effective Date of this Agreement, 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. Final Design Deliverables shall consist of the
following:
a. Detailed design illustrations of the Work for the Site, 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.
b. A final written narrative describing the following: (1) the Final Design concepts
and timeline for completion; (2) proposed materials, fabrication, and installation
methods for all elements of the Work, including information regarding Artist's
subcontractor(s), if any, for the Work; (3) maintenance requirements for all
elements of the Work as dictated by Artist, along with cost estimates for annual
maintenance; and (4) proposed public education program or activity to be
conducted by Artist during the duration of this Agreement.
C. A final budget for the Work with written estimates attached for supplies and
services to be provided by Artist, by Artist's contractor, or by others, including
the remainder of Artist's fee, in an amount not to exceed SIXTY-EIGHT
THOUSAND EIGHT HUNDRED SIXTY-FIVE DOLLARS AND No
VENTS $6S S55.00 (see Article 2.3).
d. Artist shall provide comprehensive working drawings, detailing the means of
installing all elements of the Work on the Site, together with other such graphic
material as may be requested by City to permit City to carry out structural design
Agreement Between the City of Fort Worth Page 7 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the C learfork Main Street Bridge
review. Upon City's request, these drawings must be signed and stamped by an
engineer and/or architect licensed to work in the State of Texas as required by
City. Artist will obtain and furnish to Contract Manager certificates of
professional liability insurance from each such licensed professional and will
require City to be named as a "certificate holder" entitled to notice of
cancellation/nonrenewal in accordance with standard practices.
2.6. Final Design Review.
a. Upon completion of the Final Design Deliverables, Artist shall meet with the designated
steering committee, City staff, Project Consultant, and other City boards or commissions,
as appropriate, to present the Final Design, at a date and time mutually agreed upon, for
input.
b. Artist shall present the Final Design to the FWAC for approval at a regularly scheduled
FWAC meeting.
C. City may require Artist to make such revisions to the Final Design 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.
d. City may also require Artist to make such revisions to the Final Design as City deems
necessary in its sole discretion.
e. Within thirty (30) days of its receipt of Artist's submission of the Final Design, City shall
notify Artist of its approval, or disapproval, of such submission and of each revision
made in the Final Design. Revisions made pursuant to this Article 2.6, upon approval by
City, shall become part of the Final Design.
Agreement Between the City of Fort Worth Page S of 52-
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - Fast Abutment Wall of the Clearfork Main Street Bridge
f. If the Final Design or any required revision is disapproved by City, Artist shall have
thirty (30) days to resubmit the Final Design in conformance with City's requirements. 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. Artist shall provide the Final Design
presentation materials to Contract Manager to become part of City's Public Art archive.
g. If Artist's Final Design is approved by City, then Artist's Final Design shall be
incorporated into this Agreement as an addendum, and shall become the basis for
proceeding to the Execution Phase of this Agreement.
h. Upon City's approval of the Final Design, Artist shall provide the Final Design
presentation materials to the Contract Manager to become part of the City of Fort Worth
Public Art archive owned by City. These documents, models, and/or drawings will be
retained for archival and exhibition purposes. Artist's Final Design and all other work
product under this Agreement shall become the property of City, without restriction on
future use (see Article 7).
2.7 Execution of the Work
a. If City approves Artist's Final Design and authorizes Artist to proceed to the Execution
Phase of this Project, then Artist shall furnish to the Contract Manager a written Schedule
within ten (10) business days after such authorization by the Parties. After written
approval of the Schedule by City, Artist shall fabricate, deliver, and install the Work in
accordance with such Schedule. Schedule changes may be accomplished by written
agreement between Artist and City.
Agreement Between the City of Fort Worth Page 9 of 5?
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
b. City and/or Contract Manager, upon written request, shall have the right to review the
Work during its fabrication and/or request visual documentation of the fabrication. Artist
shall, upon written request by the City and/or Contract Manager, provide a written
progress report detailing the progress made toward completion of the Work and the
remainder of work to be done to complete the Work. Artist shall comply with any request
made by the City and/or Contract Manager pursuant to this Article 2.7 within thirty (30)
days after receipt of the written request.
C. Artist shall complete the fabrication of the Work in accordance with the City-approved
Final Design. Artist shall present to the Contract Manager, in writing, for further review
and approval, any changes in the scope, design, color, size, material, or texture of the
Work. The Contract Manager, in its discretion, shall determine whether the changes are
significant and whether the changes conform to the City-approved Final Design. If the
Contract Manager, in its sole discretion, determines that the changes are significant and
do not conform with the City-approved Final Design, then the Contract Manager shall, in
light of the Final Design, determine whether a significant change requires City approval.
If the Contract Manager determines that the significant change(s) requires City approval,
then the change(s) may be presented to the FWAC for review and approval at a regularly
scheduled or special meeting of the FWAC.
2.8. Delively and Installation.
a. Construction of the Site, including, but not limited to, the design, engineering, and labor
associated with preparing the Site to receive the Work shall be performed by others, and
shall be done in accordance with the specifications jointly agreed to by Artist, the Project
Consultant, and City. Artist is responsible for ensuring that these specifications are
Agreement Between the City of Fort Worth Page 10 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
provided in accordance with the schedule provided by City so that City can incorporate
them into the construction documents and construction contract.
b. Artist shall notify City, through its Contract Manager, In writing, when fabrication of the
Work is completed and ready for delivery and installation at the Site.
