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HomeMy WebLinkAboutContract 39876CITY SECRETARY� CONWACT wOe3i231�- AGR FOR DESIGN OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND DAVID HICKMAN nnevind This Agreement, entered into to be effective as of the day of 2010 ("Effective Date"), by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager and DAVID HIC (the "Artist") of 7434 Coronado, Avenue, Dallas, TX 75214. The City has designated THE ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc. (the "Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Michelle Gonzales, its designated Project Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, (the "City Code"), in order 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; and, WHEREAS, the Fort Worth Public Art Program is implementing a community - nominated public art initiative known as "Community ID: Public Art in Neighborhoods" ("CID") per the recommendations and guidelines in the Long -Range Public Art Plan for the Water Fund, as adopted by City Council on May 9, 2006 set forth in the Fort Worth Public Art Master Plan (adopted by City Council in 2003); and, WHEREAS, funds for the project have been allocated from the Public Art Fund, and were included in the FY2010 Annual Work Plan and Budget (approved by City Council on October 6, 2009; M&C G-16725); and, WHEREAS, the Fort Worth Art Commission, on June 8, 2009, approved the review panel's recommendation to award a CID project to the Arlington Heights Neighborhood Association (the "Community Group"); 1 OFFIC AL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, the Community Group proposed to site the CID project at Thomas Place Community Center on 4237 Lafayette Avenue in Fort Worth, TX, 76107, which the City of Fort Worth leases from the Fort Worth Independent School District (FWISD), more particularly described in Exhibit "A" attached hereto and made apart hereof for all purposes (the "Site '); and, WHEREAS, the Artist Selection Panel recommended artist David Hickman to design an artwork (the "Work") for installation at the Site the Fort Worth Art Commission recommended on November 9, 2009; and, WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed. 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 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform all services and will furnish all supplies and materials as necessary for developing (1) The preliminary design concept of the Work ("Preliminary Design Concept"); and (2) The final design of the Work ("Final Design"). Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, scope design, color, size, material, and texture of the Work subject to review and input from the Community Group and approval by City as set forth in this Agreement. c. The specific location at the Site where the Work shall be installed shall be mutually agreed upon by the City, the Community Group, and the Artist, and shall be approved by the Parks and Community Services Advisory Board d. Upon request by the Artist, the City shall promptly furnish all information materials, and assistance required by the Artist to the extent that such materials and 2 assistance are available. The City, upon request by Artist, shall also provide correct drawings of the Site, if available. 1.2. Artist Selection. City and Artist acknowledge that the Artist's qualifications attached hereto and made apart hereof for all purposes as Exhibit "B, ' have been reviewed and approved by the Fort Worth Art Commission on November 9, 2009 as the basis for executing this design services contract with the Artist. 1.3 Preliminary Design Phase Scope of Work and Deliverables a. Prior to commencing work on the Preliminary Design Concept, Artist shall seek input from the Community Group. b. Artist shall provide all services, supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.3(b)i — ii (collectively, the 'Preliminary Design Deliverables' ), to the Contract Manager. Preliminary Design Deliverables shall consist of the following: i. Schematic illustration(s) of the Work design, and a site plan indicating the proposed artwork location at the Site; illustrations shall be approximately 20" x 30" and mounted on foam core and supphed in a high resolution digital format; ii. Presentation by Artist of the Preliminary Design Concept and proposed Work location at the Site to the City and Community Group for input; c. Artist shall provide the Preliminary Design presentation materials, other than proprietary material samples, to the Contract Manager to become part of the City of Fort Worth Public Art archive, as appropriate. 1.4. Final Design Phase Deliverables. a. Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.4(a) i — vi (collectively, the "Final Design Deliverables"), to the Contract Manager. Final Design Deliverables shall consist of the following• i. Two final design illustrations showing the proposed Work from two vantage points with at least one illustration showing the Work's size and 3 placement in relation to the Site; these illustrations shall be approximately 20" x 30" and mounted on foam core and supplied in a high resolution digital format. ii. Plan view illustration showing the location at the Site where the Work shall be installed, for review and approval by the Parks and Community Service Advisory Board iii. Narrative description of the Artist's concept, proposed materials, fabrication methods, timeline for completion, and maintenance requirements for all elements of the Work, along with cost estimates for annual maintenance iv. Comprehensive working drawings detailing the means of installing the Work at the Site, including attachment methods for the Work, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review. These drawings must have a State of Texas -licensed Engineer's and/or Architect's seal as required by City. v. Final budget for the Work with written estimates attached for supplies and services provided by others on the budget form, attached hereto as Exhibit "C,' for implementation of the Work through an Artwork Commission Contract with the City (see Section 1.5). vi. Artist shall present the Final Design to the Community Group and City for review and input and to the Fort Worth Art Commission for approval. b. 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 the City of Fort Worth. These documents, models and/or drawings will be retained for archival and exhibition purposes Artist s Final Design and all other work products under this Agreement shall become the property of City, without restriction on future use (See section 4.1.a). 1.5. 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 shall not exceed FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000), reflecting total costs and inclusive of materials, labor, fabrication, delivery, installation, insurance, Artist's fees, all other associated costs for the Work, as well as Artist's 4 participation in an educational event associated with the Fort Worth Public Art program at a mutually agreed upon date, and a project contingency of 10% of the project's hard costs which shall be held in the Artist's project budget, as well as an additional project contingency of 10% of the project's hard costs which shall be held out separately from the Artist's project budget. 1.6. Design Review. a. The City may require the 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. b. The City may also request revisions to the Final Design for any reason, in its sole discretion. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Final Design Revisions made pursuant to this Section 1.6, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final Design is accepted by the City and funding is appropriated by City Council, negotiations for fabrication, delivery and installation of the Work shall commence, which shall become part of the deliverables under the subsequent Artwork Commission Contract. 5 2.1. Fixed Fee. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE The City shall pay the Artist a fee not to exceed FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) (the "Fee"), which shall constitute full compensation for all services performed and materials furnished by the Artist under this Agreement, inclusive of preliminary and final designs, budget development, and incidental costs. The Fee shall be paid as follows: (a) ONE THOUSAND DOLLARS ($1,000) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary coordination with the Contract Manager and the Community Group. (b) ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) within thirty (30) days after the Artist presents Preliminary Design deliverables. (c) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) within thirty (30) days ,after City notifies the Artist of its approval of the Final Design and the detailed design drawings, working drawings and other items required under Section 1.4. 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. The City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached hereto as Exhibit "D," and will assist Artist in ensuring that appropriate measures are taken so that no sales taxes are charged on services and materials furnished by Artist's vendors. 2.3. Artist's Expenses The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Artist, and the labor costs for Artist's agents, subcontractors, and employees and all other expenses necessary for the proper performance of the services required under this Agreement. 6 ARTICLE 3 PERM AND 'TERMINATION 3.1. Tenn 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, whichever is later. 3.2. Gratuities City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 3.3. Termination for Cause If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default (' Cure Period") If it is not cured during the Cure Period, then this Agreement shall terminate unless the parties agree in writing to an extended Cure Period. Termination of this Agreement under this provision shall not relieve the party m default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 3.4. Termination for Convenience a. The services to be performed under this Agreement may be terminated for convenience by either party, subject to written notice submitted thirty (30) days before termination. b. If the termination is for the convenience of City, Artist shall have the right to fees for work performed, in which event City shall have the right at its discretion to possession 7 and transfer of title to the sketches, designs, original proposal paintings or illustrations, fabrication samples, and models already prepared and submitted or presented for submission to City by Artist under this Agreement prior to the date of termination with all rights granted to City in Section 4 below, but provided that no right to fabricate or execute the Work shall pass to City. 