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Contract 42327
CITY SECRETARY a-1 CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DEVON NOWLIN FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR THE WEST ABUTMENT WALL OF THE CLEARFORK MAIN STREET BRIDGE This Agreement is entered into this Q1' day ofSp._nAe_ryN .Cr, 2011, 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 authorized Assistant City Manager, and Devon Nowlin, an individual, of 400 Frontier Street, River Oaks, Texas 76114. 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; WHEREAS, the Fort Worth Art Commission (t WAC") has recommended funds from the 2007 Critical Capital Needsi g,g4G1*+4PWfR" ', p n rand implement public art/design t- 'TAA Agreement Between the City of Fort Worth '. C1Y S Page I of 52 and Devon Nowlin for Final Design and Commis,ion>'I', )NOR "r yY. of Public Art - West Abutment Wall of the Cle4ork Main SUok 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 Tommy Fitzpatrick, who is addressing the east abutment wall, and, upon City approval, fabricate 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 Devon Nowlin for Final Design and Commission of public art for the Site. Agreement Between the City of Fort Worth Page 2 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 1.2. Artist — Means and includes Devon Nowlin 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. 39303 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 Devon Nowlin for Final Design and Commission of Public Art - West 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. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.7 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 Tommy Fitzpatrick, who is addressing the east 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 west 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 has been 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 Work 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 ($68,865.00), 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. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. Agreement Between the City of Fort Worth Page 6 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 2.5. Final Design 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 CENTS $68,865.00 (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 Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork 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 8 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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. Delivery 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 Work 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 1 I of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 paid. b. City shall notify Artist, in writing, of its Final Acceptance of the Work. C. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's notification of Final Acceptance; or, (2) the 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 Worth Page 13 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 CENTS ($6,886.00) upon execution of this Agreement. Agreement Between the City of Fort Worth Page 14 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge b. THIRTY THOUSAND NINE HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS ($30,989.00) within thirty (30) 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 DOLLARS AND NO CENTS ($10,330.00) 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. Agreement Between the City of Fort Worth Page 15 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 mpletion 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 Majeure. 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. Agreement Between the City of Fort Worth Page 16 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 Final Design 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 Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 5.2 Warranties of Quality and Condition a. Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of"inherent vice," or qualities that cause or accelerate deterioration of the Work) for 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 Section 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 Section 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 Section 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 Agreement Between the City of Fort Worth Page 19 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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. General Indemnity Agreement Between the City of Fort Worth Page 20 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 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 ARTIST'S 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. Agreement Between the City of Fort Worth Page 21 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Property Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use 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. Agreement Between the City of Fort Worth Page 22 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Desigs, 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 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. 7.3 Reproduction Rights. 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 Work 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, Agreement Between the City of Fort Worth Page 23 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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: "© 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-parry 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 (www.fwpubIicart.org) and a permanent plaque at the site. Agreement Between the City of Fort Worth Page 24 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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. Agreement Between the City of Fort Worth Page 25 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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. Agreement Between the City of Fort Worth Page 26 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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, Agreement Between the City of Fort Worth Page 27 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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. Agreement Between the City of Fort Worth Page 28 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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. 