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HomeMy WebLinkAboutContract 31310 CITY SECRETARYI r�l CONTRACT NO. !` AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BENITO HUERTA FOR DESIGN OF ENHANCEMENTS FOR CITY OF FORT WORTH PARKS This Agreement, entered into this day of� b�IJU ' 2005, by and between the CITY OF FORT WORTH, a municipal corporation, to ated in Tarrant, Denton & Wise Counties, Texas, (the "City") acting by and through its duly authorized City Manager or his/her designee and BENITO HUERTA (the "Artist"), residing at 1128 West Park Row Drive, Arlington, TX, 76013. 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, allocated in the 2004 CIP, are funds for artist fees and costs related to the production of artwork for PARKS AND COMMUNITY SERVICES DEPARTMENT (PACSD) and their facilities (the "City Facilities") through the Public Art project account; and, WHEREAS,the Artist was selected through the Fort Worth Public Art Program in accordance with the administrative policies and procedures set forth in the Fort Worth Public Art Master Plan (the "Master Plan") duly adopted by City Council on September 30, 2003, with the oversight of the Fort Worth Art Commission, to develop a catalog of design enhancements (the "Work") for incorporation into City of Fort Worth parks facilities; and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be designed; 1r 02-07-05A08 :52 RCVD NOW, THEREFORE, the 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. Artist shall work collaboratively with the PACSD staff in order to develop a catalog of design enhancement options. In addition to those services listed in this Article, the scope of services required and expected of the Artist shall include any services listed in the Request for Qualifications, attached and incorporated into this Agreement as Exhibit «A„ b. Artist shall perform the following services: i. Tour park sites included in the 2004 CIP. ii. Review PACSD standard features, including but not limited to playscape features, benches, water fountains, picnic tables, paving, shade structures, mow edges, signage, lighting, and fencing. iii. Review new plans for park sites currently in design phase. iv. Develop criteria and select at least 2 Fort Worth-area artists from the Fort Worth Public Art Artist Registry with no previous design team experience to mentor and participate as team members. v. Participate in design sessions and meetings with PACSD design staff as needed. 2 vi. Meet PACSD Small CIP construction staff to determine their possible role in implementation of projects. vii. Develop a menu of options as follows: 1. Integral Design Enhancements: • Artist fabricated and installed (surface treatments or in leave outs) • General Contractor fabricated and installed (in Construction Documents) 2. Stand-Alone Design Enhancements: • Artist fabricated and installed (with no General Contractor involvement) • General Contractor providing infrastructure (in Construction Documents) viii. Develop a copyright-free insignia design that may be incorporated into public art and other PACSD projects. ix. Recommend a pool of local artists from the Fort Worth Public Art Artist Registry for implementation of future projects based upon developed criteria, review of qualifications and interviews. x. Prepare a manual, in both electronic and printed formats, for future artists' use that includes technical approaches, suggested materials, maintenance considerations and methods of community involvement. xi. Make public presentations of schematic designs at 2 locations to be arranged by the City in order to get public input. xii. Present a preliminary report and schematic desilans during at least 2 separate meetings with the Pa k9 Advisory Board and to the Fort Worth Art Commission for feedback. C. Artist shall perform the services and furnish all supplies, materials, and equipment necessary to provide the following deliverables for approval by the City, as follows: i. Preliminary written report and schematic designs. ii. Final written report with complete budget estimates for each Design Enhancement option (see Section 1.l.b.vii. of this Agreement). iii. Final design drawings illustrating integral design enhancements: 1. Artist fabricated/ installed elements - including both scale drawings and renderings in electronic format. 2. Drawings that the PACSD may incorporate into their construction documents. iv. Final design drawings illustrating stand-alone design enhancements: 1. Artist fabricated/ installed elements including both scale drawings and renderings in electronic format. 