C. Artist is responsible for installing all elements of the `]York with the exception of Site
preparation or other elements included in the construction documents for the Site. Artist
shall coordinate the installation of the Work with City and Contract Manager to ensure
proper installation with the Schedule. Delivery and installation activities may not
commence until written permission is delivered to Artist by the City.
d. Should Artist complete the Work in advance of the completion of the Site, Artist shall
store the Work at no expense to City until such a time as the Site is completed and the
Contract Manager notifies Artist that installation may commence.
e. Artist shall be responsible for all costs associated with the materials, fabrication, and
installation of the Work, including, but not limited to, equipment rentals, transportation,
and labor.
f. The Artist is responsible for obtaining and paying for all necessary permits.
g. Artist, individually and through its subcontractors, including its fabricator, shall take all
necessary precautions to protect and preserve the integrity and finish of the Site while
delivering and installing the Work. If City determines, in its sole discretion, that Artist or
Artist"s subcontractors have damaged the Site, then City shall inform Artist, in writing, of
the damage. Artist, at his own expense, shall have thirty (30) days from receipt of City's
written notice to repair the damage to the Site to the satisfaction of City. If Artist fails to
repair the damages to the satisfaction of City within thirty (30) after receipt of the notice,
Agreement Between the City of Fort Worth Page l l of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
or within the deadline otherwise agreed to by the parties, then City shall have the right to
deduct the cost of repairs from any remaining payment due to Artist under this
Agreement, which shall be in addition to any and all other rights and remedies available
to City at law or in equity.
h. Artist shall repair any damage to the Site due to delivery, installation, or Artist's
negligence or the negligence of Artist's subcontractors.
i. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified
art conservator and provide to the Contract Manager written instructions for appropriate
maintenance and preservation of the Work on the form attached hereto as Exhibit "D"
(Technical and Maintenance Record). The appropriate maintenance and preservation
instructions shall not be substantially different from the maintenance and preservation
anticipated and conveyed to City for the Work in the final design phase for the Work.
[NOTE: The written instructions provided during the final design phase of this project
may fulfill all or part of this requirement to the extent that such instructions represent the
final Technical and Maintenance record].
2.9. Post-installation.
a. Within thirty (30) days after the installation of the Work, Artist shall furnish Contract
Manager with a set of at least six (6) high-resolution digital images (.tiff format) showing
the attachment method of the Work, including detail shots of the back of the work and of
the abutment wall featuring mounting hardware prior to final installation of the Work.
b. Within thirty (30) days after the installation of the Work, Artist shall furnish Contract
Manager with a set of at least seven (7) high-resolution digital images (.tiff format) and
seven (7) low-resolution digital images (jpeg format) showing the Work from at least
Agreement Between the City of Fort Worth Page 12 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
two vantage points, including detail shots, and with at least three (3) of these images
showing the entire mural, as selected by Contract Manager, to document the Work after
the Work is installed. This time limit can be extended by written agreement of the Parties.
C. Artist shall make his/her best efforts to be available at such time or times as may be
agreed between City and Artist to attend any inauguration or presentation ceremonies
relating to the transfer of the Work to City. City shall use its best efforts to arrange for
publicity for the completed Work in such art publications and otherwise as may be
determined between City and Artist as soon as practicable following installation.
d. For the duration of the Agreement, if Artist intends to seek his/her own publicity for the
Work, such efforts and/or press releases must be approved, in advance, by City.
2.10. Final Acceptance.
a. Artist shall notify City and Contract Manager, in writing, when all services required have
been completed in conformity with the Final Design. Included in such notice from Artist
shall be an affidavit, attached hereto as Exhibit "E" (Affidavit), certifying that all bills
relating to services or supplies used in the performance of this Agreement have been
pal .
b. City shall notify Artist, In writing, of its Final Acceptance of the Work.
C. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's
notification of Final Acceptance; or, (2) the 35th day after Artist has sent the written
notice to City required under Article 2.10.a unless City, upon receipt of such notice and
prior to the expiration of the 35-day period, gives Artist written notice specifying and
describing anything that has not been completed pursuant to this Agreement.
Agreement Between the City of Fort North Page 13 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
2.11. Risk of Loss
The risk of loss or damage to the Work shall be borne by Artist prior to Final Acceptance, and
Artist shall take such measures as are necessary to protect the Work from loss or damage until
Final Acceptance, including, but not limited to, the purchase of property loss insurance, except
that the risk of loss or damage shall be borne by City or its agents prior to Final Acceptance
during such periods of time as the partially or wholly completed Work is in the custody, control,
or supervision of City or its agents for the purposes of moving, storing, or performing any other
ancillary services to the Work.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in the amount of SIXTY-EIGHT
THOUSAND EIGHT HUNDRED SIXTY•-FIVE DOLLARS AND NO CENTS
($68,865.00), which shall constitute full compensation for all services to be performed and
materials to be furnished by Artist under this Agreement, including, but not limited to,
fabrication, transportation, installation, Artist's fees, insurance, incidental costs, all travel
expenses, and any other costs associated with the Final Design and/or Work.
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. SIX THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS AND NO
VENTS ($6,886.00), upon execution of this Agreement.
Agreement Between the City of Fort Worth Page 14 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the C learfork Main Street Bridge
b. THIRTY THOUSAND NINE HUNDRED EIGHTY-NINE DOLLARS AND
NO CENTS ($30,989.00) within thirty (3O) days after Artist submits Final
Design Deliverables, as required in Article 2.5. of this Agreement, and the Final
Design is approved by the FWAC.
C. TWENTY THOUSAND SIX HUNDRED SIXTY DOLLARS AND NO
CENTS ($20,,660.00), upon the Contract Manager's verification that the Work is
ready for installation at the Site.
d. TEN THOUSAND„THREE HUNDRED THIRTY-THREE AND
NO CENTS $IQ 330 within thirty-five (35) days after Final Acceptance and
receipt by City of such documentation it may require concerning payment of
supplies and services rendered to Artist [see Article 2.10].
