HomeMy WebLinkAboutContract 35428 (2)�".�i l `i` <:��.l.::I�a�`��f���� /" �
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AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CLIFF GARTEN
& ASSOCIATES, INC. d/b/a CLIFF GARTEN STUDIO
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This Agreement, entered into this ��day of ��� �1 _ , 2007, .
by and between the CITY OF FORT WORTH, a home rule municipal coiporation of the
State of Texas (the "City"), acting by and tluough Libby Watson, its duly authorized
Assistant City Manager and CLIFF GARTEN & ASSOCIATES, INC. d/b/a CLIFF
GARTEN STUDIO (the "Ai-tist"), 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 COLTNCIL OF FORT WORTH & TARRANT COLTNTY, 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 fi•om the Lancaster Avenue
Construction Project 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 five (5) medians between Lamar Street and
Calhoun 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 four (4) three-dimensional, freestanding, internally-lit,
stainless steel sculptures approximately 35' in height with associated spot lighting
entitled Avenue of Light, as described in Artist's proposal attached hereto as Exhibit "B",
(the "Work"); and,
WHEREAS, City and Artist wish to set out the terms and conditions under which
said Work shall be designed in order to promote the integrity of Artist's ideas and
statements as represented by the Work;
NOW, THEREFORE, 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.
a. The Artist shall perform all services and will furnish all supplies,
materials, and equipment as necessary for the transpoi�tation and installation of the Work
at the Site, as set forth in Section 1.4. Services shall be performed in a professional
manner and in substantial compliance with all material tei�rns and conditions in this
Agreement.
b. The Artist shall deteimine the artistic expression, scope, design, color,
size, material, and texture of the Work, subject to review and acceptance by City as set
forth in this Agreement. The location at the Site in which the Work shall be installed has
been mutually agreed upon by the City and the Artist.
c. The Artist shall install the Work on dates and at times mutually agreed
upon by the Artist and the City.
d. The Ai�tist shall participate in one public education event in Fort Worth,
such as a lecture at a mutually agreed upon date and time.
e. In the event that additional funds become available, the City and Artist
may amend this contract to provide for an increased scope of work, which may include
two (2) additional three-dimensional, freestanding, internally-lit, stainless steel sculptures
approximately 35' in height with associated spot lighting for a price of $441,508. It is
understood that after July 31, 2007, the price of the additional sculptures may be adjusted
to cover any documented increases in the cost of materials and/or labor.
£ Artist shall provide consultation to the City regarding any landscaping
which may be provided by the City, provided that this consultation is given on a plan that
does not deviate substantially from Artist's landscape plan.
1.2. Artist Selection.
City and Artist acknowledge that the Artist's final design (the "Final Design"), 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.
1.3. Execution of the Work.
a. Upon execution of this Agreement, Artist shall promptly furnish to the
Contract Manager a schedule for the completion of the fabrication of the Work, including
a schedule for the submission of progress reports, and engineered drawings as required.
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After written approval of the schedule by the City, the Artist shall oversee the wark, 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.
b. The City and Contract �Vlanager shall have the right to review the Work at
reasonable times during its fabrication. Artist shall, upon written request by Contract
Manager, provide a written progress report detailing the progress made toward
completion of the Work and the remainder of work to be done to complete the Work.
c. The Artist shall complete the fabrication of the Work in substantial
conformity with the Proposal. However, Artist may present to the Contract Manager, in
writing for further i•eview and approval, any significant changes in the scope, design,
color, size, material, or texture of the Work not in substantial conformity with the
Proposal. The Contract Manager shall, in light of the Proposal, determine whether a
significant change requires City approval.
