HomeMy WebLinkAboutContract 36207 (2) AMENDMENT TO CITY SECRETARY
CONTRACT NO. 35772
WHEREAS, on September 11, 2007, the City of Fort Worth ("City") and Steve Teeters
("Artist") made and entered into City Secretary Contract No. 35772 (the "Contract') as
authorized by City Council (M&C C-22315) and the City designated the Arts Council of Fort
Worth and Tarrant County, Inc., as its Contract Manager; and,
WHEREAS, under the Contract, Artist shall 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 vaquero apparel and tack ("Sculpture Spur Seating") (collectively known as the "Work"), 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 (the "Site"); and,
WHEREAS, article I.I.f. of the contract stated that "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 IV; and,
WHEREAS, City desires to expand Artist's scope of services to include various
functional, integral public art / design enhancements for Rodeo Plaza at the Stockyards: 1)
Functional street lights (sculptural street light poles and sculptural pendant lights) that
complement the architectural details of adjacent buildings; 2) Enhanced sculptural entrance gate
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; 4) Four light sconces for
the new South Gate based on Fort Worth icon, "Molly;" as well as on-site educational
opportunities for children and families during the installation phase of the project; ( the "Work,
Phase I:B"); and,
WHEREAS, the Artist requires additional funds to provide the expanded scope of
services; and,
WHEREAS, the City Council has authorized (in M&C C-22494) an increase of the
contract amount by an amount not to exceed $255,192, for implementation of Phase I:B; and,
WHEREAS, it the mutual desire of City and Artist to amend the Contract,
i EEC
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager,
and Artist, whose address is 719 Buddy Holly Avenue, Lubbock, Texas, 79401, do hereby agree
as follows:
I.
Recitals (page 1, third paragraph of Agreement). This recital is amended to read as follows:
"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: (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 vaquero apparel and tack ("Sculpture Spur
Seating"), (3) Twenty-one functional sculptural street lights and Six functional
sculptural pendant lights that compliment the architectural details of adjacent
buildings; and, (4) An enhanced sculptural gate with solar opener for the north
entrance to Rodeo Plaza; and, (5) Fabrication and installation of an archway with
seating at the Coliseum exit, enhanced with replicas of vintage cowboy and
vaquero hats and boots; and, (6) Final design, fabrication and installation of
sculptural elements on the arched top, utilizing existing truss, at the North
Entrance Gate; and, (7) Fabrication and installation of four light sconces for the
new South Gate based on Fort Worth icon "Molly"; and, (8) Planning and
execution of on-site educational opportunities for children and families during the
installation phase of the project, as described in Artist's proposal attached hereto
as Exhibit`B", (numbers 1-8 collectively, the"Work");"
II.
Section 1.2. Artist Selection and Commission. This section is amended to be read as follows:
"City and Artist acknowledge that the Artist's final design for a
substantial portion of the Work, 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. (Note: Exhibit B has been
revised and replaces the Exhibit B in the contract).
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III.
Section 1.3 of the Agreement is renumbered as Section 1.4, Section 1.4 of the Agreement is
renumbered as Section 1.5, Section 1.5 of the Agreement is renumbered as Section 1.6, Section
1.6 of the Agreement is renumbered as Section 1.7, and Section 7 of the Agreement is
renumbered as Section 8, and a new Section 1.3 is inserted as follows:
"Section 1.3. Final Design for Arched Top at North Entrance and Educational
Component
a. Artist shall perform all services and furnish all supplies, materials, and
equipment as necessary to develop a Final Design of design enhancements for the
arched top at the North Entrance Gate utilizing the existing truss structure, and
subject to aesthetic review by the Fort Worth Art Commission and structural
design review and approval by the City (the "Final Design"), and Artist shall
develop a detailed plan, including a narrative and budget, for an educational
component to take place during the installation phase.
b. Artist shall provide a final design illustration of at least 20" x 30" for the
Artwork, mounted on foam core and supplied in a high resolution digital format,
that shows the Artwork's size and placement in relation to the Site, as appropriate.