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 Artist with the "Texas Certificate of Exemption,"
attached hereto and made apart hereof for all purposes as Exhibit "F" for use by Artist in the
fulfillment of this Agreement.
3.4. _ Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of
this Agreement, including, but not limited to, services, materials, mailing/shipping charges and
insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for
Artist's agents, consultants, and/or employees necessary for the proper performance of the
services required under this Agreement.
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and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
ARTICLE 4
TERM AND TIME OF PERFORMANCE
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 Artist by City.
4.2. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with
the Schedule; provided, however, such time limits may be extended or otherwise modified by
written agreement between Artist and City.
4.3. Early Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or
her services prior to the time provided in the schedule for delivery.
4.4. Time Extensions; Force Maieure.
City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if
conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes,
or orders of local or federal government render timely performance of the parties' services
impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome
conditions must inform the other in writing within ten (10) business days of the onset of such
performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due
to conditions beyond either party's reasonable control shall not be considered a breach of this
Agreement; provided, however, that such obligations shall be suspended only for the duration of
such conditions.
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and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
ARTICLE 5
WARRANTIES
5.1. Warranties of Title and Copyright..
Artist represents and warrants that:
a. the Artwork Designs and/or Work shall be the original product of Artist's sole
creative efforts;
b. the Artwork Designs and/or Work is and will be unique and original and does not
infringe upon any copyright or the rights of any person;
C. Artist has not sold, assigned, transferred, licensed, granted, encumbered or
utilized the Artwork Designs and/or Work or any element thereof or any
copyright related thereto that may affect or impair the rights granted pursuant to
this Agreement;
d. the Artwork Designs and/or Work (or duplicate thereof) has not been accepted for
sale elsewhere;
e. the Artwork Designs and/or Work is free and clear of any liens from any source
whatsoever;
f. Artist has the full power to enter into and perform this Agreement and to make the
grant of rights contained in this Agreement;
g. all services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill
and diligence.
Agreement Between the City of Fort Worth Page 17 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
5.2 Warranties of Qualily and Condition
a. Artist represents and warrants that all work will be performed in accordance with
professional "workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of"inherent vice," or qualities that cause
or accelerate deterioration of the Work) for one year after the date of Final Acceptance.
b. Artist represents and warrants that the Work and the materials used are not currently
known to be harmful to public health and safety.
C. If, within one year after Final Acceptance, City observes any breach of warranty
described in this Article 5.2 that is curable by Artist, City shall give written notice to
Artist of such breach with reasonable promptness. Artist shall, at the request of City,
cure the breach satisfactorily and consistent with professional conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and
Guidelines for Practice) and/or construction standards, including, but not limited to, any
standards set forth by City, within thirty (30) days after receipt of the written notice, at no
expense to City.
d. If, within one year after Final Acceptance, City observes any breach of warranty
described in this Article 5.2 that is not curable by Artist, Artist is responsible for
reimbursing City for damages, expenses, and losses incurred by City as a result of the
breach. However, if Artist disclosed the risk of this breach in the proposal and City
accepted that it may occur, it shall not be deemed a breach for purposes of this Article
5.2.
e. If, after one year from Final Acceptance, City observes any breach of warranty described
in this Section 5.2 that is curable by Artist, City shall give written notice to Artist to make
Agreement Between the City of Fort Worth Page 18 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist
shall notify City, in writing, within thirty (30) days after receipt of the notice as to
whether Artist will make or supervise the repairs or restorations. Should Artist fail to
respond within the thirty-day (30) deadline or be unwilling to accept reasonable
compensation under the industry standard, City may seek the services of a qualified
restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
i. general routine cleaning and repair of the Work and any associated working parts
and/or equipment will maintain the Work within an acceptable standard of public
display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the
Work to experience only minor repairable damages and will not cause the Work
to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable
exposure to the elements and general wear and tear, the Work will not experience
irreparable conditions that do not fall within an acceptable standard of public
display, including, but not limited to, mold, rust, fracturing, staining, chipping,
tearing, abrading, and/or peeling.
iv. Manufacturer's Warranties. To the extent the Work incorporates products
covered by a manufacturer's warranty, Artist shall provide copies of such
warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to
maintain the Work in accordance with Artist's specifications and the applicable
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conservation standards. If City fails to maintain the Work in good condition, Artist, in
addition to other rights or remedies Artist may have in equity or at law, shall have the
right to disown the Work as Artist's creation and request that all credits be removed from
the Work and reproductions thereof until the Work's condition is satisfactorily repaired.
5.3 Survival of Representations and Warranties
The representations and warranties in this Article 5 shall survive the termination or other
extinction of this Agreement.
ARTICLE 6
INSURANCE AND INDEMNITY
6.1. General.
Artist shall carry insurance as set forth in Exhibit "G," which is attached hereto and incorporated
herein for all purposes. Evidence of required insurance shall be submitted to the Contract
Manager prior to installation of the Work on City property. However, if any part of the
fabrication process will be conducted on City property, then Artist shall submit evidence of
required insurance to the Contract Manager prior to performance of that work. Evidence of
subsequent renewals of said insurance is required until City has taken possession of the Work.
Except as provided in Section 2.11 hereof, the risk of damage to or loss of the Work, during
fabrication and installation but prior to Final Acceptance, shall be solely that of Artist. The risk
shall transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar undertakings.
6.3. Indemnity.
a. Generallndern
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i. 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
ARTIST AND/OR ARTIST'S SUBARTIST 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.
ii. Artist agrees to and shall release City from any and all liability for injury, death,
damage, or loss to persons or property sustained by Artist in connection with or
incidental to performance under this Agreement.
