HomeMy WebLinkAboutContract 35772 (2)CITY sECREi�rRY h
CONTRACT P�3. � oU
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND
STEVE TEETERS
This Agreement, entered into this � day of , 2007,
by and between the CTTY OF FORT WORTH, a home iule municipal coiporation of the
State of Texas (the "City"), acting by and tluough Libby Watson, its duly authorized
Assistant City Manager and ST`EVE TEETERS (the "Artist"), located at 719 Buddy Holly
Avenue, Lubbock, Texas, 79401. The City has designated the ARTS COUNCIL OF
FORT WORTH & TARRANT COLTNTY, Inc., (the "Contract Manager") to manage this
AGREEMENT on its behalf. The Contract Manager shall act tluough Martha Peters, its
designated Public Art Director.
WHEREAS, the City Council has appropriated funds from the Specially Funded
Capital Projects Fund (the source of funding is consistent with the Long-Rc�nge Public Art
Plafi for the Wc�ter 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) for the design, fabrication and installation of multiple functional and non-
functional public arddesign enhancements (the "Work") for RODEO PLAZA AT THE
STOCKYARDS, more particularly described as a portion of North Commerce Str•eet
between Exchange Avenue and Stockyards Boulevard, which was closed to vehicular
traffic by City Council Resolution ll75, dated September 2, 1986 and as indicated in the
illust�ation attached hereto as Exhibit "A" (the "Site"); and,
WHEREAS, the Artist was selected by the City tluough a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission to
design, fabricate and install 1) Two large scale metal sculptures that resemble tooled
leather cowboy belts and incorporate historical information about the Stockyards, along
with two accompanying functional benches ("Sculpture Belt Seating"); and 2) Two
functional Spur seating sculptures that resemble large scale cowboy and vcrquero apparel
and tack ("Sculpture Spur Seating"), as described in Artist's proposal attached hereto as
Exhibit "B", (collectively, the "Work") and,
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WHEREAS, City and Artist wish to set out the tei�ns and conditions under which
said Work shall be fabricated and installed in order to promote the integrity of Artist's
ideas and statements as represented by the Work.
NOW, THEREFORE, City and Artist for and in consideration of the covenants
and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged,
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1. General.
a. The A�•tist shall perform all services and will furnish all supplies,
materials, and equipment as necessary for the fabrication, transportation and installation
of the Work at the Site, as set forth in Section 1.4. Services shall be performed in a
professional manner and in substantial compliance with all material terms and conditions
in this Agreement.
b. The Artist shall determine the artistic expression, scope, design, color,
size, material, and texture of the Work, subject to review and acceptance by City as set
forth in this Agreement. The location at the Site in which the Work shall be installed will
be mutually agreed upon by the Ciry and the Artist.
c. The Artist shall install the Work on dates and at times mutually agreed
upon by the Artist and the City.
d. The Artist shall lead at least one public education event at the project site
during installation of the Artwork, such as a hands-on interactive workshop for children
and families, and shall participate in one public education event in Fort Worth, such as
lecture at a mutually agreed upon date and time.
e. Prior to commencement of fabrication P,rtist shall consult with a qualified
art conservator and shall provide written maintenance recommendations for the Work
f�•om said conservator to the Contract Manager. Artist shall consult with a qualified art
conservator and shall provide written maintenance recommendations for the sculpture
from said conservator to the Contr•act Manager.
f. In the event funds become available for additional art elements and subject
to approval by City's governing body, the City and Artist may negotiate an amendment to
this contract to provide for an increased scope of work known as Phase Ib, which may
include: 1) Functional street lights that compliment the architectural details of adjacent
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buildings; 2) Enhanced gate and ent�y archway for the north entrance to Rodeo Plaza; 3)
A functional archway with seating at the Coliseum exit, enhanced with replicas of vintage
cowboy and vaquero hats and boots and 4) two light sconces for the new South Gate
based on Fort Worth icon "Molly"; 5) sculptural columns (to match street light poles); 6)
additional st�eet light poles in the Arena at•ea and; 7) other Arena area design
enhancements.
1.2. Artist Selection and Commission.
City and Artist acknowledge that the A�•tist's final design (the "Final Design"), attached
hereto as Exhibit "B," has been reviewed and approved by the Fort Worth Art
Commission as the basis for executing this Agreement with the Artist.
1.3. Execution of the Work.
a. Upon execution of this Agreement, Artist shall promptly fui-nish to the
Cont�act Manager a schedule for the completion of the fabrication and installation of the
Work, including a schedule for the submission of progress reports, and engineered
drawings as required. After written approval of the schedule by the City, the Artist shall
oversee the work, the fabt-ication, transportation and installation of the Work in
accordance with such schedule. Schedule changes may be accomplished by written
agreement between the Artist and the City.
b. The City and Contract Manager shall have the right to review the Work at
reasonable times during its fabrication. Artist shall, upon written request by Cont�act
Manager, provide a written progress report detailing the progress made toward
completion of the Work and the remainder of work to be done to complete the Work.
c. The Artist shall complete the fabrication of the Work in substantial
conformity with the Proposal. However, Artist may present to the Cont�act Manager, in
writing for further review and approval, any significant changes in the scope, design,
color, size, material, or texture of the Work not in substantial conformity with the
Proposal. The Contract Manager shall, in light of the Proposal, determine whether a
significant change requu�es Ciry approval.
d. Prior to installation Artist will submit a detailed site plan showing exact
location of the Work.