1.4. Delivery and Installation.
a. The Artist shall notify the City, through its Contract Manager, in writing
when fabrication of the Work is completed and is ready for its delivery and installation at
the Site.
b. The Artist shall deliver and install the completed Work at the Site in
compliance with the schedule approved pursuant to Section 1.4; provided, however, that
deliveiy and installation activities may not commence until written permission is
delivered to the Artist by the Contract Manager.
c. The City is responsible for the installation and cost of concrete pilings and
bases for the sculptures. The City shall cause the construction of the pilings and bases
according to the stamped engineering drawings provided by the Artist, as approved by the
City. The Artist is responsible for providing two (2) concrete forms and hardware for the
construction of the pilings and bases in a timely fashion.
d. The City is responsible for providing electrical service to the sculpture
sites in substantial conformance with the electrical engineering plan provided by the
Artist, as approved by the City.
e. The City is responsible for landscaping the medians.
£ The Artist, individually and through its subcontractors, including its
fabricator, shall take all necessary precautions to protect and preserve the integrity and
finish of the Site while delivering and installing the Work. The Artist shall repair any
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damage to the Site due to deliveiy, installation, or his negligence or the negligence of his
subcontractors.
g. Prior to installation of the Work, Artist shall provide to City written
instructions for appropriate maintenance and preservation of the Work. The appropriate
maintenance and preservation instructions shall not be substantially different from the
maintenance and preservation anticipated and conveyed to City for the Work in the
design phase for the Work.
1.5. Post-installation.
a. Within thirty (30) days after the installation of the Work, Artist shall
furnish City with an original set of high resolution digital files and jpegs showing Work
from at least 2 points of view, as selected by Contract Manager to document the project
after the Work is installed.
b. The Artist shall be available at such time or times as may be agreed
between the City and the Ai-tist to attend any inauguration or presentation ceremonies
relating to the transfer of the Work to the City. The City shall use its best efforts to
arrange for publicity for the completed Work in such art publications and otherwise as
may be determined between the City and the Artist as soon as practicable following
installation.
1.6. Final Acceptance.
a. The Artist shall advise the City in writing when all services required have
been completed in substantial confarmity with the Proposal. Included in such notice from
the Artist shall be an affidavit certifying that all bills relating to services or supplies used
in the performance of this Agreement have been paid.
b. The City shall notify the Artist in writing of its final acceptance of the
Work ("Final Acceptance"). The City's approvals and Final Acceptance will be consistent
with the Proposal, subject to any changes that may have been mutually agreed upon by
the parties.
c. Final Acceptance shall be effective as of the earlier to occur of (1) the date
of the City's notification to Artist of Final Acceptance; or, (2) the 35th day after the Artist
has sent the written notice to the City required under Section 1.6.a unless the City, upon
receipt of such notice and prior to the expiration of the 35-day period, gives the Artist
written notice specifying and describing the services which have not been completed.
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1.7. Risk of Loss.
The risk of loss or damage to the Work shall be borne by the Artist prior to Final
Acceptance, and the Artist shall take such measures as are necessaiy to protect the Work
from loss or damage until Final Acceptance, including but not limited to the purchase of
property loss insurance; except that the risk of loss or damage shall be borne by the City
prior to Final Acceptance during such periods of time as the partially or wholly completed
Work is in the custody, control or supervision of the City or its agents for the purposes of
moving, storing, or performing any other ancillary services to the Work.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
The City shall pay the Artist a fee not to exceed SEVEN HiJNDRED FIFTY
THOUSAND DOLLARS AND NO CENTS ($750,000.00) (the "Fee"), which shall
constitute full compensation for all seivices and materials to be performed and furnished
by the Artist under this Agreement, inclusive of execution, fabrication, transportation,
installation, insurance, incidental costs, Artist's fees and all travel expenses.
(a) Five hundred and fifty thousand dollars upon full execution of this
Agreement and submission of schedule;
(b) Fifty thousand dollars upon completion of post processing of steel
plates;
(c) Seventy five thousand dollars upon completion of fabrication of
and approval of City before delivery of sculptures to site; and
(d) Seventv five thousand dollars within thirry-five (35) days after
Deliveiy 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 1.6 (a)];
provided, however, that final delive�y shall not be tendered priar to
the expiration of thirty (30) days after Final Acceptance.
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2.2. Sales Taxes.
The Artist's Fee does not include sales tax for any jurisdiction. The City is a tax-exempt
organization and represents to Artist that no state or local sales taxes or federal excise
taxes shall be due upon the Project. The City shall supply the Artist with the "Texas
Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment
of this Agreement.