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 pursuant to this Agreement prior to termination. 3.5. 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 Final 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 Section 3.5, City shall have the right to complete the Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. This provision shall survive the termination or expiration of this Agreement. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General a. Upon payment in full to Artist, Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use except as provided below. Artist may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Work intended to promote or benefit the City, its public services or its public purposes, regardless of whether or not a fee is 8 charged to the public, or whether revenue is otherwise received by the City, shall be deemed a non-commercial purpose. b. The City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Design Concept and the Final Design, upon final approval of the Final Design These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Design Concept and Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Design Concept and the Final Design and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: ` © date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Final Design or Work for marketing and promotional purposes in connection with the Artist's business, provided, however, that Artist shall make its best effort to credit City for commissioning the Work whenever possible. e. City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 4.2. Artist's Address The Artist shall notify the City of changes in the Artist's address set forth in Article 10. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce these provisions that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. 5.1 Warranties of Title ARTICLE 5 WARRANTIES 9 The Artist represents and warrants that: (a) The Final Design shall be the original product of the Artist's sole creative efforts. (b) The Final Design 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 or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; (d) Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (e) All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence; and (F) ARTIST SHALL ASSUME THE DEFENSE OF, AND INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE OR POSSESSION OF THE FINAL DESIGN BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. THIS SECTION 5.1(11 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. ARTICLE 6 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the 10 Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between the City and the Artist. ARTICLE 7 INDEMNIFICATION (a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMP 1'ED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DES"1'RUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM 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. 11 (c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. (d) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1. Compliance The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 8.2. 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. 8.3. Amendments No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. 8.4. Waiver No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any nght or acceptance of defective performance. 12 8.5. 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. 8.6. 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 the City and the Artist and their respective successors and permitted assigns. 8.7. No Third -Party Beneficianes The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.8 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. 8.9. Force Majeure It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to 13 such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 8.10. Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 8.11. Fiscal Funding Out If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Artist of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 8.12. Captions Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 8.13 Right to Audit Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work (collectively "Records ') at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 8.13 shall survive expiration or earlier termination of this Agreement. 