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1.4. Delivery and Installation.
a. The Artist shall notify the City, through its Contract Manager, in
writing when fabrication of the Work is completed and is ready for its delivery and
installation at the Site.
b. The Artist shall deliver and install the completed Work at the Site
in compliance with the schedule approved pursuant to Section 1.3.a; provided, however,
that deliveiy and installation activities may not commence until written permission is
delivered to the Artist by the Contt�act Manager.
c. The Artist is responsible for the installation and cost of the
foundation and footings for the Sculpture Spur Seating and Sculpture Belt Seating. The
Artist shall build the foundation and footings according to the stamped engineering
drawings provided by the Artist, as approved by the City.
d. The Artist, individually and through its subcontractors, including
its fabi-icator, shall take a11 necessary precautions to protect and preseive the integrity and
finish of the Site while delivering and installing the Work. The Artist shall repau any
damage to the 5ite due to delivery, installation, or his negligence or the negligence of his
subcontractors.
e. Prior to installation of the Work, Artist shall provide to City
written inst�uctions for appropriate maintenance and preseivation of the Work. The
appropriate maintenance and preservation inst�uctions shall not be substantially different
from the maintenance and preservation anticipated and conveyed to City for the Work in
the design phase for the Work.
1.5. Post-installation.
a. Within thirty (30) days after the installation of the Work, Artist shall
furnish City with an original set of high resolution digital files and jpegs showing Work
from at least 2 points of view, as selected by Cont�act Manager to document the project
after the Work is installed.
b. The Artist shall be available at such time or times as may be agreed
between the City and the Artist to attend any inauguration or presentation ceremonies
relating to the transfer of the Work to the City. The City shall use its best efforts to
a�7ange for publiciry for the completed Work in such art publications and otherwise as
may be determined between the City and the Artist as soon as practicable following
installation.
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1.6. Final Acceptance.
a. The Artist shall advise the City in writing when all services requued have
been completed in substantial confoimity with the Proposal. Included in such notice from
the Artist shall be an affidavit certifying that all bills relating to services or supplies used
in the pei�formance of this Agreement have been paid.
b. The City shall notify the Artist in writing of its final acceptance of the
Work ("Final Acceptance"). The City's approvals and Final Acceptance will be consistent
with the Proposal, subject to any changes that may have been mutually agreed upon by
the parties.
c. Fina1 Acceptance shall be effective as of the earlier to occur of (1) the date
of the City's notification to Artist of Final Acceptance; or, (2) the 35th day after the Artist
has sent the written notice to the City requued under Section 1.6.a unless the City, upon
receipt of such notice and prior to the expuation of the 35-day period, gives the Artist
written notice specifying and describing the services which have not been completed.
1.7. Risk of Loss.
The risk of loss or damage to the Work shall be boi-ne by the Artist pt•ior to Final
Acceptance, and the Artist shall take such measures as are necessary to protect the Work
from loss or damage until Final Acceptance, including but not limited to the purchase of
property loss insurance; except that the risk of loss or damage shall be borne by the City
pi7or to Final Acceptance during such periods of time as the partially or wholly completed
Work is in the custody, control or supeivision of the City or its agents for the puiposes of
moving, storing, or performing any other ancillary services to the Work.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
The City shall pay the Artist a fee not to exceed ONE HUNDRED TEN THOUSAND
FIVE HUNDRED DOLLARS AND NO CENTS ($110,500.00) (the "Fee"), which shall
constitute full compensation for all services and materials to be performed and furnished
by the Artist under this Agreement, inclusive of execution, fabrication, t�ansportation,
installation, insurance, incidental costs, Artist's fees and all travel expenses.
'The Fee shall be paid as follows:
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(a) Fift�percent (50°Io) upon full execution of this Agreement and
submission of schedule; and
(b) Twent�percent (20%) upon completion of fabrication of and
approval of City before delivery of sculptures to Site; and
(c) Twentv percent (20%) upon installation of sculptures and design
enhancements and implementation of educational workshops; and
(d) Ten percent (10%) within thirty-five (35) days after delivery and
installation and Final Acceptance and receipt by City of such
documentation it may requue concerning payment of services and
supplies rendered to the Artist [see Section 1.6 (a)].
2.2. Sales Taxes.
The Artist's Fee does not include sales t� for any jurisdiction. The City is a tax-exempt
organization and represents to Artist that no state or local sales taYes or federal excise
taxes shall be due upon the Project. The Ciry shall supply the Artist with the "Texas
Sales T� and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment
of this Agreement.
2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incui�ed during the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all t�avel, and
costs for Artist's agents, consultants, and/or employees necessary for the proper
pei�formance of the se�vices required under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 Term.
This Agreement shall be in effect from the date stated in the first paragraph of this
Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement,
shall extend until final payment to Artist by City, whichever is later.
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3.2. Duration.
The services to be required of the Artist set forth in Article 1 shall be completed in
accordance with the schedule for completion of the Work as proposed by the Artist and
approved by the City pmsuant to Section 1.3.a.; provided, however, such time limits may
be extended or otherwise modified by written agreement between the Artist and the City.
3.3. Earl.�pletion of A�•tist Seivices.
The Artist shall bear any t��ansportation and storage charges incui-�ed from the completion
of the seivices prior to the time provided in the schedule for delivery (see Section 1.3.a).
