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HomeMy WebLinkAboutContract 34403CITY ��������� j CONiRACT �Ip. AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND STEVE TEETERS � � This Agreement ("Agreement"), entered into this ��� 1 day of , 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson its duly authorized Assistant City Manager and STEVE TEETERS (the "Artist"), an individual. The City has designated the ARTS COiJNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "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 Council has appropriated funds from the Specially Funded Capital Projects Fund for design of multiple functional and non-functional public art/design enhancements (the "Artwork") for RODEO PLAZA AT THE STOCKYARDS, more particularly described as a portion of North Commerce Street between Exchange Avenue and Stockyards Boulevard, which was closed to vehicular traffic by City Council Resolution 1175, dated September 2, 1986 and as indicated in the illustration attached hereto as Exhibit "A" (the "Site"); and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to design, fabricate and install various elements included Artist's proposal attached hereto as Exhibit "B" (the "Proposal"); and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Artwork shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Proposal; 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: Page 1 of 17 �������� ������ �!�? �����%, �� ��. ��'� ���, ���. ARTICLE 1 SCOPE OF SERVICES 1.1. General. 1. The Artist shall perform the following services: a. Finalize the design of the Artwork, in substantial conformity to the Proposal, including: i. Functional, sculptural metal street lights and hanging covered light fixtures for string lights which compliment the architectural details of adj acent buildings; ii. Large scale metal "tooled leather" cowboy belt sculptures that incorporate historical information about the Stockyards with accompanying functional benches; iii. Large scale metal "cowboy spur" benches; iv. Sculptural metal archway for Coliseum exit(s) with "cowboy and vaquero apparel and tack"; v. Sculptural metal "Molly" light sconces for the South Entry; vi. Functional, sculptural metal "tooled leather" gate with solar opener and sculptural archway for the North entrance; and, vii. Functional, sculptural metal columns for the outdoor arena and/or pavilion based upon the street light design. The design for the Artwork as set forth in this Section l.l.l.a.i.-a.vii. shall collectively be referred to hereinafter as the "Final Design." b. Artist shall coordinate with the City's project consultant Huitt-Zolars, Inc., to insure that Artist's construction documents are compatible with those being prepared by Huitt-Zolars, Inc. c. Provide a final budget on the form, attached hereto as Exhibit "C," reflecting total costs and contingency not to exceed TWO HiJNDRED NINETY-FOUR THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($294,100), inclusive of fabrication, delivery, installation, insurance, Artist's fees and all associated costs for the Artwork, as well as associated educational programming and a 10% project contingency. Page 2 of 17 d. Present the Final Design to the Stockyards stakeholder group, City officials and the Fort Worth Art Commission for review and approval. 2. The Final Design is subject to approval and acceptance by the City as set forth in this Agreement. 3. 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 1.13.a — d. (collectively, the "Final Design Deliverables"), to the City for approval of the Final Design. The Final Design Deliverables shall consist of the following: a. Final design illustrations for the Artwork, both mounted at least 20" x 30" and high resolution digital format, as well as material or fabrication samples and/or prototype models, for all elements of the Artwork that shows its size and placement in relation to the Site, as appropriate. [NOTE: The illustrations and model provided during the pr•oposal phase of this project may fulfill all or part of this requirement to the extent that such drawings and models r�epresent the final designJ. b. Final written narrative describing: (1) the final design for each element of the Artwork, including materials and fabrication and installation methods and historical text and/or symbols as may be incorporated into the "cowboy belt" sculptures and/or other elements; (2) Technical specifications for all electrical and lighting components; and, (3) Maintenance requirements for all elements of the Artwork as dictated by Artist along with cost estimates for annual maintenance. c. Final budget for each element of the Artwork with written estimates attached for supplies and services provided by others. d. Comprehensive working drawings detailing the means of installing the Artwork on the Site, together with such other graphic material as may be requested by the City in order to permit the City to carry out stiuctural and electrical design review. These drawings must have a licensed Engineer's and/or Architect's, seal licensed to work in the State of Texas, on work as required by the City. Artist will obtain and furnish to the City certificates of Page 3 of 17 professional liability insurance from each such licensed professional, and will require the City to be named as a"certificate holder" entitled to notice of cancellation / nonrenewal in accordance with standard practices. Artist shall not be liable for the use of the drawings submitted under this Section 1.1.5.d for any use other than the Final Design. Upon request by the Artist, the City, the Site architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. The City, upon request, shall also provide correct scaled drawings of the site, if available. 