14 8.14 Certified MAYBE If applicable, Artist shall make its best effort to become a certified Minority/Women Busmess Enterprise (MJWBE) firm with a certifying agency whose certification is accepted by the City under the City's M/WBE ordinance. ARTICLE 9 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 race, color, religion, sex, sexual orientation, national origin, 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 apprenticeship. b. Artist shall state in all solicitation or advertisements for employment placed by or on behalf of Artist that all qualified applicants shall receive consideration for employment without regard to age, disability, 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 City, and shall permit access to its books records, and accounts for purposes of mvestigation to ascertain compliance with such rules and regulations. d. In the event of Artist's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICT F. 10 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 15 have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager s Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: 2. ARTIST David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Vice President Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 David Hickman 7434 Coronado Avenue Dallas, TX 75214 [SIGNATURES APPEAR ON FOLLOWING PAGE ] 16 IN WITNESS HEREOF, the parties hereto have executed this Agreement to be effective as of the Effective Date. APPROVED AS TO FORM: Tyler allach Assistant City Attorney Date: ? /0 CITY OF FORT WORTH Fernando Costa Assistant Cit M pager Date: .3/O ARTIST aeclif David Hickman Date: 2/23 /20/ o Marty Hendrix City Secretary Date: 17 Ss C.? nOwoQOW30O t r, -5\ 3\ 701 0 "ay d 0 �c p o Oef°00 00 pi 0o00000 al kittbrexpik, 01,,FICIiiiL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A: Site Thomas Place Community Center: 4237 Lafayette Avenue, Fort Worth, TX 76107 Are, *OO9ioogI 4 0' 0 :1• J4: a.iUowaij I11 . r Bryce Ave klep data Exhibit B: Artist's Qualifications David B. r] IlAcUSIJLa Y 7434 Coronado Ave., Dallas, i )t 7 52'14 Phone: 2i n.,3 24.03 3: lbhickman@sbcglobal.net - VVebsite: davidbhickman.c;or Born in Gainesville, Texas in 1942. Served in the U.S. Navy and attended Cooke County Junior College and the University of Texas in Arlington. Studied sculpture with Octavio Medellin from 1967-1979. Assisted Octavio Medellin on several large-scale commissions between 1975-1980. In March 1987 resigned as Field Service Coordinator for Surgikos, Inc. (a division of Johnson & Johnson) after fifteen years of service to pursue a full-time career in sculpture. Served on the Board of Directors of the Texas Sculpture Association for three years, and the board of the Dallas Visual Arts Center for six years. Taught wood and stone carving classes at the Creative Arts Center of Dallas for ten years. Works in carved wood and stone, hammered metals, and slumped glass creating and fabricating original designs of his own wort: as well as for architects and designers. Selected by the Texas Commission on the Arts as the Texas State Artist Three -Dimensional category for the year 2004. Selected by the Dallas Chapter of the American Institute of Architects as Artist of the Year 2005. 2008 2006-2007 2005 2002 2000 1998 1997 1996 1995 1994 1993 1992 1991 Arts Assembly of Midland, Midland, TX Art on the Green, Kemp Art Center, Wichita Falls, TX Art in the Park Sculpture Symposium, Lampasas, TX Sculpture in the Garden, Valley House Gallery, Dallas, TX Artistas De Las Americas, Ft. Worth Central Library, Ft. Worth, TX Neiman Marcus Christmas Windows, Downtown, Dallas 50`'' Anniversary Exhibition Texas Visual Arts Assoc., NorthPark, Dallas, TX Ultimate Treehouse Exhibit, Flight of Fantasy, Dallas Arboretum, Dallas, TX Artist in Residence, North Lake College, Irving, TX Critics Choice, D-ART, Dallas, TX Walkup Gallery, Solo Exhibit, Ft. Worth. TX Senses Beyond Sight, Abilene, TX Sculpture in the Garden, Dallas, TX (Best of Show) Face of die Holy -Space of the Holy, Haggar Gallery, University of Dallas Solo Exhibition, DeGolyer House, Dallas Arboretum, Dallas, TX Contemporary Visions Virgen de Guadalupe, Downey, CA Sculpture in the Parks, Lubbock, TX PU1 • L �� CCWil 1 u SS ONS 2008 Kite Dancers, Children's Hospital, Plano, TX 2007 Got You Covered, Fire Station , 40, Dallas, TX The Sky's the Limit, Vivian Stark Park, Frisco, TX Medsu Seating Elements, Bellaire, TX 2006 Wings of Hope, Methodist Hospital, Mansfield, TX Meadow Dancers/fvionarch, Parkland Foundation, Dallas, TX Three mobiles and one ceiling sculpture, Lowe/Tasby Schools, Dallas, TX Vortex-- and Flow, Northwest Service Center, Dallas, TX On the Wind, Tirnberglen Library, Dallas, TX 2005 Oasis, Selected by Bellaire Arts Comrnission, Bellaire, TX 200d Tree of Knowledge, City Hall/Library, Colleyvilie, TX Through the Park, Haggard Park, Plano, TX 19 David B. Hickman - Resume - Page 2 2003 Trajectory, Cedar Crest Golf Course, Dallas, TX Butterfly, Hall Winery, St. Helena, CA Pinwheel, Clyde Zellars Park, North Richland Hills, TX On the Wing, Redbird Airport Entrance Sculpture, Dallas, TX Four Limestone Boundry Markers, Richland Hills, TX 2002 Entry Markers Kinetic Sculpture, City of Irving, TX 2001 Globes of the Earth, Texas A&M, Laredo, TX Thoughts of Sadako, Hockaday School, Dallas, TX Virgin of Guadalupe, St. Bernard's Catholic Church Garden, Dallas, TX 2000 Prairie Falls, Texas Sculpture Garden, Frisco, TX Swimmer 2000, Texas Sculpture Garden, Hall Financial, Frisco, TX Marker Tree, Stainless Steel Sculpture, DART Station, Irving, TX