3.4. Time Extensions: Force Maieure.
The City or the Artist, as appropriate, shall grant a reasonable extension of time to the
other party if conditions beyond the parties' cont�ol or Acts of God, flood, riot, civil
insurrection, labor st�ikes, or orders of local or federal government render timely
performance of the pa.rties' services impossible or unexpectedly burdensome. The party
suffering the impossibility or burdensome conditions must inform the other in writing
within ten (10) days of the onset of such performance delay, specifying the reasons
therefore. Failure to fulfill contractual obligations due to conditions beyond either party's
reasonable cont�ol shall not be considered a breach of this Agreement; provided,
however, that such obligations shall be suspended only for the duration of such
conditions.
ARTICLE 4
WARRANTIES
4.1 Wat7anties of Title.
The Artist represents and wai�ants that:
(a) the Work sha11 be the original product of the Artist's sole creative efforts;
(b) the Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
(c) the Work (or duplicate thereof� has not been accepted for sale elsewhere;
(d) the Artist has not sold, assigned, transfei�ed, licensed, granted, encumbered or
utilized the Work or any element thereof or any copyright related thereto
which may affect or impau the rights granted pursuant to this Agreement;
(e) the Work is fi•ee and clear of any liens from any source whatsoever;
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(� the Artist has the full power to enter into and perfoim this Agreement and to
make the grant of rights contained in this Agreement;
(g) all seivices pei•formed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessaiy care, skill
and diligence; and
(h) the AT•tist shall assume the defense of, and INDEMNIFY AND HOLD
HARMLESS, THE CITY, ITS OFI�'ICERS, 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 WORK BY REASON OF AN ALLEGED
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OWNERSHIP, AUTHORSHIP, OR ORIGINALITY.
4.2 Warranties of Qualitv and Condition
(a) Artist represents and wai-�•ants that all work will be performed in accordance
with professional "workmanlike" standards and free from defective or inferior
materials and workmanship (including any defects reasonably known by Artist
to consist of (i) "inherent vice," or (ii) qualities that cause or accelerate
deterioration of the Work) for one year after the date of Final Acceptance.
(b) Artist represents and warrants that the Work and the materials used are not
cuiYently known by Artist, after reasonable inquuy, to be harmful to public
health and safety.
(c) If within one year City observes any breach of the wasranties described in this
Section 4.2 that is curable by the Artist, the Artist shall, at the request of the
City, cure the breach promptly, satisfactorily and consistent with professional
conservation standards, at no expense to City. City shall give notice to Artist
of such breach with reasonable promptness.
(d) If after one year City observes any breach of wai7anties described in this
Section 4.2 that is curable by the Artist, City shall contact the Artist to make
or supervise repairs or restorations at a reasonable fee during Artist's lifetime,
subject to Section 7.3 and to any necessary approvals by City's governing
body. Artist shall have the right of fust refusal to make or supervise repairs or
restorations. Should Artist be unavailable or unwilling to accept reasonable
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(e)
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compensation under the industry standard, City may seek the services of a
qualified restorative conservator and maintenance expert.
If within one year City observes any breach of warranties described in this
Section 4.2 that is not curable by the Artist, Artist is responsible for
reimbursing City for damages, expenses and loss incui�ed by City as a result
of the breach. However, if Artist disclosed the risk of this breach in the
Proposal and City accepted that it may occur, it shall not be deemed a breach
for puiposes of this Section 4.2.
Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the Work and any associated
working parts and/or equipment, in accordance with Artist's
specifications and appropriate conseivation standards, will maintain
the Work within an acceptable standa�•d of public display.
ii. Foreseeable exposure to the elements, based on normal weather
conditions in the Fort Worth area, and general wear and tear will not
cause the Work to fall below an acceptable standard of public display.
iii. With general routine cleaning and repau, and within the context of
foreseeable exposure to the elements and general wear and tear, the
Work will not experience irreparable conditions that do not fall within
an acceptable standasd of public display, including excessive mold,
rust, fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer's Wai7•anties. To the extent the Work incoiporates
products covered by a manufacturer's wat-�anty, Artist shall provide
copies of such wai�anties to City.
The foregoing wai7anties are conditional, and shall be voided by the failure of
City to maintain the Work in accordance with Artist's specifications and the
applicable conservation standards. If City fails to maintain the Work in good
condition, Artist, in addition to other rights or remedies the Artist may have in
equity or at law, shall have the right to disown the Work as the Artist's creation
and request that all credits be removed from the Work and reproductions thereof
until the Work's condition is satisfactorily repaired.
4.3 These representations and wai7•anties shall survive the termination or other
extinction of this Agreement.
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ARTICLE 5
INS URANCE AND INDEMNITY
5.1. General.
The Artist shall cai7•y insurance as set out in Exhibit "D".
Except as provided in Section 1.7 hereof, the risk of damage to or loss of the Work shall,
during fabrication and installation but prior to Final Acceptance, shall be solely that of the
Artist. This risk shall transfer to the City and shall no longer be the responsibility of the
Artist upon Final Acceptance.
5.2. Pei�formance Bonds.
The Artist shall not be required by the City to post any performance bonds or similar
undertakings, and any requu•ement of any other authority for performance bonds shall be
the responsibility of the City.