1.2. Proposal Selection. City and Artist acknowledge that the Artist's Proposal as reviewed and recommended by the Fort Worth Art Commission is the basis for executing this Agreement with the Artist, and shall in addition form the baseline for all further approvals and design changes. 1.3 Budget Total. Artist's finished design shall include a budget for the fabrication, delivery, installation, insurance, Artist's fees, travel expenses and all associated costs for the sculptures, as well as associated educational programming and a 10% project contingency, for a total not to exceed TWO HiJNDRED NINETY-FOUR THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($294,100�. 1.4. Design Review. a. The City may require the Artist to make such revisions to the Final Design as are necessary for the Artwork to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. b. The City may also request revisions to the Final Design for other practical, non- aesthetic, reasons. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each Page 4 of 17 ������W� ������ ��� ��������� �, �k����, ���, revision made in the Proposal. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. The sculpture fabricated under this Agreement shall become the property of the City of Fort Worth. Upon the expiration of the Teim, as hereinafter defined, of this A�reement, if the Final Design is accepted by the City, negotiations for fabrication, delivery and installation of the Artwork shall commence. The sculpture fabricated under this contract shall become part of the deliverables under the subsequent Artwork Commission Contract. f. The City's approvals, and all design revisions directed by the City, will be consistent with the Proposal. Artist's compensation shall be equitably adjusted in the event Artist is required to make revisions to the Artwork when such revisions are (a) inconsistent with the scope identified in the Proposal or with approvals or instructions previously given; (b) the result of adjustments in the City's requirements; (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of the Proposal; (d) required by the failure of the City or the City's consultants or contractors to perform work, render decisions, or provide necessary information in a timely manner; or (e) imposed by municipal or other authorities as a condition for approval of the Project, unless the Project clearly was not in compliance with applicable law when submitted for approval. Notwithstanding the above, any adjustment of compensation to the Artist may be subject to approval by the governing body of the City, if required. Page 5 of 17 ������1�� ������ �l�' �������� �p, �`��ih�, ���. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist an amount not to exceed FORTY THOUSAND DOLLARS AND NO CENTS ($40,000.00�, which includes a fixed Artist's fee of THIRTY THOUSAND DOLLARS ($30,000�, inclusive of travel (the "Artist's Fee") and an amount not to exceed TEN THOUSAND DOLLARS AND NO CENTS ($10.000) for electrical and structural engineering, the (the "Engineering Fees"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including engineering fees as provided below. The Artist's Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Sixt�percent (60%� upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with the City and its consultants. b. Thirt�percent (30%� within thirty (30) days after the Artist provides the services and deliverables outlined in Section 1.1.2 and Section 1.1.3. c. Ten percent (10%� within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.1.3. The Engineering Fees shall be reimbursed to the Artist far electrical and structural engineering fees incurred in order to fulfill the terms of this Agreement. Such reimbursement shall be made within a reasonable time upon receipt of an invoice from the Artist with the original invoice for such services attached. 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 Artwork. 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 Page 6 of 17 materials furnished by Artist's vendors. 2.3. Artists' 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, subcontractors, and employees 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 the Artist under Section 2.1.c. 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. 3.4. 