Directions, Sidewalk Inlay, Dallas Nature Center, Dallas, TX Aikido, Addison Circle Development, Post Properties, Addison, TX Guiding Light, Limestone Relief, Martin Weiss Recreation Center, Dallas, TX 1999 Ner-Tamil, Eternal Flame, Emanu-el Mausoleum, Dallas, TX Unitarian Chalice, Glass/Silver, 1" Unitarian Church of Dallas, Dallas, TX A Stage Where Every Man Must Play a Part, Samuell-Grand Ampitheater Entrance, City of Dallas, Dallas, TX 1997 Stone Display Table, Isenberg Residence, Dallas, TX 1996 Gates to Eternity, Emanu-el Mausoleum, Dallas, TX Chapel and Columbarium Light Fixtures 1998 PIA Religious Art and Architecture Design Award (Faith and Form Magazine 1998/Awards Issue) Project Award: Landry & Landry Architects Children's Bible Stories Mobile, Orchard Hills Baptist Church, Garland, TX 1995 St. Michael the Arch Angel, St. Michael's School, Dallas, TX Declaration of Independence, (all the metal work), Dallas Public Library 1996 Texas Society of Architects Design Award (Texas Architecture Magazine/November 1996) 1996 Society of Environmental Graphic Designers Honor Award Project Awards: Max Levy, Architect 1994 Processional Cross. St. Bernard of Clairvaux Catholic Church, Dallas, TX 1991 Team Illusion, Edition #2, Synergen Coporation, Boulder, CO 1989 Proessional Cross, St. Bernard of Clairvaus Catholic Church, Dallas, TX Hammered Bronze Cross, First United Methodist Church, Grand Prairie, TX Team Illusion, Edition #1, Sar-I<o-Par Park, Lenexa, KS 1988 Tabernacle, St. Catherine of Siena Catholic Church, Austin, TX The Lady of Guadalupe, St. Catherine of Siena Catholic Church, Austin, TX PRIVATE COLLECTIONS 2008 Welcome to the Hall Winery, St. Helena, CA 2007 Sky's the Limit, State Fair of Texas, Dallas, TX Meadow Dancers/Monarch #3/25, La Residence, Napa, CA Meadow Dancers/Monarch #4/25, Hall Financial, Frisco, TX 2006 Journey, Mihalopoulous office, Dallas TX 2005 Aikido II, Neeley residence, Dallas TX 2004 Leaf Fountain, Rossi/Russell Collection, Dallas, TX 2003 Leap of Faith, Christina Sada, Monterey, Mexico 1998 Yola, Robin and Trey Herndon residence, Dallas, TX 1998 Sandhill Cranes, Naomi Williams residence, Dallas, TX 1997 Stone Display Table, Isenberg residence, Dallas, TX 1996 Escape, Frances Atwood Collection, Dallas, TX Hearts of Texas, DiFiore Collection, Dallas, TX 1994 Adrift, Pluto residence, DeSoto, TX 20 Exhibit C: Implementation Budget FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt or estimate complete with per un costs (rio lump sums) for all items designated with an asterisk(').' Cost increases must also have awritten estimate attached. ARTISTS FEE (15%) 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 Copyright Registration Supplies PROFESSIONAL CONSULTANT FEES (If applicable, drawing must be signed and sealed 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 Cost Increases: Projected Increase in Cost Materials 12 Months In Future 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 Cost Increases: Projected Increase in Cost Fabrication 12 Months In Future SITE PREPARATION (Do not include costs covered by FW PA, City of Fort Worth or others) Test Drilling' Removal' Landscapingnrrigation' Continued - Exhibit C: Implementation Budget Form Electrical Modifications' Water Work/Mechanical Devices Other Cost Increases: Projected Increase in Cost Site Preparation 12 Months In Future TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site` Other' Cost Increases?: Projected Increase in Cost Transportation 12 Months In Future BASEIMOUNTING Base Mounting Devices and Components Foundation/Footing Other Cost Increases: Projected Increase in Cost Mounting/Footing 12 Months In Future INSTALLATION COSTS (Costs must include allowance for after hours Installation, if applicable. Please attach a complete list of equipment and individual estimates with this form) Subcontracted Labor Scaffolding' Equipment Rental related to installation` Off -duty Police/Security' Traffic Barriers' Storage Facility Rental' City Permits Display Devices Fireproofing' Site Restoration' Other' Cost Increases: Projected Increase in Cost Installation 12 Months In Future LIGHTING Designers' Fixtures* Bulbs* Site Preparation` Installation' Cost Increases: Projected Increase in Cost Lighting 12 Months In Future GRAND TOTAL (Including projected cost Increase, If any) Please make any necessary notes here: Prepared By: Date: Exhibit D: Sales Tax Exemption NS C'ERT! '! h1; JQN. I t`:1:1 k "t11 l'lt.lnpticln ft tnl pad n3ent 1r 114k' it Ail use taxes 01 s de s €ibrd binvcr€ec• this cumin t t7n lot the tit c;ccmpt nrtianiz 1 under .tand tttaE l wi[t l : liablc failttm4 to ccimply with the previsions nt the state•, a ailamity anduse tax 1and c+ampttollcr n3 liability lot 11rc 1<tx win be detetlntlted by the } rice paid for tfic i or the fait market 1enla vat. t� ft?1 rite period of time uscx3- 1 r1n ict st:ntr [31a1 11 i,s t nitsdea vhich t kr51 It tt3 that expcnsca in this; ee Strt 31 t xcmpt. 12111s l7 tc to F_;[ VI. all ±1. cmption cc: se, will be vt did. 1 apt sale .tax. which ssi 3�= h ramc due. 1 t fin 'het 1teI atrrt use tato uid.l,c tt titr.:licdi to th Wu ?ni.ier IDe nut send the caimlcteci cccatihaale 1