5.3 Indemnitv.
(a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND
ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY
AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL IlVJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF
THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES
DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CTTY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS
OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVTTEES, LICENSEES, OR PROGRAM
PARTICIPANTS .
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(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Artist shall requue all of its subcont�•actors to include in their subcont�acts a
release and indemnity in favor of City in substantially the same form as above.
(d) THIS INDEMNIFICATION OF SECTION 5.3 SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including all documents and/or drawings which constitute or are
components of the Proposal and the final design, shall pass to City upon Final Acceptance
and payment for the Work. Artist shall provide Ciry with a Transfer of Title in
substantially the foim attached hereto as Exhibit "E". These documents andlor drawings
will be retained for archival and exhibition puiposes. Artist's Final Design and all other
work products under this Agreement shall become the property of City, without
restriction on future use, except as provided below.
6.2 Co�vright Ownershi�
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as
the sole author of the Work for the duration of the copyright.
6.3 Reproduction Rights.
(a) In view of the intention that the final Work be unique, Artist shall not make
any additional exact duplicate reproductions of the final Work, nor shall Artist
grant permission to others to do so except with the express written permission
of City. However, nothing herein shall prevent the Artist from creating future
artworks in the Artist's manner and sryle of artistic expression; nor shall this
Agreement prevent the Artist from using images of the Artwork for marketing
and promotional purposes in connection with the Artist's business.
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(b) By execution of this Agreement, Artist grants to City a peipetual, ii7�evocable
license to graphically depict or display the Work for any non-commercial
purpose whatsoever; for purposes of this limitation, any graphic depiction or
(c)
(d)
display of the Work intended to promote or benefit City, its public services or
its public puiposes, rega�•dless of whether or not a fee is charged to the public,
or whether revenue is otherwise received by City, shall be deemed a non-
commercial puipose. Notwithstanding the above limitation, Ar�tist agrees and
understands that nothing in this paragraph shall affect or limit City's absolute,
um�est�-icted rights incidental to City's full ownership of the Work to alter,
change, modify, destroy, remove, move, replace, operate, maintain, transport,
sell or transfer, in whole or in part, the Work when City deems it necessary
within its discretion, in order to otherwise exercise City's powers and
responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
All reproductions by City shall contain a credit to Artist and a copyright notice
substantially in the following form: "O date, Artist's name."
Artist shall use Artist's best efforts in any public showing or resume use of
reproductions to give acknowledgment to City in substantially the following
fot�n: "an original artwork commissioned by and in the public art collection
of the City of Fort Worth, Texas."
(e) Artist may, at Artist's expense, cause to be registered with the United States
Register of Copyrights, a copyright in the Work in the Artist's name.
(� City is not responsible for any third party infringement of Artist's copyright
and is not responsible for protecting the intellectual property rights of Artist.
ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Contract Manager shall include credit to the Artist on the Fort Worth Public A��t
website (www.fwpublica�-t.oi•�) and a petmanent plaque at the site.
7.2. Maintenance.
The City recognizes that maintenance of the Work on a regular basis is essential to the
integrity of the Work. The City shall reasonably assure that the Work is properly
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maintained and protected, taking into account the maintenance inst�-uctions provided by
Artist in accordance with Section 1.4 and Exhibit "F", Technical and Maintenance
Record.
7.3. Repaus and Restoration.
a. The City shall have the right to determine when and if repairs and
restorations to the Work will be made. During the Artist's lifetime and to the extent
practicable, the City shall give the Artist the right to approve all major repaus and
restoratidns; pt•ovided, however, the Artist shall not um�easonably withhold approval for
any repau� or restoration of the Work. Should Artist um•easonably withhold approval of
any intended major repair or restoration, the City shall have the right to make such repair
or restoration. To the extent practicable, the Artist, during the Artist's lifetime, shall be
given the opportunity to make or personally supervise major repaus and restorations and
shall be paid a reasonable fee for any such services, provided that the City and the Artist
shall agree in writing, prior to commencement of any significant repaus and restorations,
upon the Artist's fee for such services. Should the Artist fail to agree to make or
supervise the repairs and restorations, the City shall have the right to choose another
entity or person to assist with the restoration and/or repairs or make said repaiis by the
City.
b. All repairs and restorations shall be made in accordance with recognized
principles of conseivation.
c. When emergency repairs are necessary in order to prevent the loss of or
further damage to the Work, such repairs shall be undertaken or airanged by City without
advance notice to Artist, and such repaus shall not be deemed to constitute artistic
alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incoiporated into a building, st�•ucture or
realty, the installation of the Work may subject it to destruction, distortion, mutilation or
other modification by reason of its removal. If removal of the Work would damage either
the Work or the Site, the City shall have the right to remove the Work by any means,
including dest�uction, in performing maintenance, repair, renovation, or reconst�uction of
the building, structure or in devoting realty to a new use.
b. In the event that the Work is freestanding, or incoiporated into a building,
stiucture or realty such that it may be removed without damaging or destroying the Work
or the building or structure, the A�•tist may be given written notice and 90 days to remove
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the Work at his or her sole expense. Upon Artist's failure to remove the Work, the City
shall have the right to remove and dispose of the Work by any means, including its
dest�uction.
c. The City agrees that it will not willfully dest�oy, damage, or modify the
Work, except as provided in paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered, the City shall no
longer represent the Work as that of the A�•tist if the Artist gives written notice to the Ciry
that it is the position of the Ai�tist to deny authorship on the grounds stated in this
paragraph.
e. The City shall at all times have the right to move the Work, oi� remove it
from public display. The City shall also have the right to sell or t�ade the Work.
