HomeMy WebLinkAboutContract 36533 (2)Ci T Y SECRETARY
CONTRACT NO.
AMENDMENT TO CITY SECRETARY
CONTRACT NO.33409
WHEREAS, on June 25, 2007, the City of Fort Worth ("City") and Cliff Garten &
Associates, Inc., d/b/a Cliff Garten Studio ("Artist") and entered into City Secretary Contract No.
35428 (the "Contract") as authorized by City Council (M&C C-21291) on February 14, 2006 and
the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract
Manager;
WHEREAS, under the Contract Artist is to fabricate and install four (4) three-
dimensional, freestanding, internally -lit stainless Steer sculptures approximately 35' in height
with associated spot lighting entitled Avenue of Light; and,
WHEREAS, under Section l.l.e. of the Contract, it was stated that "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 Jly 31, u007, the n the costce of the of materials sculptures may be adjusted to cover any documentedncreases
labor; and,
WHEREAS, the City desires to expand Artist's scope of services to include two (2)
additional sculptures; and,
HEREAS, the Artist requires additional
Wfunds to provide the expanded scope of
services; and
WHEREAS, it the mutual desire of City and Artist to amend the Contract.
Fort Worth
R
NOWTHEEFORE, City, whose address is 1000 Throckmorton Street,
, ,
rizeci
SISLURL
Texas 76102, acting by and through
Watson, Preside duly
Whoseoaddre A is 1315 P1restonnWay,
and Artist acting by and through Cliff Garten
Venice, CA, 90291, do hereby agree as follows:
I.
Recitals —The third paragraph of the Agreement is amended to be read as follows:
"WHEREAS, the Artist was selected by the City through a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission
to design, fabricate and install six (6) 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 J r 1�
Exhibit "B", (the "Work' and, � � �-' � GIN
CONTRACT AMENDMENT
Cliff Garten Studio
01-23-Og P02�02 IN
Section 1.1. General. This Section is amended to delete 1.1.e.
Section 2.1. Fee. This Section is amended to be read as follows:
"a. The City shall pay the Artist a fee of ONE MILLION TWO HUNDRED THIR N
oc�TU-KTT'V_FTCITuT DOLLARS ANDO
ar,vr,ly
($1 237 778) (the "Fee"), which shall conscom
titute full
CENTS pensation for all
ist under this Agreement,
services and materials to be performed and furnished by the Art
inclusive of execution, fabrication, transportation, installation, insurance, incidental costs,
Artist's fees and all travel expenses.
a.
Agreement and submission of schedule;
upon full execution of this
upon
b. `1'wo nunareu iut -vlja �11��..--� -----
full execution of the Contract Amendment and submission of revised schedule;
c.
d.
e.
upon
ed fort � nine thousand seven hundred thirtv dollars ($149 730
One hun1
dr
..,,,,,1Pt;nn of Host -processing of steel plates;
,.
upon
completion of fabrication and approval of City before delivery of scu�y�ures
to
within
thirty-five (35) days after Delivery and Installation and rmai ticccY��ljce and
ot
receipt by City of such documentation it may require concerning payment
services and supplies rendered to the Artist [see Section 1.6 (a)]; provided,
however, that final delivery shall not be tendered prior to the expiration of thirty
(30) days after Final Acceptance.
Funds previously paid to the Artist prior to this amendment shall apply toward the total fee.
b. Notwithstanding the foregoing, the City shall pay to the Artist, upon receipt of supporting
documentation by the Contract Manager from the Artist and approval by the Contract Manager
Page 2
CONTRACT AMENDMENT
Cliff Garten Studio
of the additional costs, contingency funds in an amount up to $62, 222 for additional costs
associated with the Work that are incurred by the Artist ("Contingency Funds")." T I't�s �h� e o c�
��wo� yl�aLl be I"aAAI:'otj To � "Pee" a4 dffi'Ncol IM S¢ti�+oK.2.1.
All other terms and conditions of City Secretary Contract No. 35428 not amenaea n�rem
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
IN WITNESS WHEREOF, the partie hereto hav executed four copi�s��O�� his contract
amendment in Fort Worth, Texas, this o�`-�i" day of l(JJ
CITY
By:
OVED AS TO FORM AND LEGALITY:
City
CONTRACT AMENDMENT
CliffGarten Studio
T WO
Libby WatsF6n
Assistant City Manager
• . •°IM
!4j 3
ARTIST
Page 3
Page I of 3
Online City Council Agenda
10/31/2007 (L{ kvi'C7' air
FORTWORTH Fort worn,, Texas, is a city fbcusing on its �,� . �J
future. Together, we are building strong
neighborhoods, developing a sound economy
and providing a safe community.
