HomeMy WebLinkAboutContract 33936 (2) T�RYL5AI
DESIGN TEAM AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND LETITIA HUERTA FOR PUBLIC ART / DESIGN
ENHANCEMENTS THE LEBOW CHANNEL WATERSHED
PROJECT
This Agreement by and between the CITY OF FORT WORTH, a municipal
corporation, located in Tarrant County, Texas, (the "City") acting by and through Libby
Watson, its duly authorized Assistant City Manager and Leticia Huerta (the "Artist").
The "Contract Manager" shall be The Arts Council of Fort Worth&Tarrant County.
WHEREAS, the City is implementing the Fort Worth Public Art Program
pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, (the "City Code"), in order to create an enhanced visual environment for Fort
Worth residents, to commemorate the City's rich cultural and ethnic diversity, to
integrate the design work of artists into the development of the City's capital
infrastructure improvements and to promote tourism and economic vitality in the City
through the artistic design of public spaces; and,
WHEREAS, allocated in the 2004 Capital Improvement Program ("CIP"), are
funds for artist fees and costs related to the production of artwork for the Lebow Channel
Watershed Project; and,
WHEREAS, the Fort Worth Art Commission has recommended that the Artist,
selected from the Fort Worth Public Art Program's Pre-Qualified List of Established
Artists, participate with the City's project consultants, Teague Nall and Perkins (the
"Design Team"), to develop public art and design enhancement recommendations (the
"Work") for the Lebow Channel Watershed Project(the"City Facility"); and,
WHEREAS, the City and the Artist wish to set out the terms and conditions for
the Artist's participation in the Project;
NOW, THEREFORE, the City and Artist for and in consideration of the
covenants and agreements hereinafter set forth, the sufficiency of which is hereby
acknowledged,agree as follows:
ARTICLE 1
SCOPE OF SERVICES AND DELIVERABLES
1.1 Scope of Services.
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CITY M(11�_11214E.-- 1 -,
a. Artist shall actively participate and cooperate with the Design Team, City staff
and the Contract Manager in creating the Work.
b. Artist may use consultant support, as determined by Artist, at no additional
expense to the City.
c. Artist shall identify specific public art opportunities within the Lebow
Channel Watershed Project site, including but not limited to:
i. New water crossings in the linear park and other sites along the
watershed, including detention ponds; and
ii. Incorporation of designs into pedestrian bridges at Trail
Drivers Park or along the watershed.
d. Artist shall involve at least one artist from the Fort Worth Public Art
Program's Pre-Qualified List of Emerging Public Artists in the planning
process and shall also suggest a range of opportunities for local artist
involvement in the project.
e. Artist shall attend and participate in Fort Worth meetings as required.
Required meetings include: (1) an orientation session/site tour; (2) meeting
with neighborhood constituents and (3) a presentation to and the project
stakeholders and Fort Worth Art Commission at a mutually agreed upon date.
1.2 Deliverables and Public Art Proiect Manager Responsibility.
a. Artist shall perform the services and furnish all supplies, materials, and
equipment necessary in a timely manner to complete the Work and provide
the following deliverables for City approval and inclusion in the document to
be published by Teague Nall and Perkins :
i. Graphics on presentation boards (may include diagrams on
existing photographs, maps, and/or drawings indicating
locations of public art opportunities);
ii. Preliminary narrative and renderings describing recommended
public art locations, approaches, concepts, along with cost
estimates to not exceed the allocated budget of$302,681; and
iii. Final written narrative and renderings describing recommended
public art locations, approaches, concepts, media, and potential
budget allocations for recommended public art locations, as
well as a written proposal for Artist's involvement in future
concept implementation.
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b. The Contract Manager's public art project manager, and one other designated
design team member shall constitute the Artist's primary and secondary
contact person respectively. Upon completion of the proposal for inclusion of
artwork at the City Facility, the public art director shall provide consolidated
comments and clear direction to the Artist within two weeks of receipt of
Artist's final deliverables.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fixed Fee.
The City shall pay the Artist a fixed fee in the amount of THIRTY SEVEN THOUSAND
EIGHT HUNDRED THIRTY FIVE DOLLARS AND NO CENTS ($37,835), which
shall constitute full compensation for all services and materials to be performed and
furnished by the Artist under this Agreement, inclusive of all travel expenses. The fee
shall be paid in the following installments, expressed as percentages (or portions) of such
fixed fee, each installment to represent full and final, non-refundable payment for all
services and materials provided prior to the due date thereof:
a. Twenty five percent (25%) upon execution of this Agreement,
recognizing the Artist has already invested time and expense in
preliminary design coordination with the City;
b. Twenty-five percent (25%) within thirty (30) days after the Artist
submits the preliminary report and designs described in Section 1.2.a.i and
1.2a.ii;
C. Forty percent (401/o) within thirty(30) days after the Artist submits
the final report and other deliverables described in Section 1.2.a.iii; and
d. Ten percent(10%) within thirty(3 0)days after the City notifies the
Artist of its approval of detailed designs and other items required under
Section 1.2.a.