7.5. Permanent Record.
The City sha11 maintain on permanent file a record of this Agreement and of the location
and disposition of the Work.
7.6. Artist's Address.
The Artist shall notify the City of changes in the address set forth in Article 13. The
failure to do so, if such failure prevents the City from locating the Artist, shall be deemed
a waiver by the Artist of the right subsequently to enforce these provisions of Article 7
that requu•e the express approval of the Artist. Notwithstanding this provision, the City
shall make every reasonable effort to locate the Artist when matteis a�•ise relating to the
Artist's rights.
7.7. Additional Rights and Remedies.
Nothing contained in this Article 7 shall be constiued as a limitation on such other rights
and remedies available to the Artist under the law, which may now or in the future be
applicable.
ARTICLE 8
ARTIST AS AN INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent cont�actor, and not
as an officer, agent, seivant or employee of Ciry. Artist shall have exclusive cont�•ol of,
and the exclusive right to control the details of the work performed hereunder, and all
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persons pei-forming 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 City and Artist, his/her officers, agents,
employees and subcontractors, and docUine of respondeat superior has no application as
between City and Artist.
ARTICLE 9
, SUBCONTRACTING
The Artist may subcontract portions of the seivices to be provided hereunder at the
Artist's expense, provided that said subcont�acting shall not adversely affect the design,
appearance or visual quality of the Work and shall be ca�7•ied out under the personal
supervision of the Ai-tist. Any subcon�-act entered into under this Agreement shall be
expressly subject to the terms of this Agreement. Artist shall provide information
regarding all subcontractors, including its fabi•icator, along with a copy of the subcontract
between Artist and each subcontractor.
ARTICLE 10
TERMINATION
10.1. Gratuities.
The City may cancel this Agreement if it is found that gratuities in the foi�rn of
entertainment, gifts or otherwise were offered or given by the Artist or any agent or
representative to any City official or employee with a view toward securing favorable
t�eatment with respect to the awarding, amending, or making of any determinations with
respect to this pei�formance of this Agreement. In the event this Agreement is canceled by
the City, pursuant to this Section 10.1, the City shall be entitled, in addition to any other
rights and remedies, to recover from the Artist a sum equal in amount to the cost incui-red
by the Artist in providing such gratuities.
10.2. 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
matei7al to this Agreement, the other party shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting parry of the intent to terminate
specifying the grounds for termination. The defaulting party shall have thirty (30) days
after receipt of the notice to respond and submit a reasonable schedule for cure of the
15
default. If it is not cured within this time frame or with sufficient reason, then this
Agreement shall terminate. Teimination 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.
10.3. Termination for Convenience.
a. The services to be pei�formed under this Agreement may be terminated by
either party, subject to wi-itten 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 the City, the Artist shall have
the right to an equitable adjustment in the fee (with allowance for anticipated profit on
perfoimed services), in which event the 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 the City by the Artist under this Agreement
prior to the date of termination, provided that no right to fabricate or execute the Work
shall pass to the City.
c. If termination is for the convenience of the Artist, the Artist shall remit to
the City a sum equal to all payments (if any) made to the Artist pursuant to this
Agreement prior to termination.
10.4. Incapacitv of Artist.
a. In the event of Artist's death or Artist becoming physically or legally
incapacitated during the term of this Agreement, the City shall have the right to terminate
this Agreement on payment to Artist or Artist's successors for all work and seivices
pei�formed prior to death or incapacity. All finished and unfinished drawings, sketches,
photographs, models and work shall become property of the City.
b. Should Artist's design have been approved or if the Artist's work has
progressed to the point of fabi7cation of the Work, in the event of termination under this
Section 10.4, the Ciry shall have the right to complete the Work. Due regard shall be
made for Artist's intended results and proper credit and acknowledgement shall be given
to Artist.
ARTICLE 11
EQUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or applicant for
employment because of disability, familial status, 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 disability,
familial status, race, color, religion, sex, sexual orientation and national origin. Such
action shall include but not be limited to the following: Employment, upgrading,
demotion, t�•ansfer, recruitment or pay or other forms of compensations, and 'selection for
training, including apprenticeship.
b. The Artist shall state in all solicitation or advertisements for employment
placed by or on behalf of the Artist that all qualified applicants shall receive consideration
for employment without regard to disability, familial status, race, color, religion, sex,
sexual oi-ientation, or national origin.
c. The Artist shall furnish all information and reports requested by the 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 the Artist's 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.
ARTICLE 12
MISCELLANEOUS
12.1. Compliance.
The Artist shall be required to comply with Federal, State and City statutes, ordinances
and regulations application to the performance of the Artist services under this
Agreement.
12.2 Entire Agreement.
This writing embodies the entu•e 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.
12.3. 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.
17
12.4. Waiver.
No waiver of performance by either party shall be constiued 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 i7ght or acceptance of defective pei-formance.
