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HomeMy WebLinkAboutContract 39135CITY SECRETARY CONTRACT Np, . q 1 a AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CORSON STUDIOS LLC FOR CONCEPTUAL DESIGN OF PUBLIC ART / DESIGN ENHANCEMENTS FOR THE HEMPHILL LAMAR CONNECTOR PROJECT This Agreement, entered into this � day of , 2009, by and between the CITY OF FORT WORTH, a home rule municipal c rporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager and CORSON STUDIOS LLC (the "Artist") of 5707 29th Avenue NE, Seattle, WA 98105, acting by and through Dan Corson, its duly authorized member. The City has designated THE ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc., ("Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Martha Peters, its designated Public Art Director. 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 City is designing and constructing the Hemphill Lamar Connector as a four -lane arterial street from Vickery Boulevard to the intersection of Lancaster Avenue at Lamar Street, providing a direct link under I-30 and the Union Pacific Railroad right-of-way through an "open tunnel" between downtown and the Medical District/Near Southside in Fort Worth, TX, more particularly described in Exhibit "A" attached hereto (the "Site"); and, WHEREAS, the City has allocated funds from the 2004 Capital Improvements Program (Proposition 1) per the Long Range Public Art Plan for the 2004 CIP, for public art associated with this project; and, WHEREAS, the Fort Worth Art Commission has recommended that an Artist participate with the City and the City's project consultant (hereinafter defined) with input from the City and community stakeholders to a develop conceptual design ("Conceptual Design") for public art and design enhancements (the "Work") for the Site; and, OFFICIAL RECORD CITE' SECRETARY FT. WORTH, TIC WHEREAS, the Artist for the public art component of the Site was selected through a competitive process conducted by the Contract Manager and overseen by the Fort Worth Art Commission (the "FWAC") as the basis for executing this Agreement; and, WHEREAS, the Artist has prepared a conceptual design under City Secretary Contract No. 37468, which the City elected not to pursue; and, WHEREAS, the City has requested that the Artist prepare a new conceptual design for review and approval; and, City and Artist wish to set out the terms and conditions under which said Work shall be developed. 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 the Conceptual Design and for providing the Conceptual Design Deliverables, as set forth in Sections 1.3 of this Agreement. 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 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 the City and the Artist. C. Prior to commencing work on the Conceptual Design, Artist shall meet with and seek input from Mayor Moncrief, Mayor Pro Tem Hicks and Council Member Burns ("Mayor's Committee"). In addition, Artist shall meet with the City of Fort Worth's Transportation and R Public Works Department staff and representatives of TransSystems ("City's Project Consultant"), which shall be referred to herein as the "Design Team". d. Artist shall work with the Design Team to explore design enhancements that may be integral to the Project and that may be incorporated into the construction documents as well as elements that Artist would be responsible for fabricating and installing, within the implementation budget, as hereinafter defined. e. Artist shall coordinate with the Design Team to ensure proper integration of the Artwork into the Site and into the construction documents and to ensure that there is sufficient structural support and electrical conduits for the Work. f. 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 assistance are available. The City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. f. Artist shall travel to Fort Worth for design team meetings and presentations as required. Required trips include: i. One (1) trip to Fort Worth, Texas, USA, to present a preliminary concept to the Mayor's Committee and other project stakeholders as determined by the City and to participate in a design team meeting with the Design Team. ii. One (1) trip to Fort Worth, Texas, USA, to make public presentations to the Mayor's Committee, community stakeholders, city staff and the Design Team and to the Fort Worth Art Commission at a regularly scheduled meeting. 1.2 Artist Selection. City and Artist acknowledge that the Artist's qualifications have been reviewed and approved by the Fort Worth Art Commission as the basis for executing this design services contract with the Artist. 1.3 Conceptual Design Deliverables. a. Within two (2) months after the execution of this Agreement, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.3.a. i.