2. Drawings that the PACSD may incorporate into their construction documents (for General Contractor provided infrastructure). v. Prototype models and material samples, as appropriate. vi. Pre-qualified list of artists from the Fort Worth Public Art Artist Registry for future projects and manual. 4 d. If the City selects any of the Artist's designs to be fabricated and installed by the general contractor, the City shall be responsible for incorporating Artist's designs into construction documents for integral elements and stand alone elements that are to be fabricated and installed by the general contractor. 1.2. Artist Selection. City and Artist acknowledge that the Artist's Qualifications attached and incorporated as Exhibit "B" have been reviewed and approved by the Fort Worth Art Commission as the basis for executing this Contract with the Artist. 1.3. Design Review. a. Within two (2) months after the execution of this Agreement, the Artist shall prepare and submit to the City a preliminary written report and schematic designs for enhancements described in Section l.l.c.i. of this Agreement for review and comment by the City; b. Within four (4) months after the execution of the Agreement, the Artist shall prepare and submit to the City a final report and all deliverables specified in Section I.l.c.ii-vi of this Agreement for review and approval by the City. C. The City may require the Artist to make such revisions to the designs as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the City Facility for reasons of safety and security. d. The City may also require revisions to the designs for other practical, non-aesthetic, reasons. e. Within thirty (30) days of its receipt of the Artist's submission pursuant to this Section 1.3 of this Agreement, the City shall notify the Artist of its approval, or disapproval, of such submission and of all revisions made in the Proposal as a result thereof. Revisions made 5 pursuant to this Section 1.3 approved by the City become part of the Work. f. If the aforementioned submission or any required revision is disapproved by the City, the Artist shall have thirty (30) days to resubmit the materials in conformance with the City's requirement. If resubmitted materials are not approved by the City at this point, this contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of FIFTY-FOUR THOUSAND FOUR HUNDRED TWENTY DOLLARS AND NO CENTS ($54,420), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The fee shall be paid in the following installments, expressed as percentages (or portions) of such fixed fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Twenty-five percent (25%) within thirty (30) days after the Artist completes the tasks listed in Section 1.1 b. i — vi of this Agreement. b. Twenty-five percent (25%) within thirty (30) days after the Artist completes the tasks and submits the preliminary report and designs referenced in Section 1.l.b.vii-xi of this Agreement. C. Fifty percent (50%) within thirty (30) days after the Artist submits the final report and other deliverables referenced in Section 1.1.e. ii-vi of this Agreement. 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 the 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 "C", for use by Artist in the fulfillment of this Agreement. 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, except as otherwise provided, and the labor costs for Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS 3.1. General. a. The City shall take title to all documents, drawings, prototype models, material samples, etc., which constitute or are components of the Work, upon final approval of the Proposal. The City may loan original drawings, prototype models, etc., to Artist for the exhibition purposes at times and with durations mutually agreed upon. b. Due to the collaborative nature of this project, the City and Artist shall jointly reserve every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Work and accompanying materials for any municipal commercial or non-commercial purpose. The Artist may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Work and accompanying materials for non- commercial purposes. All reproductions by either the City and/or the Artist shall contain a credit to the City and Artist and a copyright notice 7 substantially in the following form: "© date, Artist's name and the City of Fort Worth." 3.2. Artist's Address. The Artist shall notify the Parks & Community Services Department of changes in address. 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. 