12.5. Governing Law and Venue.
This Agreement, regardless of where executed or pei�formed, shall be governed by and
const�-ued in accordance with the laws of the State of Texas and venue for any litigation
arising from this Agreement shall be in Ta.i7•ant County, Texas. By executing this
Agreement, each party hereto expressly (i) consents and submits to personal jurisdiction
consistent with the preceding sentence, (ii) waives, to the fullest extent permitted by law,
any claim or defense that such venue is not proper or convenient and (iii) consents to the
service or process in any manner authoi7zed by Texas law.
12.6. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective successors and assigns.
12.7. No Thu•d-Partv 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 peison or entity.
12.8. Severabilitv.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable,
the validity, legality and enforceabiliry of the remaining provisions shall not in any way
be affected or impaired.
12.9. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal iule of const�-uction 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.
:
12.10. Fiscal Funding put•
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) thuty (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.
12.11. Captions.
Captions and headings used in this Agreement are for reference puiposes only and shall
not be deemed a part of this Agreement.
12.12. Suiviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
12.13. Ri�ht 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 Work (collectively "Records") at any time during
the Term of this Agreement and for tluee (3) years thereafter in order to determine
compliance with this Agreement. Tlu�oughout the Term of this Agreement and for three
(3) yeais 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 pa�ties following reasonable advance notice by the City and sha11 otherwise
cooperate fully with the City during any audit. Notwithstanding anything to the
contrary herein, this Section 12.13 shall survive expiration or earlier termination of
this Agreement.
12.14. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enteiprise (M/WBE) fum with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
19
ARTICLE 13
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agi•eement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: Libby Watson, Assistant Ciry Manager
City Manager's Office
City of Fort Worth
1000 `I'hrockmorton Street
Fort Wot�th, TX 76102
Copies to: David Yett, City Attorney
Law Department
1000 Throckmorton St�eet
Fort Worth, TX 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tai7ant County
1300 Gendy St�•eet
Fort Worth, TX 76107
2. ARTIST Steve Teeters
719 Buddy Holly Avenue
Lubbock, TX 79401
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
20
Ilv WITNESS HEREOF, the parties hereto have executed this Agreement as of the latest
date below.
APPROVED AS TO FORM:
/ "_
Assistant City Attorney
Date:
M&C # C22315
Cont�act Authorization
August 24, 2007
Date
CITY �' FORT WORTH
/
/ �
-''. �-� ��'�-� ,
Libby Watson
Assistant City Manager
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Date: / � " (/'��
ARTIST
Steve Teeters
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Steve�..T eters
Date:
STED BY:
Marry Hendrix
Ciry Secretary
Date: �l`-� ��
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Exhibit A: Site
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22
Exhibit B: Proposal
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CONCEPTUAL DESCRIPTION:
Rodeo Plaza Sculptures
Steve Teeters
The sculptures that I have designed for Rodeo Plaza reflect and emphasis the cultural role
that the Fort Worth Stockyards have played in the overall development of the unique city
that Fort Worth is. The sculptural cowboy belts with fiber optic lighting provide
sculptural seating, photo opportunities and subtle landscape lighting while providing
details about the history of the stockyards etched onto the conchos of each belt. The
sculptural spurs reflect the diverse history of the Stockyards by celebrating the cowboys
that did the work in getting the cattle to and from the stockyards. One spur, a Chihuahua
style spur reflects the Mexican caballero heritage that was crucial to the success of the
cattle indust�•y in Texas and North America, the other a Kelly style spur reflects the other
nationalities that dedicated their lives to working the livestock of the West.
PHYSICAL DESCRIPTION: Materials, Fabrication, Installation
Rodeo Plaza Sculptures
Steve Teeters
The materials that I have designated for the Rodeo Plaza sculptures have been designed to
give a great visual impact to the viewer and to be as archival and maintenance free as
possible. The Sculptural cowboy belts will be fabricated fi•om core-ten steel that has a life
span of 100 + years and will be illuminated by fiber optic lighting the has minimal
maintenance due to the long life of the bulbs. The details on the conchos and the
cowboy's belt historical text will be coordinated with the visitor center and museum at
the stockyards so that all historical text is in line with what visitors would see or read
elsewhere about the Stockyards.
All sculptures will be installed according to the footing designated by the sculptural
engineer for this project, C.V. Sui�endran of Lubbock. All fabrication and installation
except the electrical will be done by artist Steve Teeters and his staff and he electrical
will be installed by Neill Electric of Lubbock, Texas. The Fiber optic light system is the
Eclipse 2 250 outdoor unit utilizing ultra st�anded fiber optic cable that is side
illuminating for the greatest amount of light, this 110 volt system is illuminated by a 250
halogen bulb and secured in place by 14mm mounting clips within the sculpture.
Maintenance for the sculptures due to using core-ten and stainless steel is minimal each
yeas• as no painting or touch up is necessary. The lighting systems for the cowboy belts
will require periodic replacement of the bulbs by the City of Fort Worth.
24
Exhibit C: Sales T� Exemption
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TEXA:i GER'�'iFICATI� UF E7C�h1�''1'IQN
• I sluitn en Gxemptiou fmm paymant of s�les nnd u.sa in�crs far tl�e purcha�c of tuxablc
-- ttems de:M.-rihr_.r� bciow �r on U,c nttachcd nrcfer or invaice.