—v. (collectively, the "Conceptual Design Deliverables"), to the City for approval of the Conceptual Design. Conceptual Design Deliverables shall consist of the following: Sketches, mockups, technical and budget information, or any other information as may be reasonably requested by the Project Consultants in order to incorporate Artist's conceptual design into drawings, renderings, models, etc., being prepared by the Project Consultant, as applicable. These deliverables shall be forwarded to the Project Consultant in a timely fashion; ii. Two conceptual design illustrations showing the proposed artwork from two vantage points, including a plan view; these illustrations shall be supplied as illustrations of at least 20" x 30" mounted on foam core and/or in a high resolution digital format, such as a PowerPoint presentation; iii. Material or fabrication samples and/or sketches and/or prototype models for the artwork that show the size and placement of the artwork in relation to the Site, as appropriate; iv. Written narrative descriptions, including the concept, dimensions, materials, proposed or potential methods of construction and installation, and maintenance requirements; and, V. Project Budget Estimates on the budget form attached hereto as Exhibit "C" for a total not to exceed $200,000, which shall be inclusive of all phases of the project.; b. Artist shall provide the Conceptual Design presentation materials, with the exception of material samples, to the Contract Manager to become part of the City of Fort Worth Public Art archive. 1.4 Design Review. a. Artist shall present the Conceptual Design to the designated community stakeholder group, Transportation and Public Works Department staff, and City officials for review and input, and to the Fort Worth Art Commission for review and approval; b. The City may require the Artist to make such revisions to the Conceptual Design as the City deems necessary in its sole discretion. c. If the City requires any revisions to the Conceptual Design, the Artist shall incorporate those revisions into the final design in conformance with the City's requirement, which shall become part of the deliverables under the subsequent Final Design and Artwork Commission Contract, if applicable. d. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Conceptual Design is accepted by the City and funding becomes available and is approved by City Council, negotiations for final design, fabrication, delivery and installation of the Work shall commence, which shall become part of the deliverables under the subsequent Final Design and Artwork Commission Contract. 1.5 Implementation Budi4et Total. Artist shall develop a Conceptual Design that is financially feasible relative to the budget for final design and implementation. It is understood that the budget for final design and implementation of the Conceptual Design shall be approximately ONE HUNDRED FIFTY- SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($157,500). This amount shall reflect total costs and shall include all materials, fabrication, delivery, installation, insurance, Artist's fees and travel expenses, and all associated costs for the Work, as well as Artist's participation in an educational event associated with the Fort Worth Public Art program at a mutually agreed upon date. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fee of NINETEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($19,500), which shall constitute full compensation for all services to be performed and materials to be furnished by the Artist under this Agreement (the "Artist's Fee") inclusive of incidental costs and all travel expenses. The Artist Fee shall be paid as follows: a. SEVEN THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($7,800) upon execution of this Agreement. b. SEVEN THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($7,800) within thirty (30) days after the Artist provides the services and deliverables outlined in Section 1.1 and Section 1.3. c. THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($3,900) within thirty (30) days after City notifies the Artist of its approval of the Conceptual Design items required under Section 1.3. (see Sections 1.4 and 1.5). 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 and incorporated herein 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 Exoenses. 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, except as otherwise provided, 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. ARTICLE 3 TERM AND TERMINATION 3.1. Term. This Agreement shall be in effect from the date stated in the first paragraph of this Agreement, 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 willfully or negligently 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. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 3.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) 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 fees for work performed, 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. 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. J 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 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. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General. a. Upon payment in full to Artist, Artist's Conceptual 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 Conceptual Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Conceptual Design for any non- commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Conceptual Design intended to promote or benefit the City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by 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 Conceptual Proposal, upon final approval of the Conceptual 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 the Conceptual 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 Conceptual 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 Conceptual Design 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. ARTICLE 5 WARRANTIES 5.1 Warranties of Title. The Artist represents and warrants that: (a) The Conceptual Design shall be the original product of the Artist's sole creative efforts. (b) The Conceptual 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 Conceptual Design or any element thereof 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; (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 CONCEPTUAL DESIGN BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. THIS SECTION 5.1(F) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. (g) The City shall release and hold harmless, the Artist, his 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 Artist's use or possession of inaccurate information or omissions provided by the City for preparation of this design. This Section 5.1(g) shall survive the expiration or earlier termination 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 Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat 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, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT; 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, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION 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. (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 right or acceptance of defective performance. r 8.5. Govemine 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 Beneficiaries. 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 Maieure. 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 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 anvthing to the contrary herein, this Section 8.13 shall survive expiration or earlier termination of this Agreement. 8.14 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 the City under the City's M/WBE ordinance. ARTICLE 9 EOUAL 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, or familial status. Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation and national origin. 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, or familial status. C. Artist shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of 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. ARTICLE 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 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: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Dan Corson, President Corson Studios LLC 5707 29' Ave NE Seattle, WA 98105 [SIGNATURES APPEAR ON FOLLOWING PAGE.] IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. 7AP ROVED AS TO FORM: 1 r-vv - I(A,ftIvi.,tt v - - F Leann Guzman Assistant ?ty Attorney Date: ��, / CITY OF FORT WORTH Fernando Costa. Assistant Cik Mrager Date: 9//814oi "1 I Corson atuaios LYl1c AjDate: _/ ATTESTED BY: Marty Hendrix City Secretary NO M&C Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A: Site .3 - --) Now -. LIVE z Exhibit B Curriculum Vline DAN CORSON working in the realms of public art, sculpture, theatrical design and arts planning 5707 29'" Ave NE Seattle WA 98105 email: dan@corsonarl.com cell/studio: 206.910.W9 fax: 206-729-8750 web: www.corsonart.com EDUCATION University of Washington. Seattle, WA Masters of Fine Arts in Sculpture 1992 San D' State University, San Diego, CA Bachelor of Arts in Drama emphasis in Design 1966 �kowhepan School of Pqi! ing.and Sculpture, Skowhegan, Maine Skowhegan Scholar 1991 Piichuck Glass Schaal, Stanwood WA Piichuck Scholar 1993, 1994, 1996 SELECTED COMMISSIONS 2007 Interactions/Interruptions instailation, Memphis TN 2006 Puyallup