2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all travel, and
costs for Artist's agents, consultants, and/or employees necessaiy for the proper
performance of the services required under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
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 Artist by City, whichever is later.
3.2. Duration.
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 1.3.a.; provided, however, such time limits may
be extended or otherwise modified by written agreement between the Artist and the City.
3.3. Earl�pletion of Artist Services.
The Artist shall bear any transportation and storage charges incui7ed from the completion
of his or her services prior to the time provided in the schedule for delivery.
3.4. Time Extensions; Force Majeure.
The City or the Artist, as appropriate, shall grant a reasonable extension of time to the
other party if conditions beyond the parties' control or Acts of God, flood, riot, civil
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insurrection, labor strikes, or orders of local or federal government render timely
performance of the parties' services impossible or unexpectedly burdensome. The party
suffering the impossibility or burdensome conditions must inform the other in writing
within ten (10) days of the onset of such performance delay, specifying the reasons
therefore. Failure to fulfill contractual obligations due to conditions beyond either party's
reasonable control shall not be considered a breach of this Agreement; provided,
however, that such obligations shall be suspended only for the duration of such
conditions.
ARTICLE 4
WARRANTIES
4.1 War7anties of Title.
The Artist represents and wan�ants that:
(a) the Work shall be the original product of the Artist's sole creative efforts.
(b) the Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
(c) the Work (or duplicate thereo� has not been accepted for sale elsewhere;
(d) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or
utilized the Work or any element thereof or any copyright related thereto
which may affect or impair the rights granted pursuant to this Agreement;
(e) the Work is free and clear of any liens from any source whatsoever;
(� the Artist has the full power to enter into and perform this Agreement and to
make the grant of rights contained in this Agreement;
(g) all services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill
and diligence;
(h) the 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 WORK BY REASON OF AN ALLEGED
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OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF
OWNERSHIP, AUTHORSHIP, OR ORIGINALITY.
4.2 Warranties of Quality and Condition
(a) Artist represents and wai�ants that all work will be performed in accordance
with professional "workmanlike" standards and free from defective or inferior
materials and workmanship (including any defects reasonably known by Artist
to consist of (i) "inherent vice," or (ii) qualities that cause or accelerate
deterioration of the Work) for one year after the date of Final Acceptance.
(b) Artist represents and wanants that the Work and the materials used are not
currently known by Artist, after reasonable inquiry, to be harmful to public
health and safety.
(c) If within one year City observes any breach of the warranties described in this
Section 4.2 that is curable by the Artist, the Artist shall, at the request of the
City, cure the breach promptly, satisfactorily and consistent with professional
conservation standards, at no expense to City. City shall give notice to Artist
of such breach with reasonable promptness.
(d) If after one year City observes any breach of wai7anties described in this
Section 4.2 that is curable by the Artist, City shall contact the Artist to make
or supervise repairs or restorations at a reasonable fee during Artist's lifetime.
Artist shall have the right of first refusal to make or supervise repairs or
restorations. Should Artist be unavailable or unwilling to accept reasonable
compensation under the industry standard, City may seek the services of a
qualified restorative conservator and maintenance expert.
(e) If within one year City observes any breach of wai7anties described in this
Section 4.2 that is not curable by the Artist, Artist is responsible for
reimbursing City for damages, expenses and loss incurred by City as a result
of the breach. However, if Artist disclosed the risk of this breach in the
Proposal and City accepted that it may occur, it shall not be deemed a breach
for purposes of this Section 4.2.
(� Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the Work and any associated
working parts and/or equipment, in accordance with Artist's
specifications and appropriate conservation standards, will maintain
the Work within an acceptable standard of public display.
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ii. Foreseeable exposure to the elements, based on noimal weather
conditions in the Fort Worth area, and general wear and tear will not
cause the Work to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of
foi•eseeable exposure to the elements and general wear and tear, the
Work will not experience irreparable conditions that do not fall within
an acceptable standard of public display, including excessive mold,
rust, fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer's Warranties. To the extent the Work incorporates
products covered by a manufacturer's wai�anty, Artist shall provide
copies of such warranties to City.