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Dcxcsiption af Items (or s,� attaehe<i order ar invbiea)'I'o Be Purr���;
All Ilems
I clalin thi.v cxcinptian for [fie follawing reason:
Nnmc of exr.mpt orE,a�i7aunn: City ofI'ort Wurfh
' '�'r.zas Sal�s nnd 11s� Tsr �'cr�i[ Numbar 1m75-6ppD528-6
I'rojc�t for which mntcrist, nnd s�t�rrlies eit purc.hasad: -
I wedarstsftd thAt [ wilj i+c Iinble fur paynicat of s;��as tax, �•hich may bcc��mr. duv for
fa;lur� tu comply with [24e pmvisirrns of rl�e sl,tc, citv, xncifar mctro�x,litnn Vansi[
aeithority ,:a1es ::n<i usc tnx la�ti•s ,nd eoe�ipfrcy[Ir.r euies reg�rdicig exempt purchascs.
1.inbi[iry f?,r the fax v,ri�1 be detcnnineci Uy 1lie ��c.�e psid fur the ttuc�Llc iiems pucohsser�
ur fhc f5ir mnrkci re_nRal valve for the prrip� o£tim� uscd.
I ruidcrstaeeJ [hnt it ix 1 misdemr-e.iic,r tn givc �� exemptio» cenircnte to U�a sellr.r f�r
taxshj� itccnr; whicJ� [ l�eow, at th�c limr. of tl�t r�urr_hnu, wil! h� tcsr� in a �n�:nn�r t�ther
than �ha► �x�Pnssd in ihis ccrtificatc nnd, u�on cnnvirtiu,y, rnny bc fittui �t� In �S(t¢ pGi.
offensc.
Tare t:xampt Statug [h�e ta Being a C3�vsmmcc�u� f�tity
FurcFu�sor: C_ityafF�tt Worth - .�
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"Iliis ccnifiexx�r docs nnt r�yuerr. a numt�or to 6c v�lid. S:ilr.s and uu Ir�x "exemption
nuirtlx.rs" ur "I�x exempC" roumhcis J�� not cxist.
Tl�es c.ertific�te� shuuld I.iE fumi.tihed to Ihe su�yplier, E�o uut �nnd tFtc iumpCeted ccitificutr
to the Cuynr�rt�llzr of PuGlic i1���ls,
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25
Exhibit D: Insurance
PUBLIC ARTS PROJECT
INSURANCE REQUIREMENTS
l. Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include but not be limited to the following: premises operations,
independent contractors, products/completed operations, personal injuiy, and contractual
liability. Insurance shall be provided on an occui7•ence basis, be as comprehensive as the
cui-�•ent Insurance Services Office (ISO) policy.
2. Automobile Liability
$1,000,000 Each accident
or
$250,000 Properry Damage
$500,000 Bodily Injury per person per occui�rence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
3. For Artists/Contractors who have emplovees: Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occui7ence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occui7ence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
��
GENERAL POLICY REQUIREMENTS
• The City of Fort Worth, its Officers, Employees and Volunteers shall be named as
an Additional Insured. Exception: the additional insured requuement does not apply to
Workers' Compensation policies.
• Forty-five (45) days notice of cancellation or non-renewal.
Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled
or non-renewed, until after forty-five (45) days prior written notice has been given to the
City of Fort Worth."
• Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
• The insureis for all policies must be licensed/approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum rating of
A: VII in the cunent A. M. Best Key Rating Guide or have reasonably equivalent
financial st�ength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
• If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall follow
form of the primary coverage.
• Unless otherwise stated, all required insurance shall be written on the "occui7•ence
basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date of the cont�•actual agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of the contractual agreement and
for five (5) years following completion of the seivice provided under the contractual
agreement or for the wa�7anty period, whichever is longer. An annual certificate of
insurance submitted to the City shall evidence such insm�ance coverage.
• The deductible or self-insured retention (SIR) affecting required insurance
coverage shall be acceptable to and approved in writing by the Risk Manager of the City
of Fort Worth in regards to asset value and stockholdeis' equity. In lieu of traditional
insurance, alternative coverage maintained through insurance pools or risk retention
groups must also approved by the City's Risk Manager.
• The City, at its sole discretion, reserves the right to review the insurance
requuements and to make reasonable adjustments to insurance coverages and theu limits
when deemed necessary and prudent by the City based upon changes in statutoiy law,
court decision or the claims history of the industry as well as of the contracting party to
the City of Fort Worth. The City shall be requued to provide ninety days notice of any
change.
27
• The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particular policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either
of party or the underwriter on any such policies.
:
Exhibit E: Technical and Maintenance Record
ARTIST INFORMATION SHEET
LOCATION:
ARTIST:
ADDRESS:
CITY:
PHONE:
CELL:
GALLERY/REPRESENTATIVE:
TITLE OF WORK:
STATE: ZIP:
FAX:
EMA1L:
DESCRIPTION OF ARTWORK (attach if necessary):
MED1UlVI OR MATERIAL (list specific product information if relevant):
EDITION INFORMATION:
DATE AND PLACE EXECUTED:
INSTALLATION DATE:
LOCATION OF ARTWORK AT SITE (attach architectural plans if available):
COLLABORATIlVG ARTIST:
FABRICATOR (if other than a�•tist):
29
ARTIST:
TITLE:
FABRICATOR ADDRESS:
LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright):
DIMENSIONS (in inches):
Artwork (without frame, mat, or pedestal): Height Width
Frame: Height Width Depth Aprox. Wt.