3.4. Right to Complete. After the City has paid all sums due under this Agreement, the City shall have the right to fabricate and install the design enhancements produced under this contract at its discretion. ARTICLE 4 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 officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Artist, his officers, agents, employees and subcontractors, and the doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 5 CONTRACT MANAGER The Contract Manager for this Agreement shall be the Parks & Community Services Department. The Contract Manager shall periodically update the Public Art Director of the Arts Council of Fort Worth & Tarrant County, Inc., as to the status of this contract. 8 ARTICLE 6 EQUAL OPPORTUNITY a. The Artist shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The 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. The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. b. The Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. C. The 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 the Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Artist may be debarred from further agreements with the City of Fort Worth. ARTICLE 7 MWBE PARTICIPATION Artist agrees to comply with Fort Worth City Code Chapter 20, Article 10, governing minority and women business enterprises. Artist acknowledges its commitment to meet the 10% MWBE participation for minority business enterprises (MBE) and/or women business enterprises (WBE) in this City contract. 9 MBE/WBE participation was part of the evaluation criteria used in the award of this Contract; therefore, failure to comply shall result in a breach of this contract and may result in being barred from City work for a period of not less than one year. Artist agrees to furnish documentation of MBE/WBE participation deemed proper by the City of Fort Worth. Further, upon request of the M/WBE office, Artist shall submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the City to withhold payment from the Artist until such compliance is attained. ARTICLE 8 INDEMNIFICATION The Artist agrees to defend, indemnify and hold the City, its officers, agents, servants and employees, harmless against any and all claims, lawsuits, actions, costs and expenses of any kind, including but not limited to, those for property damage or loss (including alleged damage or loss to Artist's business and any resulting lost profits) and/or personal injury, including death, that may relate to, arise out of or be occasioned by (i) the Artist's breach of any of the terms or provisions of this Agreement or(ii) any negligent act or omission or intentional misconduct of the Artist, its officers, agents, associates, employees, contractors or subcontractors, related to the design of enhancements for the City of Fort Worth Parks or the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Artist and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas, nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of Texas. 10 �, ARTICLE 9 MISCELLANEOUS 9.1. Compliance. The Artist shall be required to comply with Federal, State and City statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 9.2. Entire A reement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9.3. 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. 9.4. 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. 9.5. 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 such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 1 Al 9.6. 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. 9.7. 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. 9.8. Duration. The services to be required of the Artist set forth in Article I shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1.3.; provided, however, such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 9.9. 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. 9.10. GoverninjZ 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. 9.11. 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 Artists and their respective successors and permitted assigns. 12 9.12. 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. 9.13. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 9.14. Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the design enhancements for the City parks (collectively "Records") at any time during the Term of this Agreement and for one (1) year thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for one (1) year thereafter, the Artist shall make all Records available to the City on 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 9.14 shall survive expiration or earlier termination of this Agreement. 