City Hall (multiple projects +design team wk) Puyallup WA Jay Heights, private developer commission, Tacoma WA Burian Town Square Sculpture, Burian WA 2005 Broward Light Project, 3 linked Commissions, Ft Lauderdale, FL Tampa Theatre, 1 yr temp commission, (on hold) Tampa, Florida 2004 Starbucks International Headquarters, (on hold) Commission, Seattle WA 2003 Bellevue City Hall. 2 sculptural commissions & design team work, Bellevvue WA Antennae Reeds, Nordheim Court, scufph,ral commission for UW Student housing, Seattle WA Fiber Optic Reeds, Nordheim Court, sculptural commission for UW Student housing, Seattle WA One Harbour Green Water Feature private Commission, Vancouver BC, Canada Valley Metro Rail, project artist for 4 Light Rail Stations, Tempe AZ 2002 Vashon Waste Water Treatment Facility Design team and public sculpture commission, King County Arts Commission, Vashon Island, WA Big Blue Bus- City of Santa Monica's Bus infrastructure and administrative buildings, design team and public artworks, Santa Monica, CA Wave Rave Cave - public sculpture for the City of Seattle and Seattle City Light Seattle. WA Within Disease and Health- 3 giant (IS' h x 100' long) Public Art Triptychs and exhibit design for the City of Seattle, and Seattle City Light, Seattle, WA 2001 Washington State Capital East Campus Pubic Art Master Plan, design team and 11 public artworks, Olympia, WA completed. 2004 Generation — public sculpture for the City of Seattle and Seattle City Light Seattle WA Rain Drum Courtyard, Cedar River Watershed Visitors Center, North Bend, WA Dendritic Root Floor, Snaking Root Ceiling, Cedar River Watershed Visitors Center, North Bend WA Safety Spires. Operations/ Maintenance Building, Sound Transit Light Rail, Seattle WA OCS Reeds, Light rail Track way improvements, Seattle WA Bangles Light rail Track way improvements, Seattle WA Blue Duwamish Bridge, Light Rail Bridge artwork, Tukwila, WA Shimmering Shadowilnes, Light Rail improvements, City of Seatac, WA 2000 Skagit Streaming - multi- site Public Sculpture and WWW public artwork Seattle, WA Temple of Power- Public Sculpture, Newhalem WA. Newhalem, WA Ocular Portals, Earthwork, signature sculpture and observatory Boundary Hydroelectric Project, Canadian/ Idaho Boarder, Newhalem Earthwork, designed project for Seattle City Light (lost funding) Newhalem, WA Olympia State Capital Portal and Tunnel Design team, master -planning & public artwork sign, Olympia WA (Lost funding) 1999 Sound Transit -LINK (Light Rail System) Design Team lead artist (1 of 4) Arts Master Plan, station design, Cities of Seattle, Tukwilla, Seatac, WA Sound Transit Beacon Hill Station, artist and design team member. Seattle WA 1998 King Street Station - Design Team and 1% Artist Seattle. WA (lost funding) Cheshire Oaks Sculptures Proposal design. Cheshire Oaks Development Chester, England (lost funding) Eastbank Riverfront Park - Design Team Artist with Ellen Solid Portland, OR 1997 Maholapu Floats Environmental InstalladanI Performance Kauai, Hawaii Star Landing Environmental installation, Bumina Man Festival Black Rock Desert, Nevada 1996 Control/ Illumination Site Specific Installation (KCAC Special Project Grant) Seattle, WA 1996 Post -Apocalyptic Mythos (WFS) Environmental Installation, Surnina Man Festival, Black Rock Desert, Nevada 1995 Foundations of Place environmental sculpture Ramanofana, Madagascar 1994 Distillation commission from Art Faire Seattle Seattle WA 1993 Electrically Excited Evacuated Colons Site -specific environmental installation Stanwood, WA lmmuno-environmental Corollary Pt.2 Sr"te-specift environmental installation Vashon Island, WA 1992 Night Fire Swim Site -specify interactive sculptures Skowhegan, ME Milkweed Pod House Site -specific environmental installation Skowhegan, ME Birch Spirit Site-spedfrc sculpture Skowhegan, ME Walk In the Dark of the Moon Environmental interactive installation and rituals �-KUW WJ,!,-1, ME Lake Ring of Fire Site -specific environmental sculpture Skowhegan, ME Technology In Waterscape A site -specific environmental sculpture Skowhegan, ME ice, Flame, State Installation Skowhegan, ME Un Bel DI Site-specitrc interactive installation U.W. Mechanical Engineering Lab, Seattle, WA Enlightenment/ Illumination Site -specific installation Seattle. WA Multl-disciplinary Arts Center Theoretical Architectural Collaboration University of Washington School of Architecture, Seattle WA 1990 High Voltage Illumination Installation Seattle, WA Fire Trough environmental sculpture San Diego, CA Sea Cliff Flames Site specific environmental sculpture San Diego, CA Watermark Site -specific environmental installation Mission Bay, San Diego, CA Mandallal Medicine Wheel Site -sped k environmentai installation San Diego, CA EXHIBITIONS and