SPECIAL METHODS / MATERIALS UTILIZED IN EXECUTION OF ARTWORK:
A. MATERIAL (rype, brand name, manufacturer):
B. FRAMING MATERIALS AND / OR CONSTRUCTION METHOD:
C. MATERIAL THICKNESS (guage): _
D. WELDING OR JOINTING METHOD:
E. WELDING ROD ALLOY OR JOINT MATERIAL:
F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE
G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina, fixative
coatings, etc.)
H. FOUNDATION/II�ISTALLATION METHOD (boltlpin size, adhesive)
ARTIST:
30
TITLE:
L YEARLY MAINTENANCE AND CARE OF ARTWORK:
J. ROUTINE MAINTENANCE:
K. INTENTION RELATING TO ART'WORK OVER TIME (patina, etc. To what
sui�face should the work be cleaned?):
L. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.):
M. CONSERVATION CONSULTANT:
ADDRESS:
PHONE:
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 03PH1ARODEOPLZK REFERENCE NO.: C-22315
SUBJECT:
Authorization to Enter into an Artwork Commission Contract with Steve Teeters for Fabrication and
Installation of Multiple Functional and Non-Functional Elements, as Part of Phase I:A of Public Art /
Design Enhancements for Rodeo Plaza at the Stockyards
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter in#o an Artwork Commission
Contract with Steve Teeters, in an amount not to exceed $110,500, for fabrication, installation, artisYs fees
and other related costs for Phase I:A Public Art / Design Enhancements for Rodeo Plaza at the Stockyards.
DISCUSSION:
The proposed Artwork Commission Contract would enable Steve Teeters to fabricate and install multiple
functional and non-functional public art / design enhancements for Rodeo Plaza at the Stockyards, with the
goal of encouraging pedestrian activity by providing outdoor seating, historical information and photo
opportunities in one of Fort Worth's top tourist destinations, including: 1) Two large-scale metal sculptures
that resemble tooled leather cowboy belts that incorporate historical information about the Stockyards and
have two accompanying functional benches; and 2) Two functional spur seating sculptures that resemble
large scale cowboy and vaquero apparel and tack.
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 apart of the
City's agreement with the Arts Council of Fort Worth & Tarrant County, Inc., for administration of the Fort
Worth Public Art Program. It is proposed that Public Art Fund monies be used to fund Phase I:A of the art
project. 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. The proposed contract for the free-standing
elements covered in Phase I:A is required because the artist must begin now so that the elements are
ready to install when Plaza construction is complete. A separate M&C and contract for Phase I:B Public
Art / Design Enhancements will come forward concurrently with the Plaza construction M&C and contract in
Fall 2007. Phase I:B elements may include: 1) Functional street lights that compfiment the architectural
details of adjacent buildings; 2) Enhanced gate and entry archway for the North entrance to Rodeo Plaza;
3) A functional archway with seating at Coliseum exit, enhanced with replicas of vintage cowboy and
vaquero hats and boots; and 4) Two light sconces for the new South Gate based on Fort Worth icon, "Miss
Molly;" as well as on site educational opportunities for children and families during the installation phase of
the project. It is anticipated that Phase I:B Public Art and Design Enhancements will be funded from a
combination of Public Art Fund monies and construction funds.
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
http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 9/4/2007
Page 2 of 3
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 di two finalists (one finalist
declined the interview) and the alternate, and then unanimously recommended Steve Teeters for the
project.
Selection Panel (Voting):
- Council Member Sal Espino, Council District 2
- Gary Brinkley, Stockyards Station (Community Representative)
- Randy Phillips, Senior Urban Design Landscape Architect, Carter-Burgess (Project Consultant
Representative)
- Helen Sides, Fort Worth Art Commission Representative
- Stacy Fuller, Instructional Services Manager, Amon Carter Museum
- Viola Delgado, Local Artist
Advisors (Non-Votina):
Representatives of:
- Huitt-Zollars, Inc.
- Transportation & Public Works Department, City of Fort Worth
- Parks & Community Services Department, City of Fort Worth
On August 14, 2006, the Fort Worth Art Commission (FWAC) reviewed the Artist Selsction Panel's
recommendation, and then made a formal recommendation to engage Steve Teeters to develop a proposat
for Rodeo Plaza at the Stockyards. On September 18, 2006, Steve Teeters presented his proposal to
community stakeholders. The presentation / proposal was well-received by that group. That evening, the
artist also 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. On December 20, 2006, Steve
Teeters was placed under a Design Contract for an amount not to exceed $50,000.
On May 16, 2007, Steve Teeters presented his final design and budget to the Fort Worth Art Commission,
which recommended a total of $263,400 from the Public Art Fund for Rodeo Plaza Public Art / Design
Enhancements, to include all of the elements listed above (Phase I:A and Phase I:B). The FWAC
recommended funding in this amount from the Public Art Fund with the understanding that approximately
$56,600 in construction funds would also be added to the artist's budget to offset the costs of fabricating
and installing the functional elements, for total funding of $320,000 for Public Art / Design Enhancements
for Rodeo Plaza (Phase I:A and I:B).
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/AccountlCenters FROM Fund/Account/Centers
C291 541200 032980022280 $110,500.00
http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 9/4/2007
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Karen Montgomery (6222)
Bridgette Garrett (8518)
Sandy Oliver (7371)
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http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 9/4/2007