The foregoing warranties are conditional, and shall be voided by the failure of
City to maintain the Work in accordance with Artist's specifications and the
applicable conservation standards. If City fails to maintain the Wark in good
condition, Artist, in addition to other rights or remedies the Artist may have in
equity or at law, shall have the right to disown the Work as the Artist's creation
and request that all credits be removed from the Work and reproductions thereof
until the Work's condition is satisfactorily repaired.
4.3 These representations and warranties shall survive the termination or other
extinction of this Agreement.
ARTICLE 5
1NSURANCE AND INDEMNITY
5.1. General.
The Artist shall carry insurance as set out in E�ibit "C".
Except as provided in Section 1.7 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.
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5.2. Performance Bonds.
The Artist shall not be required by the City to post any performance bonds or similar
undertakings, and any requirement of any other authority for performance bonds shall be
the responsibility of the City.
5.3 . Indemnitv.
(a) SUBJECT TO THE LIMITATIONS SET FORTH 1N SUBPARAGRAPH
1.1.S.D OF THE AGREEMENT BETWEEN ARTIST AND CITY DATED 9/27/06
(CITY SECRETARY CONTRACT NO. 34043) 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,
1NDEMNIFY 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 1NJURY, 1NCLUDING
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 1NDEMNITY
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 HERElN SHALL BE CONSTRUED AS A
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER
PROVIDED BY THE LAWS OF TEXAS.
(b) Artist shall require all of its subcontractors to include in their subcontracts a
r•elease and indemnity in favor of City in substantially the same form as above.
(c) THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION
OR EXPIRATION OF THIS AGREEMENT.
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ARTICLE 6
OWNERSHIP AND 1NTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including all documents and/or drawings which constitute or are
components of the Proposal and the final design, shall pass to City upon Final Acceptance
and payment for the Work. Ai-tist shall provide City with a Transfer of Title in
substantially the form attached hereto as Exhibit "E". These documents and/or drawings
will be retained for archival and exhibition purposes. Artist's Final Design and all other
work products under this Agreement shall become the property of City, without
restriction on future use, except as provided below.
6.2 Co���ht Ownership.
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as
the sole author of the Work for the duration of the copyright.
6.3 Reproduction Rights.
(a) In view of the intention that the final Work be unique, Artist shall not make
any additional exact duplicate reproductions of the final Work, nor shall Artist
grant permission to others to do so except with the express written permission
of City. However, nothing herein shall prevent the Artist from creating future
artworks in the Artist's manner and style of artistic expression; nor shall this
Agreement prevent the Artist from using images of the Artwork for marketing
and promotional puiposes in connection with the Artist's business.
(b) By execution of this Agreement, A�-tist grants to City a perpetual, ii�evocable
license to graphically depict or display the Work for any non-commercial
purpose whatsoever; for puiposes of this limitation, any graphic depiction or
display of the Work intended to promote or benefit City, its public services or
its public puiposes, regardless of whether or not a fee is charged to the public,
or whether revenue is otherwise received by City, shall be deemed a non-
commercial pmpose. Notwithstanding the above limitation, Artist agrees and
understands that nothing in this paragraph shall affect or limit City's absolute,
uru•estricted rights incidental to City's full ownership of the Work to alter,
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change, modify, destroy, remove, move, replace, operate, maintain, transport,
sell or transfer, in whole ar in part, the Work when City deems it necessaiy
within its discretion, in order to otherwise exercise City's powers and
responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
(c) All reproductions by City shall contain a credit to Artist and a copyright notice
substantially in the following form: "O date, Artist's name."
(d) Artist shall use Artist's best efforts in any public showing or resume use of
reproductions to give acknowledgment to City in substantially the following
form: "an original artwork commissioned by and in the public art collection
of the City of Fort Worth, Texas."
(e) Artist shall, at Artist's expense, cause to be registered with the United States
Register of Copyrights, a copyright in the Work in the Artist's name.