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iii. 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.
b. Intellectual Pro e
Artist agrees to assume full responsibility for complying with all State and Federal Copyright
Laws and any other regulations, including, but not limited to, the assumption of any and all
responsibilities for paying royalties that are due for the use of other third-party copyrighted
works by Artist. City expressly assumes no obligations, implied or otherwise, regarding
payment or collection of any such fees or financial obligations. City specifically does not
authorize, permit, or condone the reproduction or use of copyrighted materials by Artist
without the appropriate licenses or permission being secured by Artist in advance. IT IS
FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY,
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND
DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO
WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR
POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL
COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP,
OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate
licensing and all such licensing shall be the exclusive obligation of Artist.
c. Survival
All indemnification provisions of this Agreement shall survive the termination or
expiration of this Agreement.
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ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Work, including, but not limited to, all documents, models and/or drawings that
constitute or are components of the Work and/or the Artwork Designs, 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. Artist's Artwork Designs, Work, and all other
work products under this Agreement shall become the property of City, without restriction on
future use, except as provided below.
7.2 Copyright Ownership_.
Artist retains all rights under the Copyright Act of 1 976, 17 U.S.C. Section 101 et seq., as the
sole author of the Work for the duration of the copyright.
7.3 Reproduction Rim
a. In view of the intention that the Artwork Designs and the Work be unique, Artist shall
not make any additional exact duplicate reproductions of the Artwork Designs or the
Work, nor shall Artist grant permission to others to do so except with the express written
permission of City. However, nothing herein shall prevent Artist from creating future
artworks in Artist's manner and style of artistic expression.
b. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to
graphically depict or display the Artwork Designs and `]York for any non-commercial
purpose whatsoever. For purposes of this limitation, any graphic depiction or display of
the Artwork Designs and/or the Work intended to promote or benefit City, its public
services or its public purposes, regardless of whether or not a fee is charged to the public,
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or whether revenue is otherwise received by City, shall be deemed a non-commercial
purpose. Notwithstanding the above limitation, Artist agrees and understands that
nothing in this paragraph shall affect or limit City's absolute, unrestricted rights
incidental to City's full ownership of the Work to alter, change, modify, destroy, remove,
move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Work
when City deems it necessary within its discretion, in order to otherwise exercise City's
powers and responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
C. All reproductions by City shall contain a credit to Artist and a copyright notice
substantially in the following form: "0 date, Artist's name."
d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public
showing or resume use of reproductions to give acknowledgment to City in substantially
the following form: "an original artwork commissioned by and in the public art
collection of the City of Fort Worth, Texas."
e. Artist may, at Artist's expense, cause to be registered with the United States Register of
Copyrights, a copyright in the Work in Artist's name.
f. City is not responsible for any third-party infringement of Artist's copyright and not
responsible for protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S RIGHTS
8.1. Identification.
The Contract Manager shall include credit to Artist on the Fort Worth Public Art website
(w-w-w.fwpublicart. ) and a permanent plaque at the site.
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8.2. Maintenance.
City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the
Work. City shall reasonably assure that the Work is properly maintained and protected, taking
into account the maintenance instructions provided by Artist in accordance with Article 2.8 and
Exhibit D.
8.3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work
will be made. During Artist's lifetime and to the extent practicable, City shall give Artist
the right to approve all major repairs and restorations; provided, however, Artist shall not
unreasonably withhold approval for any repair or restoration of the Work. Should Artist
unreasonably withhold approval of any intended repair or restoration, City shall have the
right to make such repair or restoration. To the extent practicable, Artist, during Artist's
lifetime, shall be given the opportunity to make or personally supervise major repairs and
restorations and shall be paid a reasonable fee for any such services, provided that City
and Artist shall agree, in writing, prior to commencement of any significant repairs and
restorations, upon Artist's fee for such services. Should Artist fail to agree to make or
supervise the repairs and restorations, City shall have the right to choose another entity or
person to assist with the restoration and/or repairs or make said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation
standards (in accordance with the American Institute of Conservation (AIC) Code of
Ethics and Guidelines for Practice) and/or construction standards, including, but not
limited to, the standards set forth by City.
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C. City may require Artist to submit professional documents supporting Artist's proposal for
repairs and restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the
Work or to prevent risks to the public, such repairs shall be undertaken or arranged by
City without advance notice to Artist, and such repairs shall not be deemed to constitute
artistic alteration.
8.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building, structure or realty, the
installation of the Work may subject it to destruction, distortion, mutilation or other
modification by reason of its removal. If removal of the Work would damage either the
Work or the Site, City shall have the right to remove the Work by any means, including
destruction, in performing maintenance, repair, renovation, or reconstruction of the
building, structure or in devoting realty to a new use. City may give Artist Written notice
of its intent to take such action under this paragraph.
b. In the event that the Work is freestanding, or incorporated into a building, structure or
realty such that it may be removed without damaging or destroying the Work or the
building or structure, Artist may be given written notice and ninety (90) days to remove
the Work at his or her sole expense. Upon Artist's failure to remove the Work, City shall
have the right to remove and dispose of the Work by any means, including its destruction.
C. City agrees that it will not willfully destroy, damage, or modify the work, except as
provided in paragraphs a. and b. above.
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d. In the event the Work is substantially damaged or altered, City shall no longer represent
the Work as that of Artist if Artist gives written notice to City that it is the position of
Artist to deny authorship on the grounds stated in this paragraph.
e. City shall, at all times, have the right to move the Work, or remove it from public display.
City shall also have the right to sell or trade the Work.
8.5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and
disposition of the Work.
8.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15. The failure to do so, if
such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right
subsequently to enforce these provisions of Article 8 that require the express approval of Artist.
Notwithstanding this provision, City shall make every reasonable effort to locate Artist when
matters arise relating to Artist's rights.
8.7. Additional Rights and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and
remedies available to Artist under the law, which may now or in the future be applicable.