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 ter�rninate 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. Page 7 of 17 �����)�� �°����� �1� �������8' �. �'� ��h�, ���. 3.5. 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 wark 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 Ai-twork shall pass to City. c. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all payments (if any) made to Artist pursuant to this Agreement prior to termination. 3.6. 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 wark 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 Artwork, in the event of termination under this Section 3.6, City shall have the right to complete the Artwork. 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 Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use, if the City accepts the Final Design and the Artwork is built, except as provided below. If Page 8 of 17 the City does not accept the Final Design, or, after acceptance, a commission contract is not entered into and fully performed, ownership of the Final Design shall revert to the Artist. Except as provided below, Artist may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and Artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Artwork 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 Preliminary Proposal and the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Proposal Final Design and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "�O date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Final Design or Artwork 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 Artwork 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. Page 9 of 17 ������;J��� !��G���� �!� ��������' �, '�`� ��W, ���{. 4.2. Artist's Address. The Artist shall notify the Contract Administrator of changes in Artist's address. ARTICLE 5 WARRANTIES 5.1 Warranties of Title. The Artist represents and warrants that: (a) the Final Design shall be the original product of the Artist's sole creative efforts. (b) the Final Design is and will be unique and original, and does not infringe upon any copyright or the rights of any person; (c) Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Final Design or any 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; ( fl Artist shall assume the defense of, and indemnify and hold harmless, the City, its officers, employees, agents, and contractors from and against all claims, losses, damages, actions or expenses of every type and description, including attorney's fees, to which they may be subjected arising out of the City's use or possession of the Final Design by reason of an alleged or actual copyright violation or other lack of ownership, authorship, or originality. 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 Page 10 of 17 "�{���v1i,l�'°�r� � �,, � � �.��� r�i �1� a�������' �1� ���1�l�� 15�1. 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 1NJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER K1ND 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 OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; 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 1NJURY, 1NCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER K1NDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY 1NDEMNIFY AND HOLD HARMLESS CITY FROM AND Page 11 of 17 AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR 1N CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. (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 1N CONNECTION WITH OR 1NCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. (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 indemni�cation provisions of this A�reement 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 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. Page 12 of 17 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. 8.5. Governin� 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 Severabilitv. 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. Page 13 of 17 �����,1'�� �����'1� �1� ��������' �. �����, p��. 8.9. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 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 Fundin� 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 Artwork (collectively "Recards") 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 thre Page 14 of 17 e (3) years ���l��w� ������ ��� �������� �, �'� ���, ���. 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. Notwithstandin� anythin� to the contrary herein, this Section 8.13 shall survive expiration or earlier termination of this Agreement. ARTICLE 9 UAL 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 Page 15 of 17 personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 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 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Steve Teeters 719 Buddy Holly Avenue Lubbock, TX 79401 Page 16 of 17 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. AP ROVED AS TO FORM: Leann Guzman Assistant City Attorney Page 17 of 17 CIT�OF FORT WORTH Libby Wa on Assistant City Manager ARTIST � , Stev eters ATTESTED BY: , Marty Hei rix City Secretary M&C C-21830 Contract Authorization November 14, 2006 Date �����)�!