Loading...
HomeMy WebLinkAboutContract 34043 CITY SECRETARY CONTRACT NO. AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CLIFF GARTEN & ASSOCIATES, INC. d/b/a CLIFF GARTEN STUDIO This Agreement ("Agreement"), entered into this 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 CLIFF GARTEN ASSOCIATES, INC. d/b/a CLIFF GARTEN STUDIO (the "Artist"), located at 1315 Preston Way, Venice, CA, 90291. The Artist shall act through Cliff Garten, its duly authorized President. The City has designated the ARTS COUNCIL 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 Lancaster Avenue Construction Contingency and the Capital Reserve Fund for the design and placement of works of art on LANCASTER AVENUE in downtown Fort Worth, TX, 76102, more particularly described as the four (4) medians between Lamar Street and Commerce Street 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 up to twelve (12)three-dimensional, freestanding, internally- lit, stainless steel sculptures on concrete bases and integrated with landscaping and lighting, entitled Avenue of Light, as described in 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 Artwork; 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: J�u�CVUJIkJ Page Iof14 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 Preliminary Proposal, including: i. Finalize total number of sculptures and their respective sizes,to be determined based on available budget ii. Location plan for the sculptures iii. Review and comment on existing irrigation plan iv. Design and engineering of the concrete bases and footings for the sculptures v. Partial fabrication of one sculpture approximately 30' in height in order to determine lighting specifications and structural engineering vi. Landscape plan and associated lighting and irrigation system b. Select experienced and qualified fabricator(s) and installer(s) to execute the Artwork, subject to negotiation of a separate contract between Artist and City for fabrication, delivery, and installation of the Artwork. c. Provide a final budget on the form, attached hereto as Exhibit "C," reflecting total costs and contingency not to exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS $750,000), inclusive of fabrication, delivery, installation, insurance, and all associated costs for the sculptures. A second budget shall include the costs of landscaping and associated lighting and irrigation system separately in an amount not to exceed FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000). d. Present the final design of the Artwork to the Lancaster Steering Committee and the Fort Worth Art Commission for review and approval. Page 2 of 14 U �Ci1,'°�('5? 2q{� -n nc�Ii Ln n 2. Artist has completed l.1.l.a.ii. prior to execution of this agreement. 3. Artist shall complete 1.1.l.a.iii. by September 1, 2006. 4. Within four (4) months after the execution of this Agreement, Artist shall complete 1.1.Li.v. and shall host representatives of the City at his studio to view the partially fabricated sculpture and to observe demonstrations of various options for internal lighting systems and to provide input on such lighting options. 5.. Within six (6) months after the execution of this Agreement, assuming timely interim input and approvals by the City, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Sections 1.1.l.a.ii —v, 1.1.Lb., 1.1.l.c., and 1.1.l.d. (collectively, the "Final Design"), to the City for approval. The Final Design is subject to approval and acceptance by the City as set forth in this Agreement. The Final Design 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 proposal phase of this project may fulfill this requirement provided there are no changes to the design]. b. Final written narrative describing: (1) the final design for Artwork, and landscaping; (2) fabrication and installation methods for Artwork and landscaping and schedule for installation; (3) the maintenance requirements for the sculptures as dictated by artist along with cost estimates for such maintenance; and, (4) the maintenance requirements and for the lighting fixtures by the manufacturer along with cost estimates for such maintenance. c. Final budget for Artwork with written estimates attached. 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 structural design review. These drawings must have a licensed Page 3 of 14 Engineer's and/or Architect's, seal licensed to work in the State of Texas, on work as required by the City. Artist's liability to the City for professional errors or omissions committed by the licensed professionals performing such work will be limited to the amount of professional liability insurance coverage from such licensed professionals. 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 1.1.5.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 Preliminary 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 complete design, fabrication, delivery and installation of the Artwork for a total not to exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($750,000) and, separately, a budget for the landscaping and associated lighting and irrigation system, for a total not to exceed FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000). 