ARTICLE 9
ARTIST AS INDEPENDENT CONTRACTOR.
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City. Artist shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of his/her officers,
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agents, employees, and subcontractors. Nothing herein shall be construed as creating a
partnership or joint venture between City and Artist, his/her officers, agents, employees and
subcontractors, and doctrine of respondeat superior has no application as between City and
Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense,
provided that said subcontracting shall not adversely affect the design, appearance or visual
quality of the Work and shall be carried out under the personal supervision of Artist. Any
subcontract entered into under this Agreement shall be expressly subject to the terms of this
Agreement. Artist shall provide information regarding all subcontractors, including its
fabricator, along with a copy of the subcontract between Artist and each subcontractor to the
Contract Manager.
ARTICLE 11
TERMINATION
11.1. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by Artist or any agent or representative to any City 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.
In the event this Agreement is canceled by City, pursuant to this Article 11.1, City shall be
entitled, in addition to any other rights and remedies, to recover from Artist a sum equal in
amount to the cost incurred by Artist in providing such gratuities.
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11.2. Death or Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated
during the term of this Agreement, City shall have the right to terminate this Agreement
on payment to Artist or Artist's successors for all work and services performed prior to
death or incapacity. All finished and unfinished drawings, sketches, photographs, models
and work shall become property of City.
b. Should Artist's design have been approved or if Artist's work has progressed to the point
of fabrication of the Work, in the event of termination under this Article 11.2, 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. This provision
shall survive the termination or expiration of this Agreement.
11.3. 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) days before termination, specifying the
grounds for termination.
b. If the termination is for the convenience of City, Artist shall have the right to an equitable
adjustment in compensation (without allowance for anticipated profit on unperformed
services), in which event 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 Artist under this Agreement prior to the date of
termination, provided that no right to fabricate or execute the Work shall pass to City.
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C. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all
payments (if any) made to Artist for Artist's Fee pursuant to this Agreement prior to
termination.
11.4. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with
the terms of this Agreement, or otherwise violate any of the covenants, agreements, or
stipulations material to this Agreement, then the Parties shall first attempt to resolve any
disputes arising from this Article 11.4 in accordance With the dispute resolution process
set forth in Article 12 of this Agreement. If the Parties cannot resolve the 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 Article 11.4 shall not relieve the party in
default of any liability for damages resulting from a breach or a violation of the terms of
this Agreement.
b. If City terminates this Agreement pursuant to this Article 11.4, then City shall have the
right to complete the Work in accordance with the Final Design, which shall be in
addition to any and all other rights and remedies available to City at law or in equity. If
City exercises its right to complete the Work, then:
(1) title to the Artwork Designs, Work, and/or all other work product under this
Agreement or any prior agreement for the Work, including, but not limited to, all
documents, models, and/or drawings that constitute or are components of the
Artwork Designs and/or Work, shall pass to City and become the property of
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City, without restriction on future use, immediately upon the City's exercise of its
right to complete the Work,
(2) Artist shall forfeit any and all rights to the Artwork Designs, Work, and/or all
other work product under this Agreement or any prior agreement for the Work,
including, but not limited to, those stated under Articles 7 and 8 of this
Agreement,
(3) Artist automatically sells, assigns, and transfers to City, the entire right, title,
and interest in and to the Artwork Designs, Work, and/or all other work product
under this Agreement or any prior agreement for the Work that the Artist has
under the Copyright Act of 1976, 17 U.S.C. SS 101 et. seq., and all the rights and
privileges appertaining thereto, including, without limitation, the exclusive right
to reproduce, prepare derivative works based upon, distribute copies to the public
as well as display said Artwork Designs and/or Work, the same to be held and
employed by City for City's own benefit and use and for the benefit and use of
City's successors, assigns, and legal representatives forever;
(4) Artist shall have no copyright or other property interest in the Artwork
Designs, Work, and/or any other work product under this Agreement or any prior
agreement for the Work; and
(5) Artist, pursuant to this Article 11.4, hereby acknowledges the rights of
attribution and integrity conferred by Section 1 o6A(a) of Title 17 of the U.S.
Code, (as amended or as it may be amended in the future) Titled "Visual Artists
Rights Act," and any other right of the same nature granted by U.S. federal, state,
or foreign laws, and of his/her own free act hereby waives such rights with respect
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to any and all uses of the Artwork Designs, Work, and/or all other work product
under this Agreement or any prior agreement as a public artwork. Nothing in this
section 11.4 shall affect the survival of Articles 5, 6, and 9 of this Agreement,
which shall remain in full force and effect upon termination of this Agreement.
ARTICLE 12
DISPUTE RESOLUTION
If either Artist or City has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the Parties shall
first attempt to resolve these issues through this dispute resolution process. The disputing party
shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or
breach. The notice shall state the nature of the dispute and list the party's specific reasons for such
dispute. Within ten (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 Artists are unable to agree to a
date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar
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days following the date of the request for mediation, then all the conditions precedent in this article
shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees
equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant
County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement
in any court having jurisdiction. No provision of this agreement shall waive any immunity or
defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve
the dispute through mediation,then either party shall have the right to exercise any and all remedies
available under law regarding the dispute. (See Article 11.4)
ARTICLE 13
EQUAL OPPORTUNITY
a. Artist shall not 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. 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. Artist agrees to post in conspicuous places, available to
employees and applications for employment, notices to be provided by City setting forth
the provision of this nondiscrimination clause.
b. Artist shall, in all solicitation or advertisements for employment placed on or on behalf of
Artist, state that all qualified applicants shall receive consideration for employment
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without regard to race, color, religion, sex, sexual orientation, national origin, familial
status, transgender, gender identity, or gender expression.
C. Artist shall furnish all information and reports requested by the City of Fort Worth, 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 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 of Fort Worth.
