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Home My WebLink AboutContract 36821-A2 CITY cJE0RETAr �0NT ,CT NC 3 _g.�S2t�7A2 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36821 WHEREAS, on March 18, 2008, the City of Fort Worth("City") and PhenomenArts, Inc. ("Artist") and entered into City Secretary Contract No. 36821 (the "Contract") as authorized by City Council (M&C C-22704) on March 4, 2008 and amended by City Secretary Contract No. 37879 (the "Amendment") on October 30, 2008 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 five (5) large scale vertical transparent colored glass panels or "fins" and associated lighting on the Throckmorton Street facade of the Fort Worth Convention Center Parking Garage; and, WHEREAS, at the City's request, the Artist has developed a conceptual proposal to alter the appearance of the central precast concrete chevron motif upon which the "fins" are being installed by adding four (4) vertical semi-cylindrical fiberglass components as indicated on a proposal sketch attached hereto as Exhibit"H"; and, WHEREAS, the City desires to retain the option to have the Artist finalize the design of, and fabricate and install the proposed components after the installation of the Fin Sculpture is complete; and, WHEREAS, it the mutual desire of City and Artist to amend the Contract. NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, acting by and through Fernando Costa its duly authorized Assistant City Manager, and Artist acting by and through Christopher Janney, President, whose address is 75 Kendall Road, Lexington, MA, 02421, do hereby agree as follows: I. Section 1.6. Final Acceptance. This Section is amended to add the following: d. For a period of one year following Final Acceptance, the City shall retain the option to have Artist finalize the design of, and fabricate and install four (4) vertical semi- cylindrical fiberglass components, as proposed by Artist, in order to alter the appearance of the central precast concrete chevron motif of the Throckmorton Street facade of the Site, as indicated on the sketch attached hereto as Exhibit "H". The City and Artist shall negotiate a budget for the project based upon hard costs plus an Artist's Fee not to exceed 20%. The City shall exercise its option by written notice to Artist. Artist acknowledges that the exercise of the option may require City Council approval and for the parties to enter into a new agreement. This Section 1.6.d shall survive the termination or expiration of this Agreement. �R�� ++t d T WORTH.TX CONTRACT AMENDMENT#2 Page 1 PhenomenArts,Inc.(Fin Sculpture) 0 3—19—0 9 A 1 1 : 1 7 IN All other terms and conditions of City Secretary Contract No. 36821 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract amendment in Fort Worth, Texas,this day of , 2009. ATTEST: CITY OF FORT WORTH / By: City Secretaly Fernando Costa Assistant City Manager NO M&C REQ(]r�D J;VE A TO FORM AND LEGALITY: s Istant City A'ttorkey ART ST Ph rts, In . By: Christoph Jann Title: LOFFICIAL RECORD CRETARYRTH)TX CONTRACT AMENDMENT#2 Page 2 PhenomenArts,Inc.(Fin Sculpture) 11 _ Ii1� �If1� 111 �� Ill � fl TEmom MEN MM.......... .......... ....::.... :......... 11Ifl1f/ all:: :all:::: If1 afl all:::::::;ill::::: :: it .:..:..:.: ......... 111li � 1111l1Ill1l1� : 1lI � ail . lll � 1111 i I�IfI�l� -- - - _ imp 1 ail -._::.. 1fi �� II =11 ,11 1 1 i 11 ..-- 11 .... —�:_--=—__---�� :::::....._.._-.....-.__.._.............. — ..1 .............. :- ... ::::.:.. ::::-� :: �m ..!1�.. . . . ... . ._.. ....�.... ..z....... ICI ow 11:;__ _111:::::;:1l1 ,......Ill:::;:::;all:::;;:_ 1l1.... ----- .- - - ---- ------ -- - 11 1' 1 II It 111Ili`i - 111- ' 111 _ 111 111aa11111a 11 _ Ili 1 :. :III : . I--- Ill�. : i � -_ _ _ .-__ -- - 1I�III00 mo mommomomi 1 1o1 RAEffiS ��a!�IIL,JL�JI!H!! m!!�JL�11L!iltilltil City of Fort Worth, 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 fagade in a chevron pattern in the central portion of the fagade. 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 Phenrome c.'s interactive sound environment and custom lighting components stated that the "fin sculptur�j be commissioned, if additional funds become available. Logname: 03PHENOMARTS 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), 'J'� M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent off ca ital Logname: 03PHENON ARTS 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/Account/Centers (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) sir Logname: 03PHENOMARTS Page 3 of 3