1.4. Design Review. a. The City may require the Artist to make such revisions to the Preliminary Proposal or 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. Page 4 of 14 v� l c.:.U� �;L°paid J''v' U ail, YO�, b. The City may also request revisions to the Preliminary Proposal 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 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 contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1. The sculpture fabricated under this contract shall become the property of the City of Fort Worth. If the Final Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services and 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. 6, Page 5 of 14 01"I" HILL' iii:v�:�(ly J Ya 'I a '7 1.5 Familiarity with Site Before finalizing the Final Design, Artist shall examine carefully the Site and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed. The submission of the Final Design by Artist shall be considered evidence that he has complied with these requirements and has accepted the Site as suitable for the work. City shall provide to Artist all information in its possession regarding the subsurface conditions at the Site that relates to the work, including soil conditions, buried utilities, structures, and any other information relevant to the work. It is understood, however,that the Artist has not conducted soils investigations. Artist shall be responsible for all costs associated with naturally occurring differing or unforeseen site conditions, except to the extent such conditions are unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in the construction activities of the character provided for in this Agreement. City shall be responsible for any costs associated with manmade differing or unforeseen site conditions. This provision shall not apply to the renovation, repair, or rehabilitation of any existing structure. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($250,000.00) the ("Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The 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. Sixty 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. Page 6 of 14 b. Thirty 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. 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 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 REPRODUCTION RIGHTS 3.1. 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 design and the artwork is built, except as provided below. If 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 artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the final 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, y/ � Nf.� .1 �i�`i Page 7 of 14 N ��� Uri!, . �� CHj,_ al�n u1 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 and in accordance with the City's deaccessioning policy, 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. 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: "©date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the 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. 3.2. Artist's Address. The Artist shall notify the Contract Administrator of changes in Artist's address. 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement, except for the City's accrued payment obligations, shall not survive the death or legal incapacity of the Artist. Page 8 of 14 ARTICLE 4 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 5 INDEMNIFICATION Subject to the limitations set forth in Subparagraph 1.1.5.d above relating to the Artist's responsibility for the professional errors and omissions of the licensed professionals performing services under subcontract with the Artist, 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; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Artist and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas, nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of Texas. The Artist shall include language substantially similar to this Article in its subcontracts with its design professional subcontracts. Page 9of14 ARTICLE 6 MISCELLANEOUS 6.1. Compliance. The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist services under this Agreement. 6.2. 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. 6.3. 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. 6.4. 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. 6.5. 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. 6.6. 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. Page 10 of 14 6.7. 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. 6.8 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. 6.9. 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. 6.10. 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. 6.11. 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. Page 11 of 14 6.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 6.13 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 "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 6.13 shall survive expiration or earlier termination of this Agreement. ARTICLE 7 EQUAL 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. Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by City setting forth the provision of this nondiscrimination clause. 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. Page 12 of 14 ���/ 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 8 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 2. ARTIST CLIFF GARTEN CLIFF GARTEN STUDIO 1315 Preston Way Venice, CA 90291 Page 13 of 14 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY FORT WORTH Libby Watson Assistant City Manager CLIFF GARTEN &ASSOCIATES, INC. d/b/a CLIFF GARTEN STUDIO 41�)- - By: Cliff G J Title• 1��/G� AP ROVED AS TO FORM: ATTESTED BY: eann Guzman Marty Hendrix Assistant City Attorney City Secretary M&C C-21291 Contract Authorization February 14, 2006 Date Page 14 of 14 'l p 10 :'�`:J U U �u u�a � o ee Com a� W LU - Igoe LU r-j LU c� W FM wwwo sk Lamar Street u _ EXHIBIT 'A' 131 7I 7 '?e 4212 1 / 2 g I e n c o e avenue marina del rey , ca 90292 cg@cIiffgartenstudio . com M M M . c l i f f g a r t e n s t u d i o . c o 1310 . 827 . 4372 f310 . 827 . 4362 k 1 do cliff garten studio Artist's Statement, Lancaster Median Redesign, Cliff Garten Studio Urbanity The revitalized Lancaster Corridor is a vital urban link between the history of the City of Fort Worth and the impressive architectural monuments which are its cornerstones. It should create a new residential and business district which links the City's downtown to areas such as the Medical District, surrounding Lancaster Avenue. Its quality as an urban place should be directed by its grounding in the City's past and the Avenue's projection of anew identity for Fort Worth's future. Form My proposal identifies the architectural history of Lancaster Avenue as a touch stone for its future by building upon the idea of sculptures which transform early twentieth century architectural motif and structures. My sculptures twist and stretch he basic architectural geometries found along Lancaster Avenue into new forms of a similar, but different grace and power. The movement of the sculptures supplants the forms of the historical buildings on Lancaster Avenue with forms which are fluid, but solid and which challenge yet compliments the classical and art deco orders of the street. The sculptures are at once opaque and transparent, depending upon the viewer's position. At night this transparency is exploited as the volumes of the sculptures are filled with light. During the day their brushed stainless steel surfaces play with reflection and refraction of natural light. Each sculpture is attached to a three foot high concrete base whose form compliments the sculpture. They are beacons for Lancaster Avenue and herald a new identity for this emerging historical district in the City, while the sculpture's diaphanous quality and smooth geometries speak to the City of the 21 st century. Big Scale/Intimate Scale In civic sculpture there is always the tension between the scale of the object, its material composition and the size of the space it wants to fill. These ambitions must be tempered by the reality of the budget and an understanding of the urban qualities of the site. Lancaster Avenue is a big street. The new plan narrows its spaces and creates a more pedestrian scale,with infill for business and residential. Still,the street requires sculptures of an urban scale which will "hold" this large quarter mile boulevard. I have developed a series of sculptures which operate sequentially at two scales. Six of the sculptures are over thirty feet tall and operate at the scale of the architecture, stepping the pedestrian's awareness up from the street to the buildings above and establishing a"big scale"relationship down the length of the Avenue when seen in perspective. Six more of the sculptures are approximately fifteen feet tall and operate at an intermediate scale. EXHIBIT 'B' 2 cliff g a r t e n studio They are placed between the larger sculptures in a rhythm that lowers and raises the eye of the pedestrian or the person traveling the street in a vehicle. Though the smooth and striated forms of the sculptures are in contrast to the historical orders of the architecture, the formal relationships between the sculpture and architecture are clear and the new sculptures"belong" on Lancaster Avenue. The particular skills I exercise as and artist are to know when the relationships between urban form and sculpture are appropriate and right. Movement/Sequence The missed opportunity on most traffic medians is that they do not take into account the direction of travel through sequential form. While I have described the rhythm and sequence of the sculptures,there is another sequential order which compliments the sculptures through the landscape. Large blocks of weeping love grass will create a ground plane of one and one half feet high at intervals between similar sized blocks of paving. The lower stratum of the median is characterized by the changing surfaces, textures and heights of colored, compressed concrete pavers at grade, the fine and upright texture of the one and one half foot tall love grass and the three foot high colored concrete sculptural bases. This blocking out of the median creates a seasonally changing palate