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: 13 _1. . Li 1. CITY OF FORT WORTH: Libby Watson, 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 Parks & Community Services Department ATTN: Harold Pitchford 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST: Benito Huerta 1128 West Park Row Drive Arlington, TX 76013 14 DEADLINE:August 16, 2004 I 2VLj&A VAO FORT WORTH PUBLIC ART REQUEST FOR QUALIFICATIONS PARKS DESIGN ENHANCEMENTS ARTIST-IN-RESIDENCE Fort Worth Public Art invites professional artists living within a 50-mile radius of Fort Worth with design team and, preferably, community-based project and artist selection experience, to submit qualifications for a residency in the Parks & Community Services Department. Background Over the next 6 years, the Parks & Community Services Department (PSC)will renovate or replace 36 playgrounds, 3 trail bridges, 10 walks/trails, 13 competitions athletic fields, 11 ball field lighting systems and develop 13 reserve park sites throughout Fort Worth, each with numerous functional elements that lend themselves to design enhancements, such as entryways, signage, landscape features, concrete mow edges, sidewalks, benches, picnic tables, shade structures, drinking fountains, and so forth. Design enhancements could make each park unique and reflective of the natural and cultural history of each individual neighborhood, as well as Fort Worth as a whole. The Parks & Community Services Department suggests, "This is Fort Worth", be the overarching theme to conceptually and visually link the park system. Project Description In order to develop the full range of possibilities in terms of sites, materials, thematic approaches, and community participation options, an artist with design team experience shall be identified to work as a "Design Enhancement Artist-in-Residence" in the Parks & Community Services Department. Working collaboratively with PCS in-house designers, the Design Enhancement Artist shall conduct research, gather public input, and select and involve 2 diverse Fort Worth- based artists (no previous public art experience required)from the Fort Worth Public Art Artist Registry in the design process. The Design Enhancement Artist shall be responsible for developing conceptual drawings and narrative descriptions, prototypes and site recommendations that would become a "catalog" of options from which neighborhoods may choose, including some that could be fabricated and installed by the PSC capital construction team and/or the general contractor. It is anticipated that the Design Enhancement Artist and her/his artist team may be engaged to implement some initial projects under a separate contract. In addition, the Design Enhancement Artist shall recommend a pre-qualified list of local artists to execute future design enhancements for specific park projects for the Fort Worth Art Commission's review and approval. Project Budget Approximately$275,000 (2004 CIP Proposition 2) has been earmarked for the design and implementation phases of this project. The Design Enhancement Artist's fee shall be negotiated based upon their specific scope-of-work and shall not exceed 15% of the total project budget. The Design Enhancement Artist shall be responsible for negotiation subcontracting agreements with the artists on her/his team. Design Enhancement Artist Eligibility Professional artists living within a 50-mile radius of Fort Worth with design team and preferably, community-based project and artist selection experience, is eligible to submit qualifications. The artist must have experience or knowledge of various durable materials, such as metal, stone, ceramics, concrete, etc., as well as knowledge of fabrication techniques and standard construction practices. The artist must be available to s end 16— 20 hours per week at Pa EXHIBIT A I DEADLINE: August 16, 2004 Community Services Department facilities for at least 3 months in addition to time spent in the studio and conducting research. Artists currently under contract with the City of Fort Worth Public Art Program,employees of the City of Fort Worth and their spouses, employees of the Arts Council of Fort Worth& Tarrant County and their spouses,students,and members of the Fort Worth Art Commission are ineligible. Submission Requirements Design Team Artist-in-Residence applicants must submit the following by August 16, 2004: 1. A letter of interest describing relevant experience and approach to the project, including proposed methods for gathering community input and criteria for the selection and proposed involvement of 2 diverse Fort Worth-based artists (1-2 typed pages). 2. Three professional references (1 typed page). Individuals with whom you have worked on design teams or other public art projects are preferred. 3. Your Fort Worth Public Art Artist Registry"file. 