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HomeMy WebLinkAboutOrdinance 18005-03-2008Ordinance No. 18005-03-2008 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $245,219 FROM AVAILABLE FUNDS FOR THE PURPOSE OF EXECUTING A DESIGN ENHANCEMENT AGREEMENT WITH PHENOMENARTS, INC., FOR AN INSTALLATION COMPOSED OF FIVE LARGE SCALE VERTICAL TRANSPARENT COLORED GLASS PANELS OR 'FINS" FOR THE THROCKMORTON STREET FACADE OF THE NEW DOWNTOWN PARKING GARAGE; PROVIDING FORA SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-2008 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $245,219 from available funds for the purpose of executing a Design Enhancement Agreement with PhenomenArts, Inc., for an installation composed of five large scale vertical transparent colored glass panels or "fins" for the Throckmorton Street fagade of the New Downtown Parking Garage. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APP ; OVED AS T~ FORM AND LEGALITY: A i tant City Attorne' ADOPTED AND EFFECTIVE: March 4, 2008 City ®f ® V~®h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/4/2008 -Ord. No. # 18004-03-2008 & 18005-03-2008 DATE: Tuesday, March 04, 2008 LOG NAME: 03PHENOMARTS REFERENCE NO.: C-22704 SUBJECT: Authorize Execution of a Design Enhancement Agreement with PhenomenArts, Inc., for an Installation Composed of Five Large Scale Vertical Transparent Colored Glass Panels or "Fins" for the Throckmorton Street Facade of the New Downtown Parking Garage and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $245,219 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $245,219 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $245,219; and 4. Authorize the City Manager to enter into a Design Enhancement Agreement with PhenomenArts, Inc., for an installation composed of five large scale vertical transparent colored glass panels or "fins" for the Throckmorton Street fagade of the New Downtown Parking Garage, in an amount not to exceed $375,769. DISCUSSION: This Design Enhancement Agreement with PhenomenArts, Inc., will result in a dynamic installation of five large scale vertical transparent colored glass panels or "fins" installed perpendicularly to the Throckmorton Street facade in a chevron pattern in the central portion of the facade. The perpendicular installation of the "fins" will result in colorful shadows on the facade of the garage that will move and change as the sun moves through the sky each day, and will also be lit at night. Collaboratively designed with project consultant Jacobs Facilities, Inc., the "fins" will face St. Patrick's Cathedral, whose rosette stained glass window was a source of inspiration. In addition, the "fins" will complement the colored glass corners and elevator tower on the rest of the garage structure, completing the overall design. This design enhancement will add to the visual appeal of the garage and engage pedestrians, motorists, patrons and parking garage users who enter from Throckmorton Street. The amount of the proposed agreement is $375,769 ($130,550 from the Public Art Fund and $245,219 from the Culture and Tourism Fund). On September 25, 2007, M&C C-22412 approving PhenomenArts, Inc.'s interactive sound environment and custom lighting components stated that the "fin sculpture" may be commissioned, if additional funds become available. Logname: 03PHENONIARTS Page 1 of 3 The source of funding is consistent with the Fort Worth Art Commission's Draft Long Range Public Art Plan for the Water Fund, adopted by City Council on May 9, 2006, (M&C G-15185) which recommends an allocation of the equivalent of 2 percent of design/construction budgets for public art/design enhancements for non-bond funded City facilities. Public Art Funds for this project were included in the Fort Worth Public Art program's FY 2008 Annual Work Plan, adopted by City Council on September 25, 2007, (M&C C- 22411) as a part of the City's agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. BACKGROUND: On March 21, 2006, (M&C C-21355) City Council authorized a design agreement with PhenomenArts, Inc., for collaborative design of integral public art/design enhancements for the New Downtown Parking Garage with Jacobs Facilities, Inc. It was anticipated that the fabrication and installation of art components will be handled through a combination of an Artwork Commission Contract between the City and PhenomenArts, Inc., and the City's general contractor for the Parking Garage. Using the process and guidelines established in the Fort Worth Public Art Master Plan, which City Council adopted in September 2003, an artist selection panel chaired by Councilmember Wendy Davis and including representatives of Jacobs Facilities, Inc., the Fort Worth Art Commission and the community, reviewed the qualifications of 20 local and national artists from the Pre-Qualified List of Established Public Artists on January 18, 2006 and selected 3 finalists. On February 2, 2006, the artist selection panel conducted telephone interviews of the finalists and recommended Christopher Janney, President of PhenomenArts, Inc., for the project. Selection Panel (Voting) • Council Member Wendy Davis; • Sandra Dennehy, AIA; and • Dr. David Stone. Fort Worth Art Commission appointees: • Kirk Millican, AIA, Fort Worth Art Commission representative; and • Carol Ivey, artist. Jacobs Facilities, Inc. representative • Brent Byers, AIA Advisors (Non-Voting) Representatives of: • Downtown Fort Worth Initiatives, Inc.; • Transportation and Public Works Department; • Public Events Department; and • Jacobs Facilities, Inc., staff. On February 13, 2006, the Fort Worth Art Commission reviewed the artist selection panel's recommendation and made a formal recommendation to City Council to engage Christopher Janney, PhenomenArts, Inc., for the Parking Garage project and to appropriate up to $400,000 from the Public Art Fund for the project, consistent with the recommendations in the Draft Long Range Public Art Plan for the Water Fund. On April 13, 2006, Christopher Janney of PhenomenArts, Inc., and Brent Byers of Jacobs Facilities, Inc., presented the Parking Garage Design to the Fort Worth Art Commission. On May 15, 2006, the Fort Worth Art Commission approved the conceptual design/composition of the sound environment for the Parking Garage. On June 12, 2007, City Council authorized the Construction Manager-at-Risk Agreement with Thos. S. Byrne, Ltd., for the construction of the New Downtown Parking Garage (M&C C-22184). M/WBE -The City's overall MNVBE goal for the Fort Worth Public Art program is 25 percent of total capital Logname: 03PHENOMARTS Page 2 of 3 project dollars expended on public art annually. This project is located in COUNCIL DISTRICT 9 but serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Specially Funded Capital Projects Fund. Upon approval, the unaudited, unreserved, undesignated fund balance of the Culture and Tourism Fund will be $10,114,075. TO Fund/Account/Centers FROM Fund/AccountlCenters (1) GG04 538070 0240400 $245,219.00 (2) GG04 538070 0240400 $245,219.00 (2)(3) C291 472045 031980013680 $245.219.00 (4) C291 531200 031980013680 $375.769.00 (3) C291 531200 031980013680 $245,219.00 Submitted for City Manager's Office by: Carl Smart (Acting) (6183) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) Logname: 03PHENOMARTS Page 3 of 3