(� City is not responsible for any third party infi•ingement of Artist's copyright
and is not responsible for protecting the intellectual property rights of Artist.
ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Contract Manager shall include credit to the Artist on the Fort Worth Public Art
website (ww-�v.fwpublicart.org) and a permanent plaque at the site.
7.2. Maintenance.
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 1.4 and Exhibit "F", Technical and Maintenance
Record.
7.3. Repairs and Restoration.
a. The City shall have the right to determine when and if repairs and
restorations to the Work will be made. During the Artist's lifetime and to the extent
practicable, the City shall give the Artist the right to approve all major repairs and
restorations; provided, however, the Artist shall not unreasonably withhold approval for
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any repair or restoration of the Work. Should Artist unreasonably withhold approval of
any intended major repair or restoration, the City shall have the right to make such repair
or restoration. To the extent practicable, the Artist, during the Artist's lifetime, shall be
given the opportunity to make or personally supervise major repairs and restorations and
shall be paid a reasonable fee for any such services, provided that the City and the Artist
shall agree in writing, prior to commencement of any significant repairs and restorations,
upon the Artist's fee for such services. Should the Artist fail to agree to make or
supervise the repairs and restorations, the City shall have the right to choose another
entity or person to assist with the restoration and/or repairs or make said repairs by the
City.
b. All repairs and restorations shall be made in accordance with recognized
principles of conservation.
c. When emergency repairs are necessary in order to prevent the loss of or
further damage to the Work, such repairs shall be undertaken or arranged by City without
advance notice to Artist, and such repairs shall not be deemed to constitute artistic
alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorpoi•ated into a building, structure or
realty, the installation of the Work may subject it to destruction, distortion, mutilation or
other modification by reason of its removal. If removal of the Work would damage either
the Work or the Site, the City shall have the right to remove the Work by any means,
including destruction, in performing maintenance, repair, renovation, or reconstruction of
the building, structure or in devoting realty to a new use.
b. In the event that the Work is freestanding, or incoiporated into a building,
structure or realty such that it may be removed without damaging or destroying the Work
or the building or� structure, the Artist may be given written notice and 90 days to remove
the Work at his or her sole expense. Upon Artist's failure to remove the Work, the City
shall have the right to remove and dispose of the Work by any means, including its
destruction.
c. The City agrees that it will not willfully destroy, damage, or modify the
work, except as provided in paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered, the City shall no
longer represent the Work as that of the Artist if the Artist gives written notice to the City
that it is the position of the Artist to deny authorship on the grounds stated in this
paragraph.
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e. The City shall at all times have the right to move the Work, or remove it
from public display. The City shall also have the right to sell or trade the Work.
7.5. Permanent Record.
The City shall maintain on permanent file a record of this Agreement and of the location
and disposition of the Work.
7.6. Artist's Address.
The Artist shall notify the City of changes in the address set forth in Article 13. The
failure to do so, if such failure prevents the City from locating the Artist, shall be deemed
a waiver by the Artist of the right subsequently to enforce these provisions of Article 7
that require the express approval of the Artist. Notwithstanding this provision, the City
shall make every reasonable effort to locate the Artist when matters arise relating to the
Artist's rights.
7.7. Additional Ri�hts and Remedies.
Nothing contained in this Article 7 shall be construed as a limitation on such other rights
and remedies available to the Artist under the law, which may now or in the future be
applicable.
ARTICLE 8
ARTIST AS AN 1NDEPENDENT CONTRACTOR
Ai�tist shall perform all work and services hereunder as an independent contractor, and not
as an officer, agent, servant or employee of City. 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 City and Artist, his/her officers, agents,
employees and subcontractors, and doctrine of respondeat superior has no application as
between City and Artist.
14
ARTICLE 9
SUBCONTRACTING
The Artist may subcontract portions of the services to be provided hereunder at the
Artist's expense, provided that said subcontracting shall not adversely affect the design,
appearance or visual quality of the Work and shall be canied out under the personal
supervision of the Artist. Any subcontract entered into under this Agreement shall be
expressly subject to the terms of this Agreement. Artist shall provide information
regarding all subcontractors, including its fabricator, along with a copy of the subcontract
between Artist and each subcontractor.