'In order to be considered for this project, either as the Design Team Artist-in-Residence or as a prospective team member, you must join the Fort Worth Public Art Artist Registry by August 16, 2004. Complete application information is available online: www.fwpublicart.org/artistregistry.pdf If you have already joined the Fort Worth Public Art Artist Registry, please call 817-732-2360, Ext. 27 to confirm that your file is complete and to make arrangements to have it pulled. Artist Selection Process The Fort Worth Art Commission's appointed selection panel, composed of arts professionals, PCS Department and community representatives shall review the qualifications of all artists who submit complete applications by the deadline and meet the minimum qualifications in order to select finalists. A second meeting shall be convened to conduct interviews and to make a final recommendation. The Fort Worth Art Commission (FWAC) shall review the recommendation and, upon approval, a Mayor& Council Communication to authorize contract negotiation and appropriate the budget shall be prepared. The Design Team Artist-in-Residence contract shall be between the artist and the City of Fort Worth, with the Arts Council of Fort Worth &Tarrant County, Inc., as contract manager. The City of Fort Worth reserves the right to reject any or all responses to the RFQ, to advertise for new RFQ responses, or to accept any RFQ response deemed to be in the best interest of the project. The RFQ does not commit the City to pay for any costs incurred in the submission of a response to this RFQ or for any costs incurred prior to the execution of a final contract. Important Dates (Subject to Change) Artists' Deadline for Submissions August 16, 2004 Finalists' Interviews TBD—late August Art Commission Approval September 1, 2004 City Council Authorizes Artist's Contract TBD—early September Residency Period September—November 2004 Questions? Please submit questions via email to: talkto@fwpublicart.org (with "Parks RFQ" in the subject line). Questions and responses shall be posted on our website for everyone's benefit. Mailing/Delivery Address (Submissions via email or fax shall not be accepted): Fort Worth Public Art 1300 Gendy Street Fort Worth, TX 76107 Fort Worth Public Art is a City of Fort Worth program to create an enhanced visual environment for Fort Worth residents, commemorate the city's rich cultural and ethnic diversity, integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality -t through the artistic design of public spaces.The Arts Council of Fort Worth and Tarrant County,manages the rogram. 8.16.04 Benito Huerta Flying Chalupa Productions Letter of Interest I am an artist and curator, thus one who works alone in the studio creating work and one who works with other artists trying to allow their work to be seen in the best context as possible and educating the public about the work through the exhibition. I have been part of design teams in either as a participating artist or as the team leader. Working with others can be a very positive experience for everyone, since the burden on the project is on everyone and that the ideas come from everyone. The Fort Worth Public Art organization would act as a conduit between the design team and the immediate public it is serving. Looking for debate and input from the various entities that could come up with a myriad of ideas. Ultimately, it is the design team that has to come up with definitive strategies of incorporating art and identity to the parks program throughout the city and provide future possibilities for art's interaction with the public. Take care, Benito Huerta EXHIBIT_` M _ ._ Benito H u e r t a FLYING CHALUPA PRODUCTIONS 1128 West Park Row Drive Arlington, Texas, 76013 Telephone: 817. 275. 1690. Fax: 817. 275. 1694. E-mail: bhuerta@uta.edu Born: April 30, 1952, Corpus Christi, Texas B.F.A., University of Houston, Houston, Texas M.A., New Mexico State University, Las Cruces, New Mexico ONE PERSON EXHIBITIONS 2003 Inked & Pressed: Prints by Benito Huerta, Tyler Junior College Wise Auditorium Art Gallery, Tyler, Texas. 1991-2003: Soundings, (Catalogue) Art Museum of South Texas, Corpus Christi, Texas. Zuma: Monoprints, William Campbell Contemporary Art, Fort Worth, Texas 2002 Blind Faith - Texas Legend of the Year Award Exhibition, Catalogue, Dallas Center for Contemporary Art, Dallas, Texas 2001 Illuminations, New Works Space, McKinney Art Contemporary, Dallas, Texas 2000 Divas, Destruction and Depravity, Parch man-Stremmel Gallery, San Antonio, Texas 1999 Fin-de-Si6c Ie, MD Modern Gallery, Houston, Texas Aneurysm, The Mutation, M.S.0 Gallery, Texas A& M University, College Station, Texas Untitled Opera, Southwest Texas State University, San Marcos, Texas 1998 Arc de Papel, Mosaics Gallery, Dallas Visual Art Center, Dallas, Texas 1997 Cast of Characters, Lynn Goode Gallery, Houston, Texas axis mundi, Bath House Cultural Center, Dallas, Texas. Curator: Terri