ARTICLE 14
MISCELLANEOUS
14.1. Compliance.
Artist shall comply with all Federal, State and City statutes, ordinances and regulations
applicable to the performance of Artist services under this Agreement.
14.2. Entire A reement.
This writing embodies the entire agreement and understanding between the Parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
14.3. Amendments.
No alteration, change, modification or amendment of the terms of this Agreement shall be valid
or effective unless made in writing and signed by both parties hereto and approved by
appropriate action of City.
14.4. Waiver.
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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.
14.5. 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.
14.6. Successors and Assi ns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void. This Agreement shall be binding upon
and shall inure to the benefit of City and Artist and its respective successors and permitted
assigns.
14.7. No Third-Part Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and
any lawful successor or assign, and are not intended to create any rights, contractual or
otherwise, to any other person or entity.
14.8 Severabi ity.
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.
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14.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
14.10. Fiscal Funding out.
If, for any reason, at any time during any 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 Artist of written notice of City's intention to terminate or (ii) the last date for
which funding has been appropriated by the Fort Worth City Council for the purposes set forth in
this Agreement.
14.11. Captions
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Artist.
14.14. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that
relate to the Conceptual Design (collectively "Records") at any time during the Term of this
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Agreement and for three (3) years thereafter in order to determine compliance with this
Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Artist
shall make all Records available to City on 1000 Throckmorton Street, Fort Worth, Texas or at
another location in City acceptable to both parties following reasonable advance notice by City
and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the
contrary herein, this Article 14.14 shall survive expiration or earlier termination of this
Agreement.
14.15. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women Business
Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by City under
City's MIWBE ordinance.
14.16 Survival Provision
The provisions contained in Articles 5 (Warranties), 6 (Indemnity provision), and 9 (Artist as
Independent Contractor) shall survive the termination or expiration of this Agreement.
14.17 Public Information Act
Artist understands and acknowledges that City is a public entity under the laws of the State of
Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the
Texas Government Code. Artist shall clearly indicate to City what information it deems
proprietary. If City is required to disclose any documents that may reveal any of Artist's
Proprietary Information to third parties under the Texas Government Code, or by any other legal
process, law, rule, or judicial order by a court of competent jurisdiction, City will notify Artist
prior to disclosure of such documents, and give Artist the opportunity to submit reasons for
objections to disclosure. City agrees to restrict access to Artist's information to those persons
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within its organization who have a need to know for purposes of management of this Agreement.
City agrees to inform its employees of the obligations under this paragraph and to enforce rules
and procedures that will prevent any unauthorized disclosure or transfer of information. City
will use its best efforts to secure and protect Artist's information in the same manner and to the
same degree it protects its own proprietary information; however, City does not guarantee that
any information deemed proprietary by Artist will be protected from public disclosure if release
is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a
period of three (3) years after the expiration of this Agreement.
.14.18 Counterparts and Electronic Si natures
This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. A signature
received via facsimile or electronically via email shall be as legally binding for all purposes as an
original signature.
14.19. Time Extensions
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
ARTICLE 15
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be
given under this Agreement shall be in writing and shall be deemed to have been duly given
upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by
registered or certified mail, return receipt requested, postage prepaid, as follows:
Agreement Between the City of Fort Worth Page 38 of 52.
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment `]Nall of the Clearfork Main Street Bridge
1. 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 Attorney
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth& Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
2. ARTIST Tommy Fitzpatrick
7300 Cooper Lane
Austin, Texas 78745
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Agreement Between the City of Fort Worth Page 39 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
CITY OF FORT NORTH ARTIST
d_.9 a-_-_Z - /
by: Fernando Costa Tommy Fitzpatrick
Assistant City Manager
APPROVED AS TO FORM ATTESTED BY:
AND LEGALITY:
Tyler F. Kach Marty Hendrix
Assistant City Attorney City Secretary
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Contract Authorization: � 'l
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M&C #C-24986 ❑ �►
Date. 7/12/2411 �44
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH9TX
gircci new Ret"cen the [ its o t f ort �k ort h P tgc 41)
rind I onini I it/patrick 1'()r V inaI Design and Com ill 1 ton
Of PUhh .art - Fast Ahutmcnt Wall of the Clearl«rk 'main Strcet Bridge
Exhibit A: The Preliminary Design
Clearfork Main Street Bridge—East Wall
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My mural for the east abutment wall of the Clear fork Main Street Bridge is a map of the
surrounding areas based on a satellite image. The map will contain the current channelized
version of the Trinity River along with the surrounding areas. In addition, the bridge itself and
the historical path of the river will be super imposed on the map. The colors will be local but
enhanced for more visual interest. The analogous color scheme will consist of mainly greens and
blues. For example, the original path of the river has a very dynamic line quality. I intend to use
a bright blue color in this area as to bring it to the viewer's attention. Viewer interaction is a
major component of the mural. The focal point of my design is the bridge and where it crosses
the river. My goal is that a viewer would be able to understand the surrounding areas because of
the mural. Local residents could relate to the mural locating where they live and a possible
alternative route home. In general the mural would bring a broader awareness and understanding
of the history and future of the Trinity River.
The overall size of the mural will be 12' x 20'. The panel will be constructed from 3/16"
aluminum sheeting cut into 4' x 4' sections and attached to a framework
2" x 2" square aluminum tubing. R D Metal of Fort Worth, Tx will fabricate the panel.
