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HomeMy WebLinkAboutContract 40894AGREEMENT FOR DESIGN AND COMMISSION OF CUSTOM PUBLIC ART LIGHTING AND PROGRAMMING ENHANCEMENTS BETWEEN THE CITY OF FORT WORTH AND EXCITEMENT TECHNOLOGIES, L.L.C. This Agreement (the "Agreement"), entered into this day of :pb9n> , 2010 (the "Effective Date"), by and between the CITY OF FORT WORTH, ahome-rule municipal corporation of the State of Texas ("City"), acting by and through Fernando Costa its duly authorized Assistant City Manager, and EXCITEMENT TECHNOLOGIES, L.L.C. ("Excitement"), acting by and through Kelly Sticksel its duly authorized CEO/President. City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC. (the "Contract Manager"), to manage this Agreement on its behalf. The Contract Manager shall act through Martha Peters, its designated Vice President - Public Art. WHEREAS, City is implementing the Fort Worth Public Art Program pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances to create an enhanced visual environment for Fort Worth residents, to commemorate City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of City's capital infrastructure improvements, and to promote tourism and economic vitality in City through the artistic design of public spaces; WHEREAS, City owns a work of public art titled, Avenue of Light, by Cliff Garten Studio, which is composed of six (6) stainless steel sculptures (the "Artwork") located on medians on Lancaster Avenue between Lamar and Main/Commerce Streets in downtown Fort Worth, TX, 76102 more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Site"); WHEREAS, City determined that the lighting provided by the Artwork was insufficient and appropriated funds from the Public Art Fund for lighting enhancement to the Artwork at the Site; WHEREAS, to find an appropriate solution for increasing the level of illumination of the Artwork, the Fort Worth Public Art (the "FWPA") approached Cliff Garten to research, mockup, and propose alighting solution, WHEREAS, Cliff Garten recommended two firms that provided product demonstrations and budget estimates, both of which were ultimately not approved by the City; OFFICIAL RECORD' CITY SECRETARY T. WORTH, TX WHEREAS, the FWPA, with Cliff Garten's express understanding and approval, engaged Excitement to propose a lighting solution for the Artwork that would promote the integrity of the Artwork and enhance its artistic expression; WHEREAS, Excitement was selected by City through a process that included mockups at the Site conducted by the Contract Manager with oversight of the Fort Worth Art Commission (the "FWAC") to custom design, fabricate, and install public art lighting enhancements for the Artwork at the Site; WHEREAS, on May 12, 2010, the FWAC formally recommended Excitement's proposal (the "Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, to custom design, fabricate, and install eleven LED fixtures that will achieve the desired light output (which includes, but is not limited to, stainless steel enclosures, LED lighting elements/drivers, and a cooling system) and a custom -designed wireless control system for greater color programming flexibility (which includes, but is not limited to, DMX decoders, a DMX control desk, a playback controller, a wireless DMX system, and a backup battery system for the controller) (collectively referred to as the "Enhancements"); WHEREAS, Cliff Garten was involved in seeking the best solution to increase the level of illumination and supports City's efforts to enhance the level of illumination of the Artwork by engaging Excitement to create custom fixtures and a wireless programming system; and WHEREAS, City and Excitement wish to set out the terms and conditions under which the Enhancements shall be designed, fabricated, and installed in order to promote the integrity of the Artwork and enhance its artistic expression and promote Excitement's ideas and statements as represented by the Proposal. NOW, THEREFORE, City and Excitement for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. Excitement shall perform all services and will furnish all supplies, materials, and equipment as necessary to design, fabricate, deliver, and install the Enhancements, as set forth in Sections 1.2 through 1.0. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Excitement shall determine the final scope, design, color, size, material, and texture of the Enhancements, subject to review and acceptance by City as set forth in this Agreement. The location at the Site in which the Enhancements shall be installed shall be mutually agreed upon by City and Excitement. c. Excitement shall install the Enhancements on dates and at times mutually agreed upon by Excitement and City. d. To the extent possible, Excitement shall maintain the current lighting program for the existing light fixtures, including "TCU Purple" on the dates of Texas Christian University home games during the 2010 football season. A copy of the program is attached hereto as Exhibit "G" and incorporated herein by reference. e. Within thirty (30) day after completing the installation of the Enhancements, Excitement shall conduct a training session for the Contract Manager and its consultants and City staff on lighting software programming, as well as routine maintenance of the light fixtures. f. Within thirty (30) day after completing the installation of the Enhancements, Excitement shall provide a completed "Technical and Maintenance Record," which is attached hereto as Exhibit "C" and incorporated herein by reference, to the Contract Manager. 1.2. Final Design Deliverables. a. Within one (1) month after the execution of this Agreement, Excitement shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.2.a.i.