Aguilar Big Paintings and Books, Guadalupe Cultural Art Center, San Antonio, Texas. Curator: Kathy Vargas 1996 In From the Cold, Lynn Goode Gallery, Houston, Texas Aneurysm, The Sequel, Glass Gallery, University of Texas at El Paso, E1 Paso. Texas. Curator: Mark Alexander. Works on Paper, Sid Richardson Gallery, University of Texas at Brownsville, Brownsville, Texas 1994 Sin Titulo, University of Virginia, Charlottesville, Virginia Benito Huerta: Preserve, Negate, Transcend, (12 Year Survey; Catalogue), University Museum, Arizona State University, Tempe, Arizona. Curator: Heather Lineberry Dicere Totis in Linguis, 1974 - 1994, Mexic-Arte Museum, Austin, Texas 1993 Aneurysm, Lynn Goode Gallery, Houston, Texas Temores y deseos, Galeria Sin Fronteras, Austin, Texas 1991 East Fifth Street, Wellington B. Gray Gallery, East Carolina University, Greenville, North Carolina 1990-93 Attempted, Not Known, (Brochure), Perspectives Gallery, Contemporary Arts Museum, Houston, Texas; University of North Texas Gallery, Denton, Texas; Nelson Atkins Museum of Art, Kansas City, Missouri; Transition Gallery, Idaho State University, Pocatello, Idaho; Center For Cultural Arts, Gadsen. Alabama; Bridge Center For Contemporary Art, El Paso, Texas; San Jose Museum of Art, San Jose, California; Nebraska Museum of Art, Kearney, Nebraska; Amarillo Art Center, Amarillo, Texas. Curator: Marilyn Zeitlin 1990 Benito Huerta (Rumblings), Galeria Sin Fronteras, Austin, Texas 1989-90 Attempted, Not Known, (Brochure), Artists' Space, New York, New York. Selected by Marilyn Zeitlin GROUP EXHIBITIONS 2003 The Bridge: Bad Konigshofen and Arlington, Arlington Museum of Art, Arlington, Texas. Curator: Rachel Bounds New Works on Paper: Benito Huerta and Frank X. Tolbert, David Berman Gallery, Austin, Texas Beyond the Academy: Encouraging New Talent, Texas Fine Arts Association, Austin, Texas; Galveston Art Center, Galveston, Texas. Curator: Erina Duganne Reactions, Alyce de Roulet Williamson Gallery, Art Center College of Design, Pasadena, California; Exit Art, New York, New York DejA vu: John Hernandez and Benito Huerta, The Grace Museum, Abilene, Texas. Curator: Charlene Rathburn Holga in Germany: Photographs by Rachel Bounds, Benito Huerta, Celia Munoz, Jennifer Stark, and Nicholas Wood, Vorgeschichtmusuem Grabfeldgau, Bad Konigshofen, Germany Burning Desires: Acquistions 1997-2001, El Paso Museum of Art, El Paso, Texas Modalities of the Visible: A Survey of Contemporary Art in North Texas, New Forum Gallery, Brookhaven College, Farmers Branch, Texas. Curator: David Newman 2001-2002 Salvajes, Locos, Ninos y Poetas, Homenaje a Corral Bracho, Casa de la Tomasa Valdes, Mexico City, D.F., Mexico; Exconvento de San Lorenzo, Instituto Politecnico Nacional, D.F, Mexico; Centro Cultural Jose Marti, Cuidad Nezahualocyotl, Estado de Mexico; Casa de la Cultura, Chignahuapan, Puebla, Mexico; University Center E.H. Hereford Art Gallery, University of Texas at Arlington, Texas. Curator: Raquel Olvera 2001 The Power of Place, Finesilver Gallery, San Antonio, Texas. Curator: Connie Arismendi In Remembrance, Anton Gallery, Washington, D.C. Holga in Germany: Photographs by Rachel Bounds, Benito Huerta, Celia Munoz, Jennifer Stark, and Nicholas Wood, Arlington Museum of Art, Arlington, Texas. Five Star Texans, Adair Margo Gallery, El Paso, Texas Hecho en Austin: Serie Print Project, Polk Museum of Art, Lakeland, Florida Art on the Go, Museum of Fine Arts, Houston, Texas Printworks 2001, Seattle Arts Commission Gallery, Seattle, Washington Exhibicion de Obras de Artistas de Texas, EEUU, Galeria Aqustin Barrios del Centro Cultural Paraquayo Americano, San Lorenzo, Paraquay Within Sight: Work by Contemporary Arlington Artists, Arlington Museum of Art, Arlington, Texas Recent Acquisitions: The Serie Print Project, Mexic-Arte Museum, Austin, Texas Exposicion de Litografias del Taller Lawrence, Museo de Arte e Historia del INBA de Cd. Juarez, Chihuahua, Mexico. Curator: Rosa Elva Vasquez 2000 Signing: Text Related Works by Benito Huerta, Tierney Malone and Matthew Sontheimer, Four Walls, Fort Worth, Texas Cultura Hispanica: Selections from the Permanent Collection, Art Museum of South Texas, Corpus Christi, Texas 2 Earth and Fire: Contemporary Ceramic Sculpture, San Antonio Museum of Art, San Antonio, Texas Twenty -Five Years: A Celebration of the University Art Gallery's Permanent Collection, University Art Gallery, New Mexico State University, Las Cruces, New Mexico Contemporary American Prints: Selections from the Permanent C o 11 e c t i o n, El Paso M useum, EI Paso, Texas. Hecho en Austin: The Serie Print, Individual Artists of Oklahoma Gallery, Oklahoma City, Oklahoma Hecho e n Austin, South Broadway Cultural