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COUNCIL ACTION: Approved on 8/21/2007 - Ord. No. 17725-08-2007
LOG NAME: 17PUBLICART
DATE: 8/21/2007 REFERENCE NO.: NON CONSENT PUBLIC HEARING: NO
CODE: C TYPE: t with Cliff Inc,,arten & Associates, d/b/a Cliff
SUBJECT: Authorize Executiondof cat ont act dmen Installation of two Ad
onal Sculptures as Part of the "Avenue
Garten Stu Ordinance
of Light" Lancaster Corridor Public Art Project and Adopt
RECOMMENDATION:
It is recommended that the City Council:
th
Garten & Associates,
1. Authorize the City Manager to amend eta Artwork Contract No! 3542 ) for rfabr cact lationl,instal installation and associated
Inc., d/b/a Cliff Garten Studio, (City Secretaryfeet in
costs for two additional internallylit laser dstainless the "Avenue of steel
Light13 sculptures
public artrpro ect, in an amount of
height in the median of LancasterrAvenue known as
not to exceed $5501000;
2. Authorize the City Manager to accept funds the amount of up to $275,000 from the Lancaster TIF for the
commission of one of the additional sculpture ,
3. Authorize the City Manager to accept funds in the amount of up to $275,000 from the Local Development
Corporation for the commission of one of the additional sculptures;
4. Approve the transfer of up to $275,000 from the Local Development Corporation Fund to the Specially
Funded Capital Projects Fund; and
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in an
amount up to $550,000 in the Specially Funded Capital Projects Fund.
DISCUSSION:
On February 14, 2006, the City Council Assoc ates,&ncCd/b a9Cl ffrGarten Studios nb he amount of rk
commission contract with Cliff Garten & included six
$1,00o,000 for the Lancaster "Avenue ofe Light"
heigject, Cliff Garten Studio)s ht, composed of 1120 perforate d,lproposal
polished steel
internally -lit beacons, approximately 30 9ht,he sculpral forms
plates (1/4 inch thick), which at classical
level would t
ransparente
s cal details sof the Texas andPaci im
s Teinal, Te as and Pacf cere
inspired by the Art Deco and
Warehouse and U.S. Post Office.
Due to a sharp increase in stainless steel prices during the design development and construction oated budget. At
phases of the project, n turseen comm
takeholders addtures have itional onal funds have been secured issioned using the rinloarde tlly o commission two
the request of community
additional sculptures to complete the "Avenue of Light" project:
1. The Lancaster TIF Board approved an appropriation of up to $275,000 to fund one additional sculpture
on July 11, 2007; and
mhtml:file://S:\PublicArt\CURRENT PROJECTS\Lancaster\COMMISSION CONTRACT\M&... 10/31/200
Page 2 of 3
Online City Council Agenda
2. The Local Development Corporation (LDC) is scheduled to consider an appropriation of up to
$275,000 for one additional sculpture on August 21, 2007. Upon approval of the LDC, funds will be available
for a total of six sculptures to be included in the "Avenue of Light" project. It is anticipated that funds from the
sale of surplus properties along the north side of Lancaster Avenue would eventually reimburse the LDC.
BACKGROUND:
The "Avenue of Light" project is a component of the Lancaster Corridor Redevelopment project, whic uses
the redesign of Lancaster Avenue a catalyst to redevelop the south end of Downtown, and to connect
Downtown more effectively with the Medical District and the near east side areas. The reconstruction of
Lancaster Avenue is intended to transform the street into a great urban place with a lively mix of pedestrian -
oriented activities.
ARTWORK SELECTION PROCESS
mmended that Fort Worth Public Al na
In April 2005, the Lancaster Steering Committee recoiitite a process to
caster Avenue that would encompass the area
find a new design for the median of the redeveloped Lan
ing by day and night, visible from various
between Lamar and Commerce Streets. The design would be engag
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 chose 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.
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.
M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinanceds will be available ion the current capital budget, as appropriated, of
the Specially Funded Capital Projects
TO Fund/Account/Centers
4&5
C291 472106 039980037880
5) C291 488100 039980037880
5) C291 541200 039980037880
.$275 000.00
$275 000.00
�550 000.00
Submitted for City Manager's Office bv:
FROM Fund/Account/Centers
2) GS87 539120 002708005000
3) R106 538070 O17106003000
Dale Fisseler (6140)
Libby Watson (6183)
275 000.00
275 000.00
mhtml:file://S:\PublicArt\CURRENT PROJECTS\Lancaster\COMMISSION CONTRACT\M&... 10/31/200 �
Online City Council Agenda
Page 3 of 3
Originating Department Head:
Additional Information Contact:
Tom Higgins (6192)
Jay Chapa (5804)
Sandy Oliver (7371)
Ardina Washington (8003)
ATTACHMENTS
roriation Ordinance -Public Art.doc
mhtmL•file://S:\PublicArt\CURRENT PROJECTS\Lancaster\COMMISSION CONTRACT\M&... 10/31/2007