of plantings complimented by colors of concrete pavers and sculpture bases in proportionate rhythms. This lower stratum rhythm is then punctuated by the silvery and luminous sculptures at a higher level of the street engaging with the architecture. As you drive along the median,the scale, color and texture would constantly change. Light/Material The sculptures are beacons on Lancaster Avenue. They are volumes meant to be filled with sunlight during the day and artificial light during the evening and night. This is accomplished by the arrangement of one hundred and twenty, '/4" thick stainless steel plates, which are stacked three inches apart to a height of thirty two feet for the larger six sculptures. Each plate is a different shape and together they create a single sinuous form. The sculptures are conceived by a dialogue between sophisticated digital animation and fabrication programs and building models by hand. Each plate is cut by laser with hundreds of openings, giving it an open, light transmitting quality. These plates range in size from eight feet by four feet at the largest to three feet by three feet at the smallest and so the sculpture changes shape as the plates transform into different shapes. The plates are welded to five vertical three inch diameter schedule 40 stainless steel pipes which surround a one and one half foot opening in the center of each plate. This central one and one half foot diameter opening creates a cylindrical void in the center of each sculpture. The void accepts eight lights mounted off of the three inch pipes and pointing at different angles so that the structure becomes filled with light. The artificial light is reflected off of the brushed stainless steel surfaces, making the sculpture glow almost as if it were crystal. I work with different types of light depending upon the quality of the sculpture and the color I am after. A final decision for the type of light I use will not be made until the first sculpture is built. At that point I will test metal halide, fluorescent and LED to understand the quality and color of light which will best compliment the sculpture. At this point the client is usually invited to see the work at the studio. The idea is to light the work so that the form is once again transformed into what I call an "ethereal body", almost as if it were floating. More than ten percent of the budget has been allocated to allow a full range of choice for the quality of the light I will need. O"IFFI u')611 HMO www.cliff gartenstudio.co 3 cliff g a r t e n studio Flexibility It is my experience that urban conditions are.always changing and unknowns always arise. The sculptural ensemble of twelve sculpture lights that I am proposing is a site specific sculpture, for Lancaster Avenue. However,the sculpture is adaptable to a wide variety of conditions, as is the structural system of each sculpture also adaptable. This particular type of lighting sculpture and its structural system has been developed in response to the difficult situations on city streets and for city maintenance conditions and budgets. My sculptures are built to endure and to perform. Maintenance Re-lamping - LED technologies are becoming cheaper nearly every six months and on a regular dusk to dawn schedule, need to be re-lamped every seven years, where quality metal halide will need re-lamping every four to five years. In the past I have used hinged sections to accommodate re-lamping by city maintenance crews, or I have used a cylindrical center structure that can be removed and re-lamped as a single piece before it is replaced into the sculpture. I would estimate re-lamping at $12,000.00 every five years, for labor and materials. My proposal assumes that the sculptural lights will be on City master controls for the street lights and my budget accommodates wiring into an existing system, but not any extra electrical run to such a system. Stainless Steel Sculpture—The sculptures are made of 314 stainless steel, which is an alloy that will not rust. Besides re-lamping, the sculptures should be pressure washed every one or two years. There is no surface that can really take graffiti because of the edge plate structure. Landscape—The love grass is a sustainable landscape material requiring little water, but must be cut once a year. Care should be taken with the watering regimen during the establishment period. www.cliffgartenstudio.com - , � - . . � ¥\ : dp '11110 - E /~ . M 41 � .. ' ~' - \. . � �- . - - - � i k k rte: i x win _ y r 5L CD C) 7 C 3 'c^ V W 0) c Y O C N C N Y O w-+ _ L _J *� O F1Cc1 1 E c 0 1[i i i •* l - h r t• '"%- • .x n • I ' I a �rw s •� I Ppw r � w�•o ►A `iere w ------------------ a = 41 1 e=• 1 v e•v r� 1 � j =3•0 � 1 if0;_ � I E.Ses• L F 1 at O 1 Er"•O LL e E"s D I I ••ase I i e`"a• I •o■•■ 4-I j i i J 1 # lap • 1 D S a�rirrl j !•e' • �� 1 j I Kf�•� �, s� 1 ! I C o1 v°wP`iD S I cam I I 1 ••CteC ^, � I , _va•E Y! �••- _ owre�- i I I 1 4-0 I I 1 �--r`sRse _ � ( 1 w i e P•e 1 !e•=we I' I{{ I � ei-•sem 1 ij i 1 moo.