Center, Albuquerque, New Mexico Hecho en Austin: Serie Print Project, Unversity of Texas at Edinburg, Texas Hi-Jinx, Arlington Museum of Art and University of Texas at Dallas, Arlington and Richardson, Texas. Curators: Joan Davidow, John Pomara and Sean Slattery Pattern Language, David Berman Gallery, Austin, Texas 1999 Drawn Across the Century: Highlights from the Dillard Collection of Art on Paper, (Catalogue) Weatherspoon Art Gallery, Greensboro, North Carolina Recent Acquisitions, Museum of Texas Tech University, Lubbock, Texas PUBLIC ART 2003 A Collaborative Project: International Peace Monument for Arlington, Gene Allen Park, Arlington, Texas. To be completed in July 2003 2002-3 North and South Platform APM Stations, Dallas-Fort Worth Airport - International Terminal, Fort Worth, Texas. Preliminary design accepted. 2002 Mexican-American Cultural Center, Austin, Texas. In Progress. Airport Gate FIoor Medallion, Dallas-Fort Worth Airport - International Terminal, Fort Worth, Texas. Designed completed and accepted. Jenard Gross Elementary School, Collaboration with John Hernandez, Houston, Texas. Completed and installed. Eyesore or Artwork? Seven Conceptual Solutions to Tornado-Battered Bank One Building, Commissioned by the Fort Worth Star-Telegram, Fort Worth, Texas. Writer and Curator: Liz Stevens. Conceptualization completed. 2001 The Bridge: 50" Anniversary of Sister Cities of Bad Konigshofen and Arlington, Monument in Arlington Park, Bad Konigshofen, Franken, Germany. A collaboration between Bad Konigshofen artists and Arlington artists. Completed. 2000-2004 Houston Metropolitan Transit Authority Light Rail Station Design Project: Medical Center, in association with PDG Architects. Houston, Texas. In construction 1998-2002 Dallas Area Rapid Transit Station Design Project: Arapaho Station, Richardson, Texas. Opened last July. 1998 Latino Cultural Center Public Art Project, Dallas, Texas. (Finalist) 1997-2003 Convention Center Expansion Project: Public Art Program, San Antonio, Texas. To be completed this spring - 2003. LECTURES, PANELS AND RESIDENCIES 2002 The Year in Review, 2002 Americans for the Arts Annual PreConference, Nashville, Tennessee. Presenter Texas Curators' Roundtable, Austin Museum of Art, Austin, Texas 3 j What Artists Want, 2002 Annual Meeting of the Texas Association of Museums, Lubbock, Texas. Chair of panel. Who Are You Kissing Now, 2002 Annual Meeting of the Texas Association of Museums, Lubbock, Texas. Panelist. Artist Selection Panel for Town Lake Park Fountain/Plaza Public Art, Art in Public Places, Austin, Texas 2002-2004 Vice-President - Board of Directors, ArtLies, Houston, Texas 2001-2002 The Steering Committee for the Greater Fort Worth Cultural Plan, Arts Council of Fort Worth and Tarrant County, Fort Worth, Texas 2001 Creating a New World: Art and Literature of the Hispanic Americas, Artist Panel, Dallas Museum of Art, Dallas, Texas 2000-2001 Artist Selection Panel for the Dallas Police Headquarters Public Art Projects, Office of Cultural Affairs, City of Dallas, Texas PUBLIC COLLECTIONS Albuquerque Museum of Art, Albuquerque, New Mexico, 1999 American .Airlines, Admirals Club, DFW Airport, Arlington, Texas, 2000 Art Museum of South Texas, Corpus Christi, Texas, 1996, 1998, 2000 Art Museum of Southeast Texas, Beaumont, Texas, 1991 A. H. Belo Corporation, Dallas, Texas, 1999 Colegio de la Frontera Norte, Tijuana, Mexico, 1994 Corpus Christi Public Library, Corpus Christi, Texas, 1987 Crowley, Marks and Douglas, Houston, Texas, 1990 E1 Paso Museum of Art, El Paso, Texas, 2000 Hiram Walker, Inc., Windsor, Canada, 1988 Hispanic Research Center, Arizona State University, Tempe, Arizona, 1997 IBM, Austin, Texas, 1983 Library of Congress, Washington, D.C., 2002 Menil Collection, Houston,Texas, 1982 Museum of Fine Arts, Houston, Texas, 1989, 1995 Museum of Texas Tech University, Lubbock, Texas, 1998 Polk Museum of Art, Lakeland, Florida, 2001 Ritz-Carlton, San Juan, Puerto Rico, 1997 Seattle Arts Commission, Seattle, Washington, 2001 Southwestern Bell Corporation, San Antonio, Texas, 1994 Sheldon Museum of Art, University of Nebraska, Omaha, Nebraska, 1998 Spencer Museum of Art, Lawrence, Kansas, 1998, 1999 United Energy Resources, Houston, Texas, 1982 University Art Gallery, New Mexico State University, Las Cruces, New Mexico, 1989, 2000 University of Arizona Art Museum, Tucson, Arizona, 2002 University of Texas at San Antonio, San Antonio, Texas 2003 University Museum, Arizona State University, Tempe, Arizona, 1993 Weatherspoon Art Gallery, University of North Carolina at Greensboro, 1995 AWARDS, FELLOWSHIPS and GRANTS 2002 Legend of the Year - Artist, Dallas Center of Contemporary Art, Dallas, Texas 2001-2002 Curatorial Texas Studio Visits Grant, Texas Commission of the Arts, Austin, Texas 2001 Assistance League of Houston, Honorable Mention, Houston, Texas 1990 Mid-America Art Alliance NEA Regional Fellowship, Kansas City, Missouri 4 Benito Huerta Flying Chalupa Productions References Jeff Stewart, HKS Inc. Project Manager DFW CDP Satellite Office PO Box 612008 3003 S. Service Road DFW Airport, Texas 75261 972. 