� ���t��� �I� �������� q�yy���eilf;rl/(tl}, 4�(�j�j�/J • L•L'y1��A'� ! �. ■ C Ml _ `\ , �d*�7°yS, � \ . pr�� ��✓ � - � ,,,. _ - �� � � � _= ' - �"'",a`,.�..1' � 1aTi+�Sa.a_ . . � ,_,1. a . � i � �. 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I � ������ ! � tw��a .--. � :° a � -'— __ ' °n I ��k �1 ' � � � `` � ` ' �� €�� � i :- � —; ,' ��� � �� � � � ' ' ��� y �� � � - � I � �-';-;-� - �r i��T �.�. � � � . . - � �v—�T � . . . � ' I ). . = I �� ; ' r +.¢ I ; I K • � d � � . � ������ . � �� I � ,.�. • : � ����Q� i � .� � I � �I , I � . .. x�nr i I � . � ..—.. —.. —..— _� ���Y E� ��� I= fYlVf71�GIVR� �IC rW\ NO. REN9p1 � OAIE � ! � e x -r,:'° p�� FORTWORTH R(�EOPLAZASTREETSCAPE �II�T'���,,,,IARS � P �j � /�, o<�wr� Mrww..rs :: i -�f ��P�atQ � Hd0E0 PU A k E IXGIAM(E11LL � IPGRIDE n��caFr rrsrso ^���a� � oa -< �l F,.,�,,,� Jl J EXHIBIT "A" Rodec� Plaz a Public Art/D e s i n g Enhancernents 2006 Steve Teeters Studio719 719 Buddy Holly Ave Lubbock, Texas 79401 EXHIBIT "B" Rodeo Plaza Public Art/Design E nhancements The Proposal for Rodeo Plaza public art /design enhancements calls for a� multifaceted approach �o this wonderful yet under used and appreciated section of the Historical Fort Worth� Stockyards. 1. The first area to address is bringing light into this beautiful tree lined street reminiscent of Los Ramblas in Barcelona, Spain. By creating and installing not just light poles but lights with a design that compliments the architectural details in the buildings adjacent and surrounding Rodeo Plaza. I propose an open design of a series of columns with wraps, similar to the wraps around the latigo strings of a western saddle, to conceal each intersection of joints that also give a feel of old world craftsmanship, that is still being practiced at the stockyards in the boot and saddle maker shops. These standing lights are complimented by 12 hanging lights that add a more festive atmosphere to this street. The light from these features would illuminate this street that at present is quite dark at night. 2. The second area to address is creating a destination for visitors on Rodeo Plaza during all times of the day. One way to make this area a destination for visitors and citizens alike is to add a series of public art elements that speak of the history of the Stockyards and of Texas and the West. I propose several sculptural elements that make Rodeo Plaza one of the spots in the Stockyards that you would not want to miss. 3. The first series of sculpture that I propose is two 30-40 foot long tooled Rodeo Belts with buckles that can meander around trees or a corner. These would be about 28 inches high and would be fabricated out of steel plate with the tooling applied to the surface to create a relief effect. The belt buckle would be at least 48 inches high. Sculptural benches that compliment the bends in the belt can also be added. 4. Using the tools of the vaquero such as the spur I propose creating a seating sculpture by creating a pair of oversized spurs that instead of cradling the heel of a boot would be a resting, contemplation spot for visitors to the Stockyards. The spur leathers would also have tooling designs on them to compliment the belts. ;;����'�l�ii'l �:�"����;u �l�� ���!�?� ����1� ��. 7:�`����?��, ����, Rodeo Plaza Public Art/ Design E nhancements Page 2 5. One area for a possible sculpture is in the bend of the sidewalk directly across from the pavilion. Tliis sculpture could be one that addresses more tools of the working stoc�nan, such as a hat, a bridle, chaps, etc. These would be forged and fabricated out of inetal and placed on a large (16- 18 ft) forged hat rack in a scale larger than life. The hats would be about 3-4 feet in diameter and would include a cowboy hat and a sombrero, a bridle, a lariat, and a pair of chaps all hanging up as if placed there by the owners at the end of a long day. 6. Another area I have been asked to address by the architects is a sculptural gate and entry archway for the north end entrance to Rodeo Plaza. I propose a sculptural gate with detailing and designs that make those who approach the stockyards from this avenue aware that they are entering a very special place. By using centuries old techniques in blacksmithing we will create a gate that is appropriate for the 218t century. The Historical craftsman reminds us that it is what we make with our hands that truly lets those in the future appreciate who we were, and the fact that we took the time to craft something that is not only functional but also a work of art. This gate would be equipped with a key pad entry system, an exit detector and would meet all spacing codes for open spaces in wrought iron construction. Emergency access would be easy and hassle free. 7. Lastly using the structural design of the street light poles gives numerous opportunities to incorporate that structural element into pavilion columns, arena cover columns or even into the North