Agreement Between the City of Fort Worth Page 41 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Exhibit B: The Site
Clearfork Main Street Bridge
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ORT%RTH 2008
Stonegate Bridge 3D Visualization
Agreement Between the City of Fort Worth Page 42 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Exhibit C: Budget Form
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ARTIST'S FEE
TRAVEL
(Four fists who lNe more than 50 mAn tram Fort Worth)
Airfare
Car Rental
Per Diem Expenses at$ per coy
Mileage at$ per mile
INSURANCE
Auto/Hired V00de Liability
General Liability for Artist 1 Subcontractors
Workees Comp.I Employees Liability
O#w,as applicable
ADMINISTRATIVE EXPENSES
Phone/Fax
Delivery/Wpping(for correspondence,samples,models,drawings etc)
Reographic Service
Supplies
PROFESSIONAL CONSULTANT FEES
(If applicable,drawing must be signed and seated by a professional registered to practice
in the Staft of Texas)
Architect*
Structural Engine
Electrical Engineer*
Conservator*
Photographer(for downe0ation of corn*W workr
Oft,*
MATERIALS
(Please aftach a complete fist of materials.itemize all anticipated aspects and
components wO per unit cost elates)
Material's*Total
FABRICATION COSTS
(Include and itemize ail portions of seed work and work to be ccrnpleted by
artist.)
Artist`s Labor hours at$ per hour)Total
SLbowtracted Labor*(Total)
Fadfity/Equipme►nt Rental(used exclusively for this project)related to fabrication
SITE PREPARATION
(Do not irdude amts oovered by FWPA,City of Fort Worth or others)
Test Drilling*
Removal'
Land sr�pingll mgatian"
Electrimcal Modifications*
Water Work/Mechanical Devices
oftw
(Revised May 2011)
Agreement Between the City of Fort Worth Page 43 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
TRANSPORTATION
Materials to Fabricati Site*
Finished Work to Instaflation Site*
Other`
BASEIIIOUNTINO
Base
Mounting Devices and Cornpo'vents
FoundatkxVFooting
INSTALLATION COSTS
(Costs must include alkwmnce for after hours installation,if a.pplicable..Please after a
complete list of equipment and irdividual estimates wfth this form)
Subcontracted Labor*
Scalding*
Equipment.Rental reWed to installation*
Of-duty P icefSecufity*
Traffic Barriers*
Storage Facile Dental*
City Permits
DLVay Devices
Fireproofing*
Site RestoratbW
Other*
LIGHTING
Designers*
Fires*
Bulbs*
Site PreparatbW
Insttallatiow
GRAND TOTAL
Please make any necessary notes here;
Prepared By;
Date:
(Revised May 201 t)
Agreement Between the City of Fort Worth Page 44 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Nall of the Clearfork Main Street Bridge
Exhibit D: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork:
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork: (attach separately if necessary):
Artwork Dimensions:
Height: Width: Depth:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height: Width: Depth:
Location & Description of Signature Markings (or copyright):
Edition Information if applicable:
Agreement Between the City of Fort Worth Page 45 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the C learfork Main Street Bridge
Date of Execution:
Place of Execution:
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address:
Methods/Materials Used In Execution of Artwork
Materials (list type, brand name and manufacturer of all materials; attach Material Safety &
Technical Data. Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects, engineers or other technicians
involved in the creation and installation of this artwork. Attach all warranties & agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material & Application Method:
Casting Alloy, Wax Body, Class or Fiber Type:
Agreement Between the City of Fort Worth Page 46 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative,
UV, graffiti, etc. Please list vendors and contact information and provide all product
information):
Pedestals, Foundations & Footings, Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information,parts numbers,
warranties and agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a part of the
final installation including but not limited to: lighting, media, landscaping, etc. Include.all
vendor information,parts numbers, warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method, provide photo documentation if available.
List name and contact information of installation crew. Attach any diagrams or disassembly
instructions.)
Agreement Between the City of Fort Worth Page 47 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Recommended Routine Maintenance
Artist recommendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name:
Address:
Phone:
(Please attach Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to
environmental conditions. Artist's vision of how the artwork will look in the future assists
F WPA in realizing an appropriate conservation action plan. In addition to environmental
conditions public artworks are often affected by public handling, landscaping and site changes.
Please clearly detail your expectations for this artwork. Please address issues related to the life
expectancy of this artwork.)
Agreement Between the City of Fort Worth Page 48 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Exhibit E: Affidavit
AFFIDAVIT of BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and
materials provided to Affiant for the construction of any and all improvements on the property.
Affiant is not indebted to any person, firm, or corporation by reason of any such construction.
There are no claims pending for personal injury and/or property damages.
Affiant:
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of 52011.
Notary Public, State of Texas
Print Name
Commission Expires
Agreement Between the City of Fort Worth Page 49 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Exhibit F: Sales Tax Exemption
TE.XA8,-CJEWf IFICATE off'ULNIPTION
I Claim an exemption froni.paymem of sales and mqc f(w tht Purcha-sr taxab-IQ items dascritxd
below or on the attachml t-wdcT(w-Invoice.
Desetiption twf Item. 9 an 31tacW m-drr or lnvulic;c)To He Palmed:
-1 Claim thiS"CM-11fion.for the fi-4-10wing remo-m'.
i i
N ame of Exmpt.Orgamzatmn-- C ITV 0 F FORT WORD 1,TEXAS
TEXAS SALES AND USE TA FRM[T NUMBER-1-75-600052"
Projw for which rnaticninis and supplies 'ar uIe P-
rchase4:
............
...........
I undcrstuA that I will be liable fiv paymcnt of s-ates tax.which may become due for failtue,to com ly
p
with the provisions of the,4-ate,cily,an&or-marqxititm transit auffiority wics.and,ow tax laws mid
U4bibly fix the tax will br, y ihe. P.-nee,paid
I determMW b
t w the taxable iten:ts purchm ed or the fait ITIArkel rental ue fm the ptii u*d 0 f b me,used,
I widerstand that
it i-5 a.n
I.W a w. r to
9INT an CUM on cen-ific-ate to the sell or for twkabte itm
I kw%,,at the time of the P6 . s which
pwvjj -11 be used in a mmm-er other th-am- that expens-c-d in t hj�q iza�fijcate
age,wl
and,upoll Cmvit-ti-CL May bc fincd up to S500per t �.