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. The notice shall specify whether the termination is for convenience or cause. 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. Agreement Between the City of Fort Worth Page 29 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Agreement Between the City of Fort Worth Page 30 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 106A(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 Agreement Between the City of Fort Worth Page 31 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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) 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) days following the date of request, except upon Agreement of both parties. In the event City and Artist are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) days following the date Agreement Between the City of Fort Worth Page 32 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Agreement Between the City of Fort Worth Page 33 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 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. Agreement Between the City of Fort Worth Page 34 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and its respective successors and permitted assigns. 14.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 14.8 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Agreement Between the City of Fort Worth Page 35 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Agreement Between the City of Fort Worth Page 36 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 M/WBE 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 Agreement Between the City of Fort Worth Page 37 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge 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 Signatures This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 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 Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall 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 Devon Nowlin 400 Frontier Street River Oaks, Texas 76114 [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Agreement Between the City of Fort Worth Page 39 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 WORTH ARTIST by: Fernando Costa Devon Nowlin Assistant City Manager APPROVED AS TO FORM ATTESTED BY: AND LEGALITY: Tyler F. WzSdch Marty Hendrix Assistant City Attorney City Secretary �r f 0000000 ° ° c Contract Authorization: p� 0 $fid C..$ .T 0. M&C # C-24985 ���o° Qo°ic�dd *°0°000000°00 Date: 5/24/2011 OFFICIAL RFCDRD CITY SECRETARY WORTH,TX Agreement Between the City of Fort Worth Page 40 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge Exhibit A: The Preliminary Design Clearfork Main Street Bridge—West Wall k K111 Rl�,11 a.: My mural for the west abutment wall of the Clearfork Mainstreet Bridge is a narrative told through figures who are using the Trinity River for different purposes, and it describes ways the river has been important to Fort Worth's history. This narrative of the river can be read in the image from left to right. Starting with the panel on the left, the cowboy figures are specific to the local Edwards Ranch and represent the important role of the Trinity in the ranching history and settlement of the city. In the second panel, colors increase in intensity and the levies, particularly their use for recreation and healthful activities, are emphasized. This panel and the bicyclist represent our current times. The panel on the right shows a kayak in the river with the Fort Worth skyline in the distance. It represents the possibilities for future use of and care for the river as recreational activities in the river's water are developed. Here, the colors are lively and optimistic and represent the future. Overlaying the three panels is a separate sculptural element depicting the course of the river through west Fort Worth. The "map" is slightly distorted to suggest the perspective of the river receding at the top of the image and advancing towards the viewer at the bottom. The green area inside the oval created by the cowboy's lasso, where the blue line of the river bends and forks just beneath, is the "you are here"point on the map. Agreement Between the City of Fort Worth Page 41 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge Exhibit B: The Site Clearfork Main Street Bridge t�y jaw z` x s: s A �fF F ms \ \u i: \ IW i a j � 1 o\ �x T ; IRT WORTH 2008 Stonogate Bridge 3D MsualizaWn Agreement Between the City of Fort Worth Page 42 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall.of the Clearfork Main Street Bridge Exhibit C: Budget Form FO N RTVitoi� �1 NC A a �'Rf3 Please �kit tt) rtda(tat �ptoresfitcletet�pertM costanctZ s ft# ��M wNh an astEris �#.�asss also have als esttttiste a � ? ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$ per day Mileage at$__per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (if apocabte,drawing must be signed and seated by a professional registered to practice in the State of Texas) Architect' Structural Engineer' Electrical Engineer` Conservator` Photographer(for documentation of completed work)' Other' MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials'Total FABRICATION COSTS (include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor(_hours at$_per hour)Total Subcontracted Labor'(Total) Facility/Equipment Rental(used exclusively for this project)related to fabrication SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Drilling" Removal* LandscapingArrigation' Electrical Modifications' Water Worl Mechanical Devices Other' (Revised May 2011) Agreement Between the City of Fort Worth Page 43 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site' Other' BASEIMOUNTING Base Mounting Devices and Components Foundation/Footing Other INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable..Please attach 2 complete list of equipment and individual estimates with this form) Subcontracted Labor* Scaffolding* Equipment Rental related to installation* Off-duty Pc4icetSecurfty* Traffic Barriers* Storage Facility Rental* City Permits Display Devices Fireproofing* Site Restoratior? Other' LIGHTING Designers' Bulbs* Site Preparation* Installation` GRAND TOTAL Please make any necessary notes here: Prepared By: Date: (Revqsed May 20111! Agreement Between the City of Fort Worth Page 44 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall 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 Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork 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, Glass or Fiber Type: Agreement Between the City of Fort Worth Page 46 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 FWPA 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 Devon Nowlin for Final Design and Commission of Public Art - West 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 , 2011. Notary Public, State of Texas Print Name Commission Expires Agreement Between the City of Fort Worth Page 49 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge Exhibit F: Sales Tax Exemption TI.XAS,CEWFIFICATE QF-FX NIPTION _V' I claim an exemption from pati,,metd of sale-s and usc tax-s for the pumhase of taxable items described below or on the attached twdvr or invoice. Deuiiptioti of Items(or an attached order or Invoke)To Be Purchased: I claim this exemption for the fi-Alowmg mason; Name of Exempt Organization- CITY OF FORT WORTII,TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-600052" Project for which matenals and supplies am purcluomd: I undemtand that I will be liable fiir payment ofsales tax.which may become due for failure to comply with the provisions of the state,city,andeor metropolitan transit authority-ales and use tax lawsd an comptroller rules regarding exempt pumhascs- Liability'tim the tax will be determined by the price paid kv the tamable items purchased or the fait marke=t rental value few the cf time used I understand that it is a misdemeanor to give an cxmption cerfift"te to the seller kv taxable items wbich I know,at the time of the,pLwebw,will be used in a manner other than that expensed in this*Wificate and,upon eonvic-tion-may be fined up to S5W per offen- Purchaser- CITY Of FORT WORTH,TEXAS Street Address: woo THRocKwiwrON STREET City.State,Zip Code:FORT WORTH.TEXAS 76102 is HCTC- Date: —June 11,2(,X* Mwxne: 817-392-"17 7 F'ffixky"��ff This certificate does dot rNuire a number to he valid, Sale-,and use tax"exemption numbers"tar"tax exempt'*numbers do not exist. This ocilifu.-atc should be furnished to thcwpplier,Do rhil send the")mplocd cvoifivatc to the Comptroller of Public Accounts, Agreement Between the City of Fort Worth Page 50 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-owned. For Artist and/or Artist's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS Thirty (30) days notice of cancellation or non-renewal. Agreement Between the City of Fort Worth Page 51 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West 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 Worth Page 52 of 52 and Devon Nowlin for Final Design and Commission of Public Art - West Abutment Wall of the Clearfork Main Street Bridge S M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTHIr— COUNCIL ACTION: Approved on 7/12/2011 REFERENCE ** 20ARTWORK-WEST WALL DATE: 7/12/2011 NO.: C-24985 LOG NAME: CLEARFORK MAIN BRIDGE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Final Design and Commission Contract with Artist Devon Nowlin for Public Art to Enhance the West Abutment Wall at the Clearfork Main Street Bridge Near Stonegate Boulevard and Hulen Street in the Amount of$68,865.00 (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 Devon Nowlin for implementation of a public artwork for the west abutment wall of the Clearfork Main Street Bridge in the amount of$68,865.00. DISCUSSION: The Final Design and Commission Contract will enable local artist Devon Nowlin to proceed with final design, fabrication, delivery and installation of a painted metal mural that will be attached to the west 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. Devon Nowlin's design is a narrative depicted through figures using the Trinity River for different purposes and it describes ways the river has been important to Fort Worth's history, including imagery of ranchers, a cyclist and a kayaker. The artwork, which is composed of automotive paint on three large aluminum panels and stretches approximately 12 feet high by 35 feet wide, will adorn the concrete abutment wall that supports the west end of the bridge at the viewing level of the pedestrian bridge. The pedestrian bridge 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(FWPA) Fiscal Year 2011 Annual Work Plan, adopted by City Council on October 26, 2010 (M&C G-17095). This project is being funded by Public Art funds from the 2007 Critical Capital Projects Fund, which includes funding for the Southwest Parkway/State Highway 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. http://www.fortworthgov.org/council_packet/mc_review.asp?ID=15266&councildate=7/1... 9/27/2011 M&C Review Page 2 of 2 M/WBE -The City's overall M/WBE 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 INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 531200 203980010730 $68,865.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Clearfork Main Street- 1 Map 2 Bridge Site 3 Design -West Wall .doc http:Hwww.fortworthgov.org/counci I_packet/mc_review.asp?ID=15266&councildate=7/1... 9/27/2011