Entry Gate design. Rodeo Plaza Public Art/Design Enhancements Fabrication Methods, Installation, and Timeline The sculptural elements that I propose for Rodeo Plaza would all be fabricated in my studio in Lubbock, Texas using, mild steel, stainless steel, and possibly even some stone. All metals would welded with a mig welder and all joints would be polished smooth. Several options are available for finishes that would also work with the space where these objects would be installed. For most of the work I propose leaving a weathered steel or rust finish that like Richard Serra's piece at the Modern would achieve a rich iron red that would compliment the surrounding architecture and also lend a since timelessness to this work but also eliminates a lot of maintenance issues. Powder coating is available in a weathered ion but once it is scratched or painted then it necessitates going to just a painted finish to restore. The last option would be to paint these and begin a multiyear program of touching up and repainting. All of the installation and prep work would be done by my studio and staff except for any electrical work and that would be done by a licensed electrician. The timeline for fabrication and installation for each element is as follows: 1. Street lights- 8-9 months 2. Belts-4-6 months 3. Spurs-3-5 months 4. hatrack-3-4 months y, � /_� i � r� !. �N .� . . J����J��l ����U�''u ��� ��r�R� �` Q� �%�������, ����. Rodeo Plaza Street Lights Crafted with hand forged details and rivets these sculptural lighting elements create a rugged elegance well suited to the atmosphere of the Fort Worth Stockyards 24 street lights each light is 18ft tall base is 24 inches �s 0 : ; �������� ������ , ���' �������� ! �. �������, .i��3. Sculptural Rodeo belt, 30-40 feet by 28" high with the belt buckle about 48" high. This sculpture provides a much needed art element to Rodeo Plaza and provides a great photo opportunity. Sculptural Belt with raised tooling designs, that can be placed in numerous areas and can bend around trees and can have benches added that compliment the design of the belt. Sculptural entry gate and new arched top for the North Entrance of tl�e Fort Worth Stockyard � ,:., , ::��� `� �' �5i.� f,� � �, • - - - (� , ������' ��' ` � ` G�`r' `' �l p `��°; 4 � , .�—.`��� �-�—J— ��� . ` _ �� -- - `�� ' J I ! ' � i "' �� �_�,.._ . /��- `". 'b - � � � '��'C����\�—` '-�_� � =��G� i � ;, , ' i i -- - _ �-�_�_-�—. _t�:' � ---- ���- � ---- : : —��- �� - - - ::� � �:�- — � - - --:� :i: o _ _____�`� - - -- - - � - - . -� -- h � - - - - - j��-i— r s C� {4 'i. ^ � �j � � �a T� - - -- -�---- - - ---� - f I L�"I� 4�� "� � �� ��--�`j�J1.���`c.�_t' _. _ -_ - - .. _ . � .. . � ��' _ :�� . �-- ' � -`- --- -�--- -------- _ . . � . _. . . �.' - - . :. .-- . . . � .. � --... _-. ,T y- _ . �._ --.. .,.. .-� . . , .. , - ,-. ".:i ...._; .-�., . � ,-: � - . ,-. .. _ ..,, _ -�-- ----=:��— '- - `----'-- � --.. _ - _._ . _ . _ - ___. --'-- --- ,..�.- .'- _�-_ _ . , -. .. .,, .,. . . _ . .-.i — -_ . .. - -- - � -_� _ - — -- _ _ _..� �'�� ..— - — -- — - - . . __ .. . . _ _. -. _ � _- -- . _ . _� .K-.. _ ,_�.z�il Hand forged efiements with brushed stainiess steel fooled designs. - - All uprights on gate meet 4" code and are hammered 5/8 solid bar with hot wraps at each intersection. Gate features a solar powered opener with key pad access, emergency access and exit sensor. �������� FORT WORTH PUBLIC ART Public Art Project Budget Form Please complete this form and attach a signed receipt of estimate complete with per unii costs for all items designated with an asterisk (). TRAVEL (Non-local residents only) Airfare Car Rental Per Diem expenses at $_ per day Mileage at $_ per mile STUDIO OVERHEAD Studio Rental, Other Expenses Phone and Fax charges Supplies Details: INSURANCE Auto liability General Liability for Artist and subcontractors Workers Compensation, Employers Liability Other ARCHITECTS, ENGINEERS If applicable, drawings must be signed and sealed by a Professional registered to practice in the State of Texas. *Architect * Structural Engineer *Electrical Engineer * Other FABRICATION COSTS Please attach a complete list of materials, cut-sheets and individual estimates (including per unit costs) with this form *Materials Labor (total) TRANSPORTATION *Materials to fabrication site *Finished work to installation site * Other INSTALLATION COSTS Costs must include allowance for after hours installation, if applicable. Please attach a complete list of equipment and individual estimates with this form. Labor * Scaffolding *Equipment Off Duty Police *Traffic Barriers *Storage Facility Rental City Permits Display devices *Fireproofing * Other SITE PREPARATION *Landscaping, Irrigation *Removal *Electrical Modification *Test Drilling *Water Works and Mechanical Devices * Other LIGHTING *Designers *Fixtures *Bulbs * Site Preparation *Installation OTHER Photo/Video Documentation Educational Programming _ ARTIST'S FEE CONTINGENCY (10%) GRAND TOTAL EXHIBIT "C" Prepared By: Date: $30,000 $294,100 