Design presentation materials, including a set of the high resolution digital
images, shall become the property of the City. [NOTE: The illustrations provided
during the proposal phase of this project may fulfill all or part of this requirement
to the extent that such drawings represent the final design].
C. Artist shall provide a final written narrative describing: (1) the design
concept and timeline for completion; (2) technical specifications for all electrical
and lighting components; and, (3) maintenance requirements for all elements of
the Artwork as dictated by the Artist along with cost estimates for annual
maintenance.
d. Artist shall provide a final budget for the Artwork, inclusive of fabrication
and installation, with written estimates attached for supplies and services provided
by others.
e. Artist shall consult with an engineer and with the City's project manager
to insure that there is adequate structural support of the Artwork.
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f. Artist shall provide comprehensive working drawings detailing the means
of installing the Artwork at the Site, together with other such graphic material as
may be requested by the City in order to permit the City to carry out structural and
electrical design review. These drawings must be signed and stamped by an
engineer and/or architect licensed to work in the State of Texas as required by the
City. Artist will obtain and furnish to the City certificates of 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 1.31. for any use other than the Final
Design.
g. Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the Artwork from said conservator to
the Contract Manager.
h. Artist shall present the Final Design to the designated community advisory
group, City officials and the Fort Worth Art Commission for review and approval
at dates and times mutually agreed upon.
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."
IV.
1.4. Execution of the Work. Section 1.4.a is amended to read as follows:
"a. Upon execution of this Amendment, Artist shall promptly furnish
to the Contract Manager an updated 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 fabrication,
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."
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V.
1.5. Delivery and Installation. Section 1.5.c is amended to read as follows:
"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 is
responsible for the installation and cost of the foundation and footings for the
sculptural street light poles and the sculptural solar powered gates at the North
Entrance. The Artist shall build the foundation and footings according to the
stamped engineering drawings provided by the Artist, as approved by the City.
The Artist is responsible for the installation of the "Molly" sconces on the South
Gate."
VI.
Section 2.1. Fee. This Section is amended to be read as follows:
"a. City and Artist agree that the contract amount not to exceed
THREE HUNDRED FORTY THOUSAND FIVE HUNDRED DOLLARS AND
NO CENTS ($340,500) (the "Fee") shall constitute full compensation for all
materials furnished and services to be performed by Artist under this Agreement
and for the completion of the Artwork as proposed, inclusive of final design,
execution, fabrication, transportation, delivery, installation consultation,
insurance, and incidental costs and Artist's fee for the Work. The fee shall be paid
in the following installments, expressed as fixed amounts, each installment to
represent full and final, non-refundable payment for all services and materials
provided prior to the due date thereof:
1. 55 250 upon full execution of the original contract; and,
2. 113 500 upon full execution of this Amendment Agreement and
submission of an updated schedule; and,
3. $3,000 upon approval of final design of arched top at the North
Gate and approval of plans for educational workshops; and,
4. 67 500 upon completion of fabrication of and approval of City
before delivery of sculptures to Site; and
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5. 67 500 upon installation of sculptures and design enhancements
and implementation of educational workshops; and
6. $33,750 within thirty-five (35) days after delivery and installation
and Final Acceptance and receipt by City of such documentation it
may require concerning payment of services and supplies rendered
to the Artist [see Section 1.7 (a)] provided, however, that final
delivery shall not be tendered prior to the expiration of thirty (30)
days after final acceptance.
Funds previously paid to the Artist prior to this amendment
shall apply toward the total Fee.
b. Notwithstanding the foregoing, the Fee does not include
compensation for the fabrication and installation of sculptural
enhancements for the arched top at the North Entrance Gate,
for the educational component, or for any unforeseen changes
in scope, material, fabrication or installation costs. City shall
pay to the Artist, upon (i) approval of the Fort Worth Art
Commission of the plans for the sculptural enhancements for
the arched top at the North Entrance Gate and for the
educational component, if applicable (ii) receipt of supporting
documentation by the Contract Manager from the Artist and
(iii) approval by the Contract Manager of the additional costs,
contingency funds in an amount up to $25,192 for costs
associated with the Work that are incurred by the Artist
("Contingency Funds").