ARTICLE 10
TERMINATION
10.1. Gratuities.
The City may cancel this Agreement if it is found that gratuities in the form of
entertainment, gifts or otherwise were offered or given by the Artist or any agent or
representative to any City 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. In the event this Agreement is canceled by
the City, pursuant to this Section 10.1, the City shall be entitled, in addition to any other
rights and remedies, to recover from the Artist a sum equal in amount to the cost incurred
by the Artist in providing such gratuities.
10.2. 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 parry shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting party of the intent to terminate
specifying the grounds for termination. The defaulting party shall have thirty (30) days
after receipt of the notice to respond and submit a reasonable schedule for cure of the
default. If it is not cured within this time frame or with sufficient reason, 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.
��
10.3. 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 the City, the Artist shall have
the right to an equitable adjustment in the fee (with allowance for anticipated profit on
performed services), in which event the 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 the City by the Ar-tist under this Agreement
prior to the date of termination, provided that no right to fabricate or execute the Work
shall pass to the City.
c. If termination is far the convenience of the Artist, the Artist shall remit to
the City a sum equal to all payments (if any) made to the Artist pursuant to this
Agreement prior to termination.
10.4. Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally
incapacitated during the tei�rn of this Agreement, the City shall have the right to terminate
this Agreement on payment to Artist or Artist's successors for all work and services
performed prior to death or incapacity. All finished and unfinished drawings, sketches,
photographs, models and work shall become property of the City.
b. Should Artist's design have been approved or if the Artist's work has
progressed to the point of fabrication of the Work, in the event of termination under this
Section 10.4, the City shall have the right to complete the Work. Due regard shall be
made for Artist's intended results and proper credit and acknowledgement shall be given
to Artist.
ARTICLE 11
EQUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or applicant for
employment because of disability, familial status, race, color, religion, sex, sexual
orientation, or national origin. The Artist shall take affirmative action to ensure that
employees are treated equally during employment, without regard to their disability,
familial status, race, color, religion, sex, sexual orientation and national origin. Such
action shall include but not be limited to the following: Employment, upgrading,
16
demotion, transfer, recruitment or pay or other forms of compensations, and selection for
training, including apprenticeship.
b. The Artist shall state in all solicitation or advertisements for employment
placed by or on behalf of the Artist that all qualified applicants shall receive consideration
for employment without regard to disability, familial status, race, color, religion, sex,
sexual orientation, or national origin.
c. The Artist shall furnish all information and reports requested by the City
of Fort Worth, and shall permit access to its books, records, and accounts for puiposes of
investigation to ascertain compliance with such rules and regulations.
d. In the event of the Artist's noncompliance with the nondiscrimination
clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in
whole or in part, and the Artist may be debarred from further agreements with the City of
Fort Worth.
ARTICLE 12
MISCELLANEOUS
12.1. Compliance.
The Artist shall be required to comply with Federal, State and City statutes, ordinances
and regulations application to the performance of the Artist services under this
Agi•eement.
12.2 Entire A�reement.
This writing, together with that certain contract between Artist and City dated 9/27/2006
which is incoiporated herein by reference, 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.
12.3. 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.
17
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12.4. 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.
12.5. Governing Law and Venue.
This Agreement, regardless of where executed or performed, shall be governed by and
construed in accordance with the laws of the State of Texas and venue for any litigation
arising from this Agreement shall be in Tar�ant County, Texas. By executing this
Agreement, each party hereto expressly (i) consents and submits to personal jurisdiction
consistent with the preceding sentence, (ii) waives, to the fullest extent permitted by law,
any claim or defense that such venue is not proper or convenient and (iii) consents to the
service or process in any manner authorized by Texas law.
12.6. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective successors and assigns.
12.7. No Third-Partv 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.
12.8. 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.
12.9. Contr•act Construction.
The pat-ties acknowledge that each parry 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.