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 Project. The City shall supply the Artist with the "Texas
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Sales Tax 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 incurred 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 travel, and
costs for Artist's agents, consultants, and/or employees necessary for the proper
performance of the services required under this Agreement.
ARTICLE 3
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
The Work and all other work product under this Agreement shall become property of the
City, without restriction on future use, except as provided below. Artist shall retain
copyright and other intellectual property rights in and to the Work. By execution of this
Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict
or display the Work for any non-commercial purpose whatsoever; for purposes of this
limitation, any graphic depiction or display of the Work 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. Notwithstanding the above limitation, Artist agrees
and understands that nothing in this paragraph shall affect or limit the City's absolute,
unrestricted rights incidental to the City's full ownership of the final artwork to alter,
change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or
transfer, in whole or in part,the final artwork when the City deems it necessary within its
discretion, in order to otherwise exercise the City's powers and responsibility in regard to
public works and improvements, in furtherance of the City's operations or for any other
reason.
ARTICLE 4
WARRANTY
The Work shall be the original product of the Artist's own creative efforts. Artist
warrants that the Work is and will be original and agrees to 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
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City's use or possession of the Work by reason of an alleged or actual copyright violation
or other lack of ownership, authorship, or originality.
ARTICLE 5
ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of the City. The Artist shall have
exclusive control of, and the exclusive right to control the details of the work performed
hereunder, and all persons performing same, and shall be solely responsible for the acts
and omissions of his/her officers, agents, employees and subcontractors. Nothing herein
shall be construed as creating a partnership or joint venture between the City and the
Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat
superior has no application as between the City and the Artist.
ARTICLE b
INDEMNIFICATION
The Artist agrees to defend, indemnify and hold the City, its officers, agents, servants and
employees, harmless against any and all claims, lawsuits, actions, costs and expenses of
any kind, including but not limited to, those for property damage or loss (including
alleged damage or loss to Artist's business and any resulting lost profits) and/or personal
injury, including death, that may relate to, arise out of or be occasioned by (i) the Artist's
breach of any of the terms or provisions of this Agreement or (ii) any negligent act or
omission or intentional misconduct of the Artist, its officers, agents, associates,
employees, contractors or subcontractors, related to this Agreement. Nothing herein shall
be construed as a waiver of the City's governmental immunity as further provided by the
laws of Texas.
ARTICLE 7
EQUAL OPPORTUNITY
a. The 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. The Artist shall take affirmative action to ensure that
employees are treated equally during employment, without regard to their race, color,
religion, sex, sexual orientation and national origin. Such action shall include but not be
limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay
or other forms of compensations, and selection for training, including apprenticeship.
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The Artist agrees to post in conspicuous places, available to employees and applications
for employment, notices to be provided by the City setting forth the provision of this
nondiscrimination clause.
b. The Artist shall 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 race, color, religion, sex, sexual
orientation, or national origin.
C. The Artist shall furnish all information and reports requested by the City
of Fort Worth, and shall permit access to its books, records, and accounts for purposes of
investigation to ascertain compliance with such rules and regulations.
d. In the event of the Artist'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 of
Fort Worth.
ARTICLE 8
MISCELLANEOUS
8.1. Compliance.
The Artist shall comply with all Federal, State and City statutes, ordinances and
regulations applicable to the performance of the Artist's services under this Agreement.
8.2. Entire Agreement.
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby.
8.3. Amendments.
No alteration, change, modification or amendment of the terms of this Agreement shall
be valid or effective unless made in writing and signed by both parties hereto and
approved by appropriate action of the City.
8.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of
any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver
of any right or acceptance of defective performance.
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8.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas —Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
8.6. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void. This Agreement shall be
binding upon and shall inure to the benefit of the City and the Artists and their respective
successors and permitted assigns.
8.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of the City and
the Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
8.8 Severability.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
8.9. Force 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.
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8.10. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
8.11. Fiscal Funding Out.
If for any reason at any time during any term of this Agreement the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the
City may terminate this Agreement to be effective on the later of (i) thirty (30) days
following delivery by the City to the Artist of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council
for the purposes set forth in this Agreement.
8.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
8.13. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
8.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
8.15 Artist's Right to Complete.
It is understood that the Work provided under this Agreement will require the Artist's
involvement in design development and implementation phases to insure the integrity of
the Artist's design and copyright. In the event that the City elects not to pursue the Work
at any time after the Work is completed under this contract, all rights to its production
and/or construction reverts to the Artist and the City relinquishes any claim to develop
further or to construct the Work.