Duc to 1.3
IA&LSSM2t ShaktUS DUCto R
.......... U.tit
-----------
CM OF MRT WORTH.TEXAS
1000 TIIROCKNIORTO�N STREET
City,StAte,ZiP Cmic:FO WORTH,,TEXXS 76102
S t
EA Vj-':ih
Datc Junc,11,10(W Phtnle 81`39243-17
JN
Thl,.--,.certi-fi e-at s ilm Muir a numb."to bc valid, Sales and u-w tax-'rxcmNjojj jujillbt
exemprr numbers,do not e?-ist,
I)e f=- [shed to the-WpPlitl',Ek� :it send the couiph,-ted
ITit-wate,to the
Ccwnrwol ter of Pub]le Accoutits,
Agreement Between the City of Fort Worth Page 50 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Exhibit G: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project, naming City as an
additional insured on each policy of insurance, except Workers Compensation. 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. Artist
shall require the subcontractor(s)to name Artist and City as additional insureds.
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.
Automobile Liability
$19000,000 Each accident
or
$2509000 Bodily Injury per person
$50000 Bodily Injury per occurrence
$1009000 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
$1 00,000 Disease -per each employee
$500,000 Bodily Injury/Disease - policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined
in the Texas workers' Compensation Act (Art. 8308 -- 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
Thirty (30) days notice of cancellation or non-renewal.
Agreement Between the City of Fort Worth Page 51 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
Example: "This insurance shall not be cancelled or non-renewed, until after thirty (30) days prior
written notice has been given to City of Fort Worth, except for ten (10) days notice for non-
payment of premium.
Waiver of rights of recovery (subrogation) in favor of City of Fort Worth.
The insurers for all policies must be licensed/approved to do business in the State of Texas. All
insurers must have a minimum rating of A- VII in the current A. M. Best 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." (If
coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior
to the date of the contractual agreement and the certificate of insurance shall state that the
coverage is claims made and the retroactive date. The insurance coverage shall be maintained
for the duration of the contractual agreement and for five (5) years following completion of the
service provided under the contractual agreement or for the warranty period, whichever is longer.
An annual certificate of insurance submitted to City shall evidence such insurance coverage.)
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 `]North Page 52 of 52
and Tommy Fitzpatrick for Final Design and Commission
of Public Art - East Abutment Wall of the Clearfork Main Street Bridge
V
.. L
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWouu
irlo�'
COUNCIL ACTION: Approved on 7/1212011
REFERENCE **C-24986 20ARTWORK- EAST WALL
DATE: 7/12/2011 NO.: C-24985 LOO NAME: MAIN BRIDGE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Final Design and Commission Contract with Artist Tommy
Fitzpatrick for Public Art to Enhance the East Abutment Wall at the Clearfork Main Street
Badge Near Stonegate Boulevard and Hulen Street in the Amount of$68,855.00
(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Final Design and
Commission Contract with artist Tommy Fitzpatrick for design and implementation of a public artwork
for the east abutment wall of the Clearfork Main Street Badge in the amount of$68,855.00.
DISCUSSION:
The Final Design and Commission Contract will enable local artist Tommy Fitzpatrick to proceed with
final design, fabrication, delivery, and installation of a painted metal mural attached to the east
abutment wall of the Clearfork Main Street Bridge. The Artist's conceptual design for the artwork was
approved by the Fort Worth Art Commission on April 12, 2010.
Tommy Fitzpatrick's design features an abstracted aerial map of the area painted primarily in hues of
blues and greens. The artwork, which is composed of automotive paint on aluminum panels and
stretches approximately 12 feet high by 20 feet wide, will adorn the concrete abutment wall that
supports the east end of the bridge at the viewing level of the pedestrian bridge.
The pedestrian badge mounted below the vehicular deck will complete a two-mile loop on the busy
Trinity Trail System; therefore, the artwork will have high visibility.
This project is included in the Fort Worth Public Art Fiscal Year 2011 Annual Work Plan, adopted by
City Council on October 26, 2010 (M&C G-17095). The project is being funded by Public Art Funds
from the 2007 Critical Capital Projects Fund, which includes funding for the Southwest Parkway/SH
121 Tollway Project.
BACKGROUND:
On July 23-24, 2009, artists Brad Goldberg, Tommy Fitzpatrick and Devon Nowlin explored public art
and design enhancement opportunities for possible incorporation into the Clearfork Main Street
Bridge project using a progression of thematic concepts appropriate to the context, including the past
and current route of the Trinity River, the historic Edwards Ranch and the new development project
underway in the area.
A Steering Committee made up of Representatives of the City of Fort Worth, Streams and Valleys,
and various stakeholders, enthusiastically received the artists' concepts and supported further
development of the artists' ideas with a view toward implementation.
On June 8, 2009, the Fort Worth Art Commission reviewed the Steering Committee's
recommendation and made a formal recommendation to place artist Tommy Fitzpatrick under a
Conceptual Design Contract (City Secretary Contract No. 39320).
MIWBE -The City's overall MIWBE goal for the Fort Worth Public Art program is 25 percent of total
capital project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 3, Mapsco 75T.
FISCAL 1NFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the 2997 Critical Capital Projects Fund.
To Fund/Account/Centers FROM Fund/Account/Centers
0295 541200 203980010780 $68,865.00
Submitted for City Manager's„Office Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Martha Peters (298-3625)
ATTACHMENTS
Clearfork Main Street-1 Ma -2 Brid a Site-3 Design- East Wall Am