VII.
Section 3.2. Duration. This section is amended to be read as follows:
"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 pursuant to Section 1.4.a.; provided, however,
such time limits may be extended or otherwise modified by written agreement
between the Artist and the City."
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VIII.
Section 3.3. Early Completion of Artist Services. This section is amended to be read as
follows:
"The Artist shall bear any transportation and storage charges incurred from the
completion of the services prior to the time provided in the schedule for delivery
(see Section 1.4.a)."
IX.
5.1 General. This section is amended to be read as follows:
"The Artist shall carry insurance as set out in Exhibit "13".
Except as provided in Section 1.8 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."
X.
7.2. Maintenance. This section is amended to be read as follows:
"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 maintained and protected, taking into account the maintenance
instructions provided by Artist in accordance with Section 1.5 and Exhibit "F",
Technical and Maintenance Record."
All other terms and conditions of City Secretary Contract No. 35772 not amended herein remain
unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the
parties.
IN WITNESS WHEREOF, the p es��hereto ha executed fou copies of this contract
amendment in Fort Worth, Texas, this\ day of , 2007.
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ATTEST: CITY OFF FORT WORTH
`'7' �
' L bby Watson
Assistant City Manager
City Secretar
AP OVED AS TO FORM AND LEGALITY:
ssistant City Attorn
-L-0—a-44--
b
ARTIST
Stev eeters
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 3 , 2007
by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort
Worth, Texas.
ROSEIiABARNES NOTARY PUBLIC, STATE OF TEXAS
' MY COMMISSION EXPIRES
March 31,2009
STATE OF TEXAS §
/. §
COUNTY O §
This instrument was acknowledged before me on 1 ' , 2007
by Steve Teeters, Artist.
TAR UBLIC,STATE OF TEXAS
,qv FRAN DUNN
* *F Notary Public,State of Texas
y Commission Exores 06-15.2008
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Exhibit
Exhibit"B": Pro osal
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CONCEPTUAL DESCRIPTION: Narrative
Rodeo Plaza Sculptures
Steve Teeters
The sculptures that I have designed for Rodeo Plaza reflect and
emphasize the cultural role that the Fort Worth Stockyards have played in
the overall development of this unique city. The sculptural street lights are
designed to reflect the architectural elements of the surrounding buildings
and also the craftsmanship of the old saddle and boot makers who are still
in business at the stockyards today.
Crafted out of mild steel with attention to detail in the rivets and
wraps, which reflect leather work on a saddle, these lamps illuminate a
dark street opening it up to pedestrians at night, and by providing needed
illumination, also eliminate potential vandalism issues.
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 industry 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.
Lastly, the hat rack archway at the exit of the coliseum pays tribute
to the ranches that have been a part of the history of Fort Worth and the
current cattle owners who have donated cattle to the Fort Worth Herd. The
archway, along with seating, sculptural hats of various individuals
associated with the stockyards and the cast bronze work boots, helps us
realize that it was a large group of unique individuals who worked together
throughout the long history of the Stockyards that has made them the
historical attraction they are today for visitors from all over the world.
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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 great visual impact to the viewer and to be as
archival and maintenance free as possible. For the sculptural street lights
we are using mild steel that will have a dye resembling stained saddle
leather, and a clear coat of perma-lac water based lacquer that is a very
durable finish that will resist rust and provide a subtle waxed like finish to
the street lights. The pendant lights will be supported by 1/4 inch airplane
cable that is threaded through hand-forged chain to complete the look
started by the details of the forged wraps on the street lights themselves.
The sculptural cowboy belts will be fabricated from 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, and the 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. The hat rack sculptural archway at the
coliseum exit will be fabricated out of mild steel, core-ten and stainless
steel with neon light accents and cast bronze cowboy boots. The archway
and gate at the north entrance will be fabricated from mild steel, core-ten
and stainless steel and will also include a dual gate Patriot Solar opener
and exit loop detection system and key pad entry system from
USAutomatic of Lewisville, Texas.