PERFORMANCE ENVIRONMENTS 2004 Bevond Convention Group Show Fort Worth Community Center Gallery Fort Worth TX Sustainable Connections -Group Show City Space Gallery Seattle WA 2002 Notice of Proposed Land UR Group Show Consolidated Works Gallery Seattle WA Invisible ink- Performance Environments and design concepts, n the Boards, Seattle, WA and touring nationwide. Invaders from Earth- Performance Environments and design concepts, Consolidated Works Gallery and Performance Space, Seattle WA 2000 Goblin Market- Performance Environments and design concepts A Contemporary Theatre, (ACT) Seattle. WA Arts Aflame Solo Show at Harry and David Seattle, WA 1998 "orsehea4jW Group Show - Outdoor Site Specific Exhibition Seattle, WA Sarinas Eternal Group Show Seafirst Gallery Seattle WA Pratt Artist In Residence Exhibition, Group Show -COCA Gallery Seattle, WA DJINN Performance Environments and Development, Sandpoint Naval Base, Seattle WA American Institute of Architects Gallerv, Group Show Seattle, WA 1996 illuminatus Soil Gallery Group show Seattle, WA Dead Group Show Soil Gallery Seattle, WA From Here to There, Group show Bumbershoot Festival- SAC$ KCAC Seattle, WA Seattle Design Commission Gallery Group Show Seattle, WA Healina with the Hvdroiux Solo show Gallery Bohemia Art Prague, Czech Republic Grotto of the Flame Serpent Solo Show Gallery Bohemia Art Prague, Czech Republic 1995 Electric Zen Garden Solo Show Wadi Art Gallery Sydney, Australia Artists in Residence Group Show Pratt School of Fine Arts Seattle, WA 1994 Prints 94 Group Show Pilchuck Glass School Stanwood, WA T_h, g_Gilded Garden of Patcheww Performance Environment Annex 'Theatre, Seattle WA 1993 Sub Rosa Performance Environment and concept development Pioneer Square Theatre, Seattle WA Six by Six, Group Show Stanwood, WA 1992 Installations/Collaborations Group Show Juried exhibition Jacob Lawerence Art Gallery, Seattle, WA The Gift Performance environment and 4 interactive Installations Orcas Community Center, Orcas Island, WA Works in Prouress Group Show Jacob Lawerence Art Gallery, Seattle, WA Comeetition Diomede Group Show part of a traveling exhibition New York, Los Angeles, Paris, London, Moscow, Leningrad 1990 Gaia Pacifica Group Show .buried exhibition forming on water issues Centro Cultural de la Raza, San Diego, CA PLANNING EXPERIENCE 2001 Seattle City Light Arts Masterplan and art implementation (electric utility), Seattle, WA 2000 Washington State Capital East Campus, Art and Landscape master planning, Olympia, WA Washington State Capital Portal and Tunnel Design team, Architecture, Art and Landscape master -planning, Olympia WA Seattle Parks and Recreation Master plan community artist/activist Working with the Master Planning team to identify and initiate innovative projects and interactive opportunities for all of Seattle's park spaces Seattle City Hall Arts (waster plan - community artist/activist. Attended and participated in master planning workshops for the Seattle City Hall 1999 Sound Transit -LINK (Light Rail System) Design Team lead artist (1 of 4) Arts Master Plan, station design, Cities of Seattle, Tukwilla, Seatac, WA Project Budget: $ 10 million for the art budget + construction credits 1998 East Bank Rivertront Park, Arts masterplan with Ellen Solid Portland, OR FELLOWSHIPS, GRANTS, AND AWARDS 2006 NIAUSI Italian Fellowship- 2 months. 2003 Best Public Artwork, Seattle Weekly 2002 Best Public Artwork, Seattle Magazine 2001 Ucross Foindation Fellowship., Clearrmont, WY 1999-02 Seattle City Light Artist in Residence- SAC/ SCL, Seattle WA 1998 Artist Trust GAP (Individual Artists) Grant, Seattle WA 1997 Special Projects Grant Kina Countv Arts Commission, Seattle WA 1996 Artist in Residence. Pratt School of Art, Seattle WA Funded Award, From Here to There exhibition of public art proposals SAC, KCAC, Seattle WA 1994 Special Projects Grant Kina Co �tv Arts Co masio , Seattle WA Art Falre Seattle Public Artwork commission, Seattle'WA Artist in Residence, Pratt S hoot of Art, Seattle WA 1992 Seattle Artists'92 Commission, ,,�rtle Arts Commis%r, Seattle WA 1989 InSite '89 Commission,SUSHI Visual & Performance Art Gallerv, San Diego CA ADDITIONAL DESIGN EXPERIENCE 2006- present Member of the Seattle Arts Commission 2006- present Co -Chair of the City of Seattle Public Art Advisory Committee 1986- present Designed Sets, Lighting, Projections, and/or Costumes for over 100 Productions including; theatre, opera, dance and performance art nationally and internationally. (Ask far theatrical C. V. for details.) 