`�• f • � S'ieg� J t 1 oa�ww� 1 E • 1 I orc i � 1 tee _S 1 Itis-F-"------- cl i f f garten studio public places / public life / civic art There is a latent potential in every public place and situation to become more than the specific functions it appears to perform. Public and private experiences are never distinct, but exchange places throughout the day. My search for a place where desire intersects with our everyday activity is the search for sculptural forms which engage us in the poetry of our own actions. The line between poetry and function is a dance, where what is useful and obvious is made apparent and beautiful because a typical situation is transformed through artistic investigation and process. Sculpture defines our interaction and movement by creating energy between things, generating interest in public activity, reframing our private lives and creating a sense of place within public and private realms. Through a diversity of materials, methods and scale, Cliff Garten Studio is committed to exploiting the artistic and expressive potential of public spaces and infrastructure in collaboration with the building arts. The practice operates with the freedom of an artist's studio and the structure of an architectural office. Many of the projects challenge the assumptions of how public places are built and used. The studio maintains a staff capable of dealing with the technical challenges of constructing art within complex urban contexts and landscapes. Cliff Garten is the recipient of two Individual Artist Fellowships from the National Endowment for the Arts, the Bush Foundation Fellowship for Individual Artists, the Bush Foundation Leadership Fellowship and the Jerome Foundation Travelling Artist Grant. The American Society of Landscape Architects has cited many of his works for design excellence. He has a Masters of Fine Arts from Rhode Island School of Design and a Masters of Landscape Architecture from Harvard University's GSD. He has served as a visiting critic at Harvard University's GSD, UCLA School of Architecture and the Southern California Institute of Architecture. �TY j�CI-11R�11>1�� R ',V; ,J;,U� i, VEIL 4212 1 / 2 gIencoe avenue marina del rey , ca 90292 cg(e)cIiffgarfensfudic c o m www c I i f f g a r f e n s f u d i c: c o m t310 . 827 . 4372 f310 . 827 .4362 FORT WORTH PUBLIC ART Public Art Project Budget Form Please complete this form and attach a signed receipt of estimate complete with per unit costs for all items designated with an asterisk(*). TRAVEL (Non-local residents only) INSTALLATION COSTS Airfare Costs must include allowance for after hours installation, Car Rental if applicable. Please attach a complete list of equipment Per Diem expenses at$ per day and individual estimates with this form. Mileage at $ per mile Labor *Scaffolding STUDIO OVERHEAD *Equipment Studio Rental, Other Expenses Off Duty Police Phone and Fax charges *Traffic Barriers Supplies *Storage Facility Rental Details: City Permits Display devices *Fireproofing *Other INSURANCE Auto liability SITE PREPARATION General Liability for Artist *Landscaping, Irrigation and subcontractors *Removal Workers Compensation, *Electrical Modification Employers Liability *Test Drilling Other *Water Works and Mechanical Devices *Other ARCHITECTS, ENGINEERS If applicable,drawings must be signed and sealed by a LIGHTING Professional registered to practice in the State of Texas. *Designers *Architect *Fixtures *Structural Engineer *Bulbs *Electrical Engineer *Site Preparation *Other *Installation FABRICATION COSTS OTHER Please attach a complete list of materials,cut-sheets and PhotoNideo Documentation individual estimates(including per unit costs)with this form *Other *Materials Labor (total) ARTIST'S FEE (20%) TRANSPORTATION CONTINGENCY (at least 5%) *Materials to fabrication site *Finished work to installation site GRAND TOTAL $ *Other Prepared By: Date: EXHIBIT T' TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable - items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth Texas 76102 Sign Here: Date: a/Zxo 3 Phone: (817) 871-8517 J -es R.Keyes,Director Finance This certificate does not require a number to be valid. Sales and use tax "exemption numbers"or"tax exempt" numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller ofPublic Accounts. EXHIBIT EXHIBIT IV Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 2/14/2006 - Ordinance No. 16814-02-2006 & 16815-02-2006 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, February 07, 2006 LOG NAME: 03ARTGARTEN REFERENCE NO.: C-21291 SUBJECT: Adopt Appropriation Ordinances and Authorize Execution of a Design Contract, and upon City Approval of Design, a Subsequent Artwork Commission Contract with Cliff Garten & Associates, Inc., d/b/a Cliff Garten Studio, for the "Avenue of Light" Lancaster Corridor Public Art Project RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund by $500,000 from available funds; 2. Authorize the transfer of $500,000 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and 3. Authorize the transfer of $500,000 from the Street Improvements Fund to the Specially Funded Capital Projects Fund; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $1,000,000 from available funds; and 5. Authorize the City Manager to execute a Design Contract with Cliff Garten & Associates, Inc., d/b/a Cliff Garten Studio, for final design development of the proposed "Avenue of Light' public art project for Lancaster Corridor, in an amount not to exceed $250,000, to include engineering, lighting specifications (and fabrication of one sculpture to enable artist to finalize lighting specifications), and landscape design; and 6. Authorize the City Manager, upon City approval of the final design, to enter into an Artwork Commission Contract with Cliff Garten & Associates, Inc., d/b/a Cliff Garten Studio, for fabrication and installation of the "Avenue of Light," a series of internally-lit laser cut stainless steel sculptures in the median of Lancaster Avenue, between Lamar and Commerce Street, in an amount not to exceed $1,000,000 (when combined with the amount of the Design Contract above). DISCUSSION: The Design Contract and subsequent Artwork Commission Contract will enable Cliff Garten & Associates, Inc., d/b/a Cliff Garten Studio, to finalize the design of the proposed "Avenue of Light," including engineering, lighting specifications (and fabrication of one sculpture to enable artist to finalize lighting specifications) and landscape design; and upon City approval of that design, fabricate and install a series of internally-lit laser cut stainless steel sculptures. The current proposal is for six sculptures approximately 30' in height on 3' concrete bases and six sculptures approximately 12' in height on 4' concrete bases. It is anticipated that this contract may be amended to include the installation of landscaping, in accordance with http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/29/2006 Page 2 of 3 Cliff Garten Studio's final design, at such time when the City secures additional funding, possibly from a Transportation Enhancement Grant from the Texas Department of Transportation or private donations. BACKGROUND: In April 2005, the Lancaster Steering Committee recommended that Fort Worth Public Art initiate a process to find a new design for the median of the redeveloped Lancaster Avenue that would encompass the area between Lamar and Commerce Streets. The design would be engaging by day and night, visible from various vantage points, sensitive to the historic architecture on Lancaster Avenue, and durable and easy to maintain. City Council was briefed and informally authorized staff to proceed on August 16, 2005. Using the guidelines established in the Fort Worth Public Art Master Plan, which the City Council adopted in September 2003, the process began with an invitational request for qualifications sent to 35 local and national artists, 18 of which responded. Council Member Wendy Davis chaired the 13-member selection panel composed of community representatives and individuals with art and architecture expertise appointed by the Fort Worth Art Commission. On October 4, 2005, the selection panel choose artists Cliff Garten, Barbara Grygutis and Ray King as finalists. After visiting Fort Worth, meeting with those involved with the project and touring Lancaster Avenue, the artists returned to their studios and developed site-based proposals, which they presented to the selection panel on January 9, 2006. Selection Panel (Voting): Council Member Davis &Appointees: - Council Member Wendy Davis - Kenneth Barr - Robert Bass - Marty Craddock - Judy Harman - Elaine Petrus Council Member Hicks'Appointee: - Wanda Conlin Fort Worth Art Commission Appointees: - Kirk Millican, AIA, Fort Worth Art Commission Representative -Anitra Blayton, Fort Worth Art Commission representative - Dionne Bagsby - Jack Becker - Don Gatzke, AIA - Nancy Lamb Advisors (Non-Voting): Representatives of.- - Downtown Design Review Board - Downtown Fort Worth Initiatives, Inc. - Historic & Cultural Landmarks Commission - Planning Department - Transportation & Public Works Department - Parks & Community Services Department - Other stakeholders On January 18, 2006, the Fort Worth Art Commission received a briefing regarding the Artist Selection Panel's recommendation of Cliff Garten Studio's proposal for the Lancaster Avenue Median. City Council received a briefing on January 24, 2006. On February 6, 2006, the Fort Worth Art Commission approved the Artist Selection Panel's recommendation. This project is located in COUNCIL DISTRICT 9. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/29/2006 Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that, upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. The cash balance of the Capital Projects Reserve Fund after this transfer will be $1,277,247. The fiscal year end fund balance at this time is projected to be $285,793. TO Fund/Account/Centers FROM Fund/Account/Centers GC10 488332 013010001000 $500,000.00 GC10 538070 013010001000 $500,000.00 31 GC10 538070 013010001000 $500,000.00 C115 538070 020115023246 $500,000.00 C291 472010 039980037830 $250,000.00 C291 531200 039980037830 $250,000.00 61 C291 472010 039980037880 $250,000.00 C291 541200 039980037880 $750,000.00 U $500,000.00 C291 472115 039980037880 41 $250,000.00 C291 531200 039980037830 41 $750,000.00 C291 541200 039980037880 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 11/29/2006