All sculptures will be installed according to the footing designated
by the sculptural engineer for this project, C.V. Surrendran of Lubbock.
All fabrication and installation except the electrical will be done by artist
Steve Teeters and his staff and the electrical will be installed by Neill
Electric of Lubbock, Texas. The street lights will use a weather-proof high
pressure sodium light fixture that provides a long bulb life and low
maintenance and each light will be on photo-electric sensors to turn on at
dusk and off at dawn. The Fiber optic light system is the Eclipse 2 250
outdoor unit utilizing ultra stranded 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. The street lights are equipped with a
13
16 inch outdoor flood fixture that houses a 100 watt HID lamp that
provides 24,000 hours of service, so that bulb changes are infrequent, and
the cost of the bulb currently is about twenty dollars per bulb.
Maintenance for the sculptures due to using core-ten and stainless
steel is minimal each year 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.
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Page 1 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/30/2007
DATE: Tuesday, October 30, 2007
LOG NAME: 03RODEOART REFERENCE NO.: C-22494
SUBJECT:
Authorize Execution of a Contract Amendment with Steve Teeters for Final Design, Fabrication and
Installation of Public Art/Design Enhancements for Rodeo Plaza at the Stockyards
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to amend an Artwork Commission
Contract with Steve Teeters for final design, fabrication, installation, artist's fees, education and other
related costs for Public Art/Design Enhancements for Rodeo Plaza at the Stockyards,(known as Phase 1:6),
by an amount not to exceed $255,192.
DISCUSSION:
The proposed amended Artwork Commission Contract would enable Steve Teeters to fabricate and install
multiple functional public art/design enhancements for Rodeo Plaza at the Stockyards (Phase 1:6), with the
goal of encouraging pedestrian activity by providing outdoor lighting, seating, historical information,
education and photo opportunities in one of Fort Worth's top tourist destinations, including:
1. Functional street lights (sculptural street light poles and sculptural pendant lights) that complement the
architectural details of adjacent buildings;
2. Enhanced sculptural entrance gate 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. Four light sconces for the new South Gate based on Fort Worth icon, "Molly;" as well as on-site
educational opportunities for children and families during the installation phase of the project.
On August 14, 2007, the City Council approved M&C C-22315 for an artwork commission contract with
Steve Teeters, in the amount of $110,500 for Phase I:A of the Rodeo Plaza project. The elements covered
in Phase 1:A are free-standing and required the artist to begin fabrication ahead of the integrated, functional
design enhancements, so that these elements would be ready to install when Plaza construction is
complete. Phase LA elements are: 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. It was stated that a separate M&C for the integral Public Art/Design Enhancements
(Phase 1:6) would come forward concurrently with the Plaza construction M&C in Fall, 2007.
The proposed amended agreement would increase the original contract amount (Phase I:A) by an amount
not to exceed $255,192 for Phase 1:6. Funding for Phase 1:6 includes $163,900 from the Public Art Fund
($152,900 from the Public Art Fund as recommended by the Fort Worth Public Art Program's FY 2007-08
Annual Work Plan, adopted by the City Council on September 25, 2007, M&C C-22411; and $11,000
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/1/7007
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remaining from the $50,000 Design Contract authorized by M&C C-21830) and $91,292 in Rodeo Plaza
City construction funds. 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 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 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-Voting):
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 Selection Panel's
recommendation, and then 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 enthusiastically received. 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 ($110,500 Phase I:A and $152,900 Phase 1:6) from the Public Art
Fund for fabrication and installation of Rodeo Plaza Public Art/Design Enhancements, for Phase I:A and
Phase I:B. The FWAC recommended funding in this amount from the Public Art Fund with the
understanding that construction funds would also be added to the artist's budget to offset the costs of
fabricating and installing the functional elements in Phase 1:13.
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 FROM Fund/Account/Centers
C291 541200 032980022283 V5 900.00
C291 541200 202040022280 $91,292.00
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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 12/3/2007