1999 City of Seattle Kiosk Task Force member- a group of designers and artists working with the city to design a information kiosk prototype SELECTED PRESENTATIONS & PROFESSIONAL PANEL DISCUSSIONS 2005 Lecture and Slide Presentations: Public Arts Network National Public Art Pre -Conference, Austin TX NW Perennial Alliance Water Conference, Seattle WA NBBJ, Architects and Planners Public Art Juror, City of Seatac (Airport/ST projects) 2004 Lecture and Slide Presentation NBBJ Architects Seattle WA 2003 Walking the Edges of Creative Space: Grantmakers and the Arts forum and presentations, Seattle WA Presentation and Panel Discussion Artists and their Role in the Design of Civic Space, Grantmakers and the Arts, Seattle WA Lecture and Slide Presentation, Langara College, BC, Canada Public Art Juror, City of Federal Way, WA 2002 Display design team and presentation materials for EcoDesian 612002 Sustainabliity Art +Culture conference, Seattle, WA 2001 Presentation and Panel Discussion and mentoring American Film Institute Streaming Media Conference, LA, CA Presentation and Panel Discussion, Public Art t01, National conference. Seattle, WA Exhibit C: Implementation Budget FM WORTH PUBLIC ART PRWECT BUDGET P1009.00mptet6 this from aril wtach a speed receipt or e±ltt)rJft 4of"*ftjft perurm oft (no kop sum) for all atems desouted wid+ an a0iBko, ARTIST'S FEE (2D%) _ TRAVEL (For artists who live more ftn 50 mlies Irom fort Worth) Airfare Gar Rental ............. Per Diem Expenses at $_ . per day Mileage a: 5 oer mite INSURANCE A,utor'Hired veNcle L.Iabi ty General LlaWity for ArW I Si . . Worker's Comp., Employers Liability - Other, as applicable .................... . . ADIAINISTRATIYE EXPENSES Phone/Fax Deimerg;5hip0ng (tar cor, . i . , samples models. dranw Xp etc) A SerAce Copyright Rogisirall on Supplies PROFESSIONAL CONSULTANT FEES (11 applicable, drawing must be sgned and sealed by a profesaronal registered to praoeoe in the Slate of Texas) Architect' Struchxal Engineer" Electrical EngNw' Cansovalor' Photographer (for documentation of completed work)' ow MATERIALS (Please attach a complete list of malerla►s ltern+xe all anticipatod aspects and "Mponer+ts with per unit cost ostmzatosl Materials` Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by arliel, ) Artist's Labor (_ hours at $_ per hen) Total -- -- - -. . Subccrnracfed labor' (Total) _-- f ablity-Equipment Rerdal (used exclusively for this project) related to fabrication SITE PREPARATION (Do nol Include costs covered by FWPA. Oly of Fort Worth or others) Test Dti*V' Removal' Landscap+VWgaWn` Electrical Modifications' TRANSPORTATION BASEIMOUNTING Water Wprt4'Mechsnical Devices Other' Materials 6a Fabncation So' Finished Work to Installation Site' viper Belie Mann" Devices and Components FowxwioiWFoMing Other INSTALLATION COSTS (Coats must induce allowance tot after hours instaltation. if applicable. Please attach a complete list of ertuipment and individual estimates with this form) Subcontracted tabor' S4Wddinp' Equipment Rental refaced to Irlataftation' Offduty Polioed$aet w Traffic 19ardew Storop Facility Rental' Gi y Permits DiWay Devices Ftreproofmp' Site Restoration' 0&.W* LIGHTING f7eeigners" _ -- Fixbxes' Bulbs' Site "aration' Installation' CONTMENCY 10%of hard costs (Ip to held in artist's hudpet) 10°% of hard costs (to be held by the City) GRAND TOTAL Please rwke any necessary moles hers: Prepared By: Dale: Exhibit D: Sales Tax Exemption TEXAS CERTMCATR OF XXfrM fM I claim an exemption from payment of sales and use taxes for the purrbme of taxable items described below or an the atteebod order or invoice Desca"on of Items (or an attached otdet of im oice) To He Pwdxnod: AD Itetata I claim this exemptiaat for the following teaaom: Name of exempt organitaoem: QV Rf Werth. Tax" Wes raid Me Tax Famlt Nubs 1-73-609012$4 Project fa which materials and applies are poachasc& I undcxst,red hurt I will be liable for payment of sales tax, which may become due for failute to cor*y with the provisions of the state, city, and/or metropolitan traffiit ;rtuhouty sales and use tax laws and camptrolla rules regatdirng exempt purchases t.tability Gov the talc will be detetrniaetl by the pricy paid for the taxable items purcbmed at the fair market rental value for the period of time used. I undetstand met it is a misdemeattor to 13ive an exemption ccrtillicatc to the Sella for taxable items w" I know, at the time of the purchase, will be used in a marmer other than that eapenscd in this certificate and, upon cm,,ictiun, may be fined up to SS00 per of ense Tax Ex anpt Sits Duo to Being a Govetamental Entity Ihuchmer: City of Fact Wtrsh Stag Addtess City, State, lip Code: Fast Wotm. Teams 76102 SignHete:I 10 �r = Date: Q� Mono: C8I71392.8325 trr.mr This catificale does not segwm a number to be valid Sales and use in "mewption nurnbas" at "tart oxetmpt" numbers do not exist This certit%ato should be Aunished to the supplier Do mot send the completed catificste to the Co nptroDea of Pubfic Accounts