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/14/2006 DATE: Tuesday, November 14, 2006 LOG NAME: 0303RODEOPLZ REFERENCE NO.: **C-21830 SUBJECT: Authorization to Enter into a Design Agreement with Steve Teeters for Design of Multiple Functional and Non-Functional Public Art/Design Enhancements for Rodeo Plaza at the Stockyards RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Design Agreement with Steve Teeters, in an amount not to exceed $50,000, for design of multiple functional and non-functional public art/design enhancements for Rodeo Plaza at the Stockyards. DISCUSSION: The Design Agreement would enable Steve Teeters to develop designs for multiple functional and non- function public art/design enhancements for Rodeo Plaza at the Stockyards, which he has proposed with the goal of encouraging pedestrian activity by providing lighting, outdoor seating, historical information and photo opportunities in one of Fort Worth's top tourist destinations, including: 1) Functional street lights that compliment the architectural details of adjacent buildings; 2) Large scale metal sculptures that resemble tooled leather cowboy belts that incorporate historical information about the Stockyards with accompanying functional benches; 3) Functional benches and/or sculptures that resemble large scale cowboy and vaquero apparel and tack; 4) Enhanced gate and entry archway for the North entrance to Rodeo Plaza; and 5) Enhanced structural columns for the outdoor arena and/or pavilion based upon the street light design. Currently, the City's project consultant, Huitt-Zollars, Inc., is developing construction documents for Rodeo Plaza improvements. Since many of the elements the artist has proposed are functional, it is important for the artist and consultant to coordinate to achieve the most cost-effective results. In November 2006, it is anticipated that the entire design for Rodeo Plaza at the Stockyards will be presented to the City Council for consideration, along with funding recommendations. The Stockyards was identified in the Fort Worth Public Art Master Plan (adopted by the City Council on September 30, 2003) as a site that merited a significant public art project, in light of its status as a major tourist destination in Fort Worth. This project was included in the Fort Worth Public Art Program's FY2006- 07 Annual Work Plan, adopted by the City Council on September 19, 2006, (M&C C-21683) as a part of the City's agreement with the Arts Council of Fort Worth & Tarrant County, Inc. for administration of the Fort Worth Public Art Program. The source of funding is consistent with the Long-Range Public Art Plan for the Water Fund, adopted by the City Council on May 9, 2006, (M&C G-15185) which recommends allocations for public art/design enhancements for non-bond funded City facilities. BACKGROUND: Using the process and guidelines established in the Fort Worth Public Art Master Plan, an artist selection panel, composed of Council Member Sal Espino (Chair), his appointed community representative, the Fort Worth Art Commission and appointees, reviewed the qualifications of 18 local and Texas-based artists from the Pre-Qualified List of Established Public Artists on July 28, 2006, and selected three finalists and one alternate. On August 9, 2006, the artist selection panel conducted interviews of two finalists (one finalist declined the interview) and the alternate, and then unanimously recommended Steve Teeters for the http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1 /3 0/2007 project. Selection Panel (Voting): - Council Member Sal Espino, Council District 2 - Gary Brinkley, Stockyards Station (Community Representative) - Randy Phillips, Senior Urban Design Landscape Architect, Representative) - Helen Sides, Fort Worth Art Commission Representative - Stacy Fuller, Instructional Services Manager, Amon Carter Museum - Viola Delgado, Local Artist Advisors (Non-Voting): Representatives of: - Huitt-Zollars, Inc. - Transportation & Public Works Department, City of Fort Worth - Parks & Community Services Department, City of Fort Worth Page 2 of 2 Carter-Burgess (Project Consultant On August 14, 2006, the Fort Worth Art Commission (FWAC) reviewed the artist selection panel's recommendation and made a formal recommendation to engage Steve Teeters to develop a proposal for Rodeo Plaza at the Stockyards. On September 18, 2006, Steve Teeters presented his proposal to community stakeholders, which was well-received. That evening, the artist made his proposal presentation to the FWAC which made a recommendation that the artist be engaged to develop his designs, in an amount not to exceed $50,000. M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital project dollars expended on public art annually. This project is physically located in COUNCIL DISTRICT 2, but serves all Fort Worth residents. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C291 531200 032980022230 $50,000.00 Libby Watson (6183) Bridgette Garrett (8518) Sandy Oliver (7371) http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/3 0/2007