18
12.10. Fiscal Funding Out.
If for any reason at any time during any term of this Agreement the City Council fails to
appropriate funds sufiicient for the City to fulfill its obligations under this Agreement, the
City may terminate this Agreement to be effective on the later of (i) thii-ty (30) days
following delivery by the City to the Ai-tist 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.
12.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
2.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
12.13. Survivin� Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
12.14. Ri�ht to Audit.
The Artist agrees that the City will have the right to audit the financial and business
records of the Artist that relate to the Work (collectively "Records") at any time during
the Term of this Agreement and for three (3) years thereafter in order to determine
compliance with this Agreement. Th��oughout 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 12.14 shall survive expiration or earlier termination of
this Agreement.
12.15. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
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ARTICLE 13
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 Directar
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Woi-th, TX 76107
2. ARTIST Cliff Garten, President
Cliff Garten & Associates, Inc. d/b/a
Cliff Garten Studio
1315 Preston Way
Venice, CA 90291
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
20
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the latest
date below.
CITY-OF FORT WORTH
>;' � � ��_---��
4 '��/ 9 � L� �/
Lib y Watson
Assistant City Manager
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Date: (F '�-� `�`
ARTIST
Cliff Garten & Associates, Inc. d/b/a
Date:
ATT D BY:
�,�- � (�
arty Hendrix
Assistant City Attorney /�SS�- {i City Secretaiy
Date: Date: 6 oiS� �1(J�
M&C # G21291
Contract Authorization
February 14, 2006
Date
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t310.392.2060 f310.392.2062
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cliff garten studio
Artist's Statement, Lancaster Avenue of Light, Cliff Garten Studio, 070309
Urbanity
The revitalized Lancaster Corridor is a vital urban link between the histary 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 a new identity for Fort Worth's
future.
Form
My proposal identiiies 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 the basic architectural geometries found along Lancaster Avenue into new foims 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 compliment 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 six 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 nar�ows 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. Five or six
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. If budget is available six sculptures approximately twelve feet tall could operate at an intermediate
scale in the rhythm between the large sculptures. However, the large sculptures alone will hold the space.
EXHIBIT "B"
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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 six foot high color•ed concrete sculptural
bases. This blocking out of the median creates a seasonally changing palate of plantings complimented by colors of
concrete paveis 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, eight gauge 304
stainless steel plates, which are stacked three and one half inches apart to a height of thirty two feet for the five or six
large sculptures. Each plate is a different shape and together they create a single sinuous form. Each plate is line grain
sanded to bring out the surface and then electro polished. Electro polishing is necessary to acquire the surface glow to
bring out the refraction and reflection of light off of the plates at night and in the sunlight. The sculptures are
conceived by a dialogue between 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
seven and one half feet by three and one half feet at the largest to three feet by three feet at the smallest. The plates are
welded to five vertical two and one half inch diameter schedule 40 stainless steel pipes which surround a one foot
opening in the center of each plate. This central one foot diameter opening creates a cylindrical void in the center of
each sculpture. The void is lighted by one Hydre19800 metal halide lamp mounted on top of the sculpture and shining
down and one of these lights in the sculpture's base shining up. Four of these lights are installed in grade at the base of
the sculptures up lighting the plates from and angle and two Hydrel 7200 flood lights up light the front and back of
each sculpture. So that each sculpture becomes filled with light, reflecting off of the biushed and electro polished
stainless steel surfaces, making the sculpture glow almost as if it were crystal. The idea is to light the work so that the
form is once again transformed into what I call an "ethei•eal 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.
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Maintenance
cliff garten studio
The Hydrel metal halide fixtures being used are of the highest quality US made fixtures and metal halide will need re-
lamping every five years when the lights are on a standard nighttime schedule. The light on the top of each sculpture
will require a lift to re lamp and can be re lamped when the street lights are re lamped. All other lights can be re lamped
from the ground. 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 304 stainless steel which is electro polished and 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.
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FORT WORTH
PUBLIC ART PROJECTS
INSURANCE REQUIREMENTS
1. Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
�Revised 6-12-07)
Coverage shall include but not be limited to the following: premises operations,
independent contractors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, be as
comprehensive as the current Insurance Services Office (ISO) policy.
