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:
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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e (3) years
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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
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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
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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
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CIT�OF FORT WORTH
Libby Wa on
Assistant City Manager
ARTIST
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Stev eters
ATTESTED BY: ,
Marty Hei rix
City Secretary
M&C C-21830
Contract Authorization
November 14, 2006
Date
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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.
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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
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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
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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
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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