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8.16. Right to Audit.
The Artist agrees that the City will have the right to audit the financial and business
records of the Artist that relate to the Work (collectively "Records") at any time during
the Term of this Agreement and for three (3) years thereafter in order to determine
compliance with this Agreement. Throughout the Term of this Agreement and for three
(3) years thereafter, the Artist shall make all Records available to the City on 1000
Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to
both parties following reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit. Notwithstanding anything to the contrary
herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement.
8.17 Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
ARTICLE 9
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: 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
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2. ARTIST Leticia Huerta
1702 Wellington Court
Arlington, TX 78023
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of
the latest date below.
CITY F FORT WORTH
LA6y Watso
Assistant City Manager
Date:
ARTI
Leticia Huerta
Date: � 4
;APROVED AS TO FORM: ATT ED BY:
Leann Guzman Marty Hendrix
Assistant City Attorney City Secretary
Date: Date: (I I I
C-21531
Contract Authorization
20 June, 2006
Date
OFFICJA1IIH r1,51)
10 CITY
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2006
DATE: Tuesday, June 20, 2006
LOG NAME: 03LEBOWART REFERENCE NO.: C-21531
SUBJECT:
Authorization to Enter into a Design Team Contract and, Upon Approval, a Subsequent Artwork
Commission Contract with Leticia Huerta for Public Art/Design Enhancements for the Lebow
Channel Watershed Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a Design Team Contract with Leticia Huerta to plan and
recommend public art/design enhancements and concepts for the Lebow Channel Watershed, in an amount
not to exceed $37,835; and
2. Authorize the City Manager to enter into an Artwork Commission Contract with Leticia Huerta for final
design, fabrication and installation and/or installation oversight of approved public art/design enhancements
for the Lebow Channel Watershed, for an amount not to $340,516.
DISCUSSION:
The Design Team Contract for public art will enable Leticia Huerta to work collaboratively with the City of
Fort Worth and its project consultant, Teague Nall and Perkins, with community input, to develop public
art/design enhancements as part of the Lebow Channel Watershed project (encompassing a 2.5 square
mile area stretching southward from the BNSF/DART Railroad/33rd Street to the Trinity River and bordering
Trail Drivers Park and the Stockyards). Leticia Huerta will be responsible for developing various public
art/design enhancement options that reflect the adjacent neighborhoods, ranging from concepts for the new
water crossings, the linear park and other sites along the watershed, including the detention ponds.
Concepts for a pedestrian bridge in Trail Drivers Park may also be considered. Some design enhancements
may be artist fabricated and installed, while others may be included in the construction documents.
It is anticipated that implementation of the public art / design enhancements will occur under an Artwork
Commission Contract and/or the agreement with the City's general contractor and shall not exceed
$340,516. As the Lebow Channel Watershed is a 2004 Capital Improvement Program (CIP) drainage
project, the funds for this public art will come from 2004 CIP Public Art funds.
BACKGROUND:
On May 17, 2005, the City Council approved the Long-Range Public Art Plan for the 2004 CIP, in which the
Lebow Channel Watershed project was identified for CIP Public Art funding.
On December 16, 2005, the Arts Council of Fort Worth and Tarrant County, Inc. held an artist selection
panel that considered 16 artists from the Fort Worth Public Art Pre-Qualified List of Established Artists, and
unanimously recommended Leticia Huerta. The Artist Selection Panel consisted of:
Selection Panel (Voting):
City Council Member Sal Espino, Council District 2
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
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Regina Blair, Fort Worth Art Commission (FWAC) Representative
Kelly Dillard, Lead Project Designer, Teague Nall & Perkins
Frances Colpitt, Visiting Professor, TCU
Eduardo Aguilar, Art Professor, Tarrant County College
Cathy Hernandez, Executive Director, Latin Arts Association of Fort Worth
Eliseo Garcia, Artist, FWAC appointee
Ron Shearer, President, Diamond Hill Jarvis Neighborhood Advisory Committee
Gary Brinkley, Stockyard Station
Advisors (Non-Voting):
Teresa Ayala, Community Services Advisory Board
Adelaide Leavens, Streams &Valleys, Inc.
Don McChesney, Transportation / Public Works Department
Harold Pitchford, Parks and Community Services Department
On January 16, 2005, the Fort Worth Art Commission approved the Artist Selection Panel's
recommendation of Leticia Huerta as artist for the Lebow Channel Watershed project.
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 located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) $37,835.00
C200 531200 032980008430
2) $37,835.00
C200 531200 032980008433
2) $302,681.00
C200 541200 032980008480
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Sandy Oliver (7371)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006