2. Automobile Liability
$1,000,000
$250,000
$500,000
$100,000
Each accident
or
Bodily Injury per person
Bodily Injury per occurrence
Property Damage
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
3. Workers' Compensation
Statutory limits
Employer's liability
$100, 000
$100,000
$500,000
Each accident/occurrence
Disease - per each employee
Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
Office (817) 392-8492 * FAX (817) 392-5874
EXHIBIT "C"
�` �
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FORT wORTH �Revised 6-12-07)
��.
GENERAL POLICY REQUIREMENTS
The City of Fort Worth, its Officers, Employees and Volunteers shall be named
as an Additional Insured. Exception... the additional insured requirement does
not apply to Workers' Compensation policies
Forty-five (45) days notice of cancellation or non-renewal.
Example: "This insurance shall not be cancelled or non-renewed, until
after forty-five (45) days prior written notice has been given to the City of
Fort Worth, except for ten (10) days notice for non-payment of premium. I
am in agreement with this change, and would even agree to change from
45 days to 30 days if they want.
Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
(under the general liability policy — subject to additional premium based on
project fee) I do not recommend this be added to the contract. It sounds more
like they're raising the concern that this endorsement costs $$ on the GL policy.
If you want to waive the endorsement requirement on the GL policy (which I
would agree to), you should add the following to the beginning of this bullet item:
"Automobile and Workers Compensation policies shall provide a..."
The insurers for all policies must be licensed/approved to do business in the
State of Texas. Except for workers' compensation, all insurers must have a
minimum rating of A: VII in the current A. M. Best Key Rating Guide or have
reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow form of the primary coverage.
• "Unless otherwise stated, all required insurance shall be written on the
"occurrence basis"". If coverage is underwritten on a claims-made basis, the
retroactive date shall be coincident with or prior to the date of the contractual
agreement and the certificate of insurance shall state that the coverage is claims-
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET �t FORT WORTH, TEXAS 76102
Office (817) 392-8492 rt FAX (817) 392-5874
EXHIBIT "C"
FORT wORTH �Revised 6-12-07)
made and the retroactive date. The insurance coverage shall be maintained for
the duration of the contractual agreement and for five (5) years following
completion of the service provided under the contractual agreement or for the
warranty period, whichever is longer. An annual certificate of insurance
submitted to the City shall evidence such insurance coverage.
• The deductible or self-insured retention (SIR) affecting required insurance
coverage shall be acceptable to and approved in writing by the Risk Manager of
the City of Fort Worth in regards to asset value and stockholders' equity. In lieu
of traditional insurance, alternative coverage maintained through insurance pools
or risk retention groups, must also approved by the City's Risk Manager.
The City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages and
their limits when deemed necessary and prudent by the City based upon
changes in statutory law, court decision or the claims history of the industry as
well as of the contracting party to the City of Fort Worth. The City shall be
required to provide prior notice of ninety (days).
The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modifications of particular policy terms, conditions,
limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of party or the underwriter on any such
policies.
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
Office (817) 392-8492 * FAX (817) 392-5874
EXHIBIT "C"
Page 1 of 3
City of Fort Worih, 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�acket/Reports/mc�rint.asp 6/25/2007
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-Votinql:
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�acket/Reports/mc�rint.asp 6/25/2007
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/AccountlCenters
� $500,000.00
GC10 488332 013010001000
� $500,000.00
GC10 538070 013010001000
2&4 $250,000.00
C291 472010 039980037830
2&4
C291 472010 039980037880
3&4
C291 472115 039980037880
�
C291 531200 039980037830
�
C291 541200 039980037880
$250,000.00
$500,000.00
$250,000.00
$750,000.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
�
GC10 538070 013010001000
�
C115 538070 020115023246
�
C291 531200 039980037830
�
C291 541200 039980037880
Libby Watson (6183)
Bridgette Garrett (8518)
Sandy Oliver (7371)
$500,000.00
$500,000.00
$250,000.00
$750,000.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/25/2007