586. 5677 Martha Peters Public Art Department Arts Council of Fort Worth and Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 817. 732. 2360 Dwayne Mollard PDG Architects 3100 Weslayan Street, Suite 200 Houston, TX 77027 713. 629. 6100 R TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items (or an attached order or invoice) To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth, Texas 76102 Sign Here: Date: 2 D 3 Phone: (817) 871-8517 J -Cs R.Keyes,Director Finance This certificate does not require a number to be valid. Sales and use tax "exemption numbers" or"tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. EXHIBIT D 9 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/18/2005 DATE: Tuesd?y, January 18, 2005 LOG NAME: 80BENITO REFERENCE NO.: **C-20493 SUBJECT: Authorization to Enter into a Design Contract with Benito Huerta to Develop a Catalog of Design Enhancements for Incorporation into Park Sites throughout the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to enter into a Design Contract with Benito Huerta to develop a catalog of design enhancements for park sites throughout Fort Worth in an amount not to exceed $54,420 from the Public Art Program Funds in the 2004 Capital Improvement Program (CIP). DISCUSSION: On July 13, 2004, the Parks Design Enhancement project was presented in an Informal Report Number 8615 to the City Council entitled, the Fort Worth Public Art Program: Plans Underway for Art Projects for 2004 Bond Projects and a Pre-Council Presentation. The Fort Worth Public Art Program (FWPA) advertised a Request for Qualifications in July 2004. On September 29, 2004 the Artist Selection Panel made up of community and Fort Worth Art Commission representatives, arts professionals and Parks and Community Service Department (PACSD) City staff reviewed the qualifications of three artists who submitted qualifications, conducted interviews and unanimously recommended Benito Huerta. On October 11, 2004, the Fort Worth Art Commission approved the Artist Selection Panel's recommendation of Benito Huerta as lead artist for the Design Enhancement Team-in-Residence for the PACSD. The contract with Mr. Huerta provides for the development of a catalog of design enhancement options that will allow neighborhood/citizenry to choose design enhancement(s) for park projects developed in their area/neighborhood. As lead artist of the Design Enhancement Team-in-Residence, Benito Huerta will select at least two Fort Worth based artists from the FWPA Artist Registry that have no prior public art experience to mentor through out this collaborative design process with the PACSD's design City staff. The Design Enhancement Team-in-Residence will conduct research and seek community input during the design process. Design Enhancement options will range from integral designs incorporated into the actual construction process to stand alone elements. Thus, some design enhancements may be artist fabricated and installed, while others may be included in construction documents and installed by a general contractor or the PACSD Small CIP Construction crew. In addition, Mr. Huerta will produce design concepts for park system signage. It is anticipated that implementation of the design enhancements will occur under separate contracts on an Logname: 80BENITO Page I of 2 individual project basis over a six year period and total approximately $308,379.00 in Public Art Funds from the 2004 CIP. Mr. Huerta and his team may implement some design enhancement projects under a subsequent contract. Mr. Huerta will also recommend a pre-qualified list of local artists from the FWPA Artist Registry to implement future projects following the templates and prototypes developed under his contract. This project will impact ALL COUNCIL DISTRICTS. Benito Huerta is in compliance with the City's M/WBE ordinance by committing to 10% M/WBE participation on this project. The City's M/WBE goal on this project is 10%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current capital budget, as appropriated, of the Park Improvement Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by. Libby Watson (6183) Originating Department Head: Randle Harwood (Acting Director) (5704) Additional Information Contact: Harold Pitchford (Acting Assistant Director) (5728) Logname: 80BENITO Page 2 of 2