-iii. (collectively referred to as the "Final Design Deliverables") to City for approval. Final Design Deliverables shall consist of the following: i. Excitement shall provide comprehensive working drawings, detailing the construction methods) %J the Enhancements and the means of installing the Enhancements at the Site, together with other such graphic material as may be requested by City in order to permit City to carry out structural design review. ii. Excitement shall provide a site plan indicating the location of the Enhancements in relation the Site, including approximate distances from to the six (6) sculptures comprising the Artwork. 3 of 41 iii. Excitement shall provide a written narrative describing the following items: (1) Final Design concepts and timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Enhancements; and (3) maintenance requirements for all elements of the Enhancements as dictated by Excitement along with cost estimates for annual maintenance. b. Upon completion of the Final Design Deliverables, Excitement shall meet with City officials and the Contract Manager to present the Final Design, at a date and time mutually agreed upon. c. Upon City's approval, Excitement shall provide the Final Design presentation materials to the Contract Managers to become part of City's Public Art archive. d. Upon request by Excitement, City, the Project Consultants, and/or project manager shall promptly furnish all information, materials, and assistance required by Excitement in connection with said submission to the extent such materials are available. City, upon request, shall also provide correct scaled drawings of the Site, if available. 1.3 Desian Review a. City may require Excitement to make such revisions to the Final Design as are necessary for the Enhancements to comply with applicable statutes, ordinances, and/or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. b. City may also require Excitement to make such revisions to the Final Design as City deems necessary in its sole discretion. c. Within thirty (30) days of City's receipt of Excitement's submission of the Final Design, City shall notify Excitement of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 1.3, upon approval by City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by City, Excitement shall have a reasonable amount of time to resubmit the Final Design in conformance with City's requirement. e. If resubmitted materials are not approved by City, this Agreement may be terminated at City's discretion, with payment for work performed per the payment schedule in Section 2.1. f. Upon the expiration of the Term (hereinafter defined in Section 3.1) of this Agreement, if the Final Design is accepted by City, then fabrication, delivery, and installation of the Enhancements may commence. 1.4. Execution of the Enhancements a. Upon execution of this Agreement, Excitement shall promptly furnish to the Contract Manager a schedule (the "Schedule") for the completion of the fabrication and installation of the Enhancements, including a schedule for the submission of progress reports, as required. After written approval of the Schedule by City, Excitement shall fabricate, deliver, and install the Enhancements in accordance with the Schedule. Schedule changes may be accomplished by written agreement between Excitement and City. b. City and the Contract Manager shall have the right to review the Enhancements at reasonable times during its fabrication and/or request visual documentation of the fabrication. Excitement shall, upon written request by the Contract Manager, provide a written progress report detailing the progress made toward completion of the Enhancements and the remainder to be completed. c. Excitement shall complete the fabrication of the Enhancements in substantial conformity with the Final Design. However, Excitement may present to the Contract Manager, in writing for further review and approval, any significant changes in the scope, composition, lighting, design, color, size, material, or texture of the Enhancements not in substantial conformity with the Final Design. The Contract Manager shall, in light of the Final Design, determine whether a significant change requires City approval. 1.5. Delivery and Installation. a. Excitement shall notify City, through the Contract Manager, in writing, when fabrication of the Enhancements is completed and ready for its delivery and installation at the Site. b. Excitement shall deliver and install the completed Enhancements at the Site in compliance with the Schedule; provided, however, that delivery and installation activities may not commence until written permission is delivered to Excitement by the Contract Manager. c. Excitement, individually and through its subcontractors, including its fabricator, shall take all necessary precautions to protect and preserve Lite integrity and finish of the Artwork and the Site while delivering and installing the Enhancements. Excitement shall be liable for any and all damage to the Artwork and/or the Site caused by Excitement and/or Excitement's subcontractors, including, but not limited to, damages resulting from delivery, installation, Excitement's negligence, and/or Excitement's subcontractors' negligence. d. Excitement agrees to obtain and pay for all licenses, permits, certificates, inspections, and all governmental approvals and other fees required by applicable law or otherwise necessary to perform the services set forth in this Agreement. e. City shall have the right to inspect the Enhancements upon delivery before accepting the Enhancements. Excitement shall be responsible for all charges for the return to Excitement of any Enhancements rejected as being nonconforming. 1.6. Final Acceptance. a. Excitement shall notify City in writing when all services required have been completed in substantial conformity with the Final Design. Included in such notice from Excitement shall be an affidavit, which is attached hereto as Exhibit "D" (the "Affidavit") and incorporated herein by reference, certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. City shall notify Excitement in writing of its final acceptance of the Enhancements ("Final Acceptance"). c. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's notification of Final Acceptance; or, (2) the 35th day after Excitement has sent the written notice to City required under Section 1.6.a unless City, upon receipt of such notice and prior to the expiration of the 35-day period, gives Excitement written notice specifying and describing the services that have not been completed. 1.7. Risk of Loss The risk of loss or damage to the Enhancements shall be borne by Excitement prior to Final Acceptance, and Excitement shall take such measures as are necessary to protect the Enhancements 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 City or its agents prior to Final Acceptance during such periods of time as the partially or wholly completed Enhancements are in the custody, control, or supervision of City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Enhancements. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fee. City shall pay Excitement a fee in the amount of ONE HUNDRED FIFTY-THREE THOUSAND EIGHT HUNDRED THIRTEEN DOLLARS AND FIFTY-FIVE CENTS ($153,813.55) the "Fee"), which shall constitute full compensation for all services to be performed and materials to be furnished by Excitement under this Agreement, inclusive of final design, fabrication, transportation, installation, insurance, incidental costs, and travel expenses. City shall pay the fee in the following installments: a) Ninety -Two Thousand Two Hundred Eighty -Eight Dollars and Thirteen Cents (OW) ,288.13) upon full execution of this Agreement and City's approval of the Final Design. b) Thirty Thousand Seven Hundred Sixty -Two Dollars and Seventy -One Cents ($30,762.71) upon the Contract Manager's verification that fabrication is complete and ready to install. c) Thirty Thousand Seven Hundred Sixty -Two Dollars and Seventy -One Cents ($30,762.71) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Excitement [see Section 1.6 (a)]. 2.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon this project. City shall supply Excitement with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached hereto and incorporated herein as Exhibit "E" for use by Excitement in the fulfillment of this Agreement. 2.3. Excitement's Expenses. Excitement 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 City, cost of all travel, insurance, and costs for Excitement's agents, consultants, and/or employees necessary 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 Effective date of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Excitement by City, whichever is later. 3.2. Duration. The services to be required of Excitement set forth in Article I shall be completed in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between Excitement and City. 3.3. Early Completion of Excitement's Services. Excitement shall bear any transportation and storage charges incurred from the completion of its services prior to the time provided in the schedule for delivery. 3.4. Time Extensions; Force Majeure. City or Excitement, 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 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. Warranties of Title. Excitement represents and warrants that: a. The Enhancements and all associated materials do not infringe upon or violate any United States patent, copyright, and/or trade secret; b. Excitement has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Enhancements or any associated materials related thereto that may affect or impair the rights granted pursuant to this Agreement; c. The Enhancements and all associated materials are free and clear of any liens from any source whatsoever; d. Excitement has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; e. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and diligence; f. Excitement shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH IT MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE ENHANCEMENTS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. 4.2 Warranties of Quality and Condition a. Excitement represents and warrants that all work will be performed in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent professional who perform services of a similar nature. Excitement represents and warrants that it will perform its services in a professional "workmanlike" manner, and any work performed will be free from defective or inferior materials and workmanship (including, but not limited to, any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Enhancements) for one year after the date of Final Acceptance. b. Excitement represents and warrants that the Enhancements and the materials used are not currently known to be harmful to public health and safety. c. If, within one year, City observes any breach of warranty described in this Section 4.2 that is curable by Excitement, then Excitement shall, at the request of City, cure the breach promptly, satisfactorily, and consistent with professional conservation standards, at no expense to City. City shall give notice to Excitement of such breach with reasonable promptness. d. If, after one year, City observes any breach of warranty described in this Section 4.2 that is curable by Excitement, City shall contact Excitement to make or supervise repairs or restorations at a reasonable fee during Excitement's lifetime. Excitement shall have the right of first refusal to make or supervise repairs or restorations. Should Excitement be unavailable or unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified maintenance expert. e. If, within one year, City observes any breach of warranty described in this Section 4.2 that is not curable by Excitement, then Excitement is responsible for reimbursing City for any and all damages, expenses, and losses incurred by City as a result of the breach. However, if Excitement 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. f. Acceptable Standard of Display. Excitement represents and warrants that: i. General routine cleaning and repair of the Enhancements and any associated working parts and/or equipment will maintain the Enhancements within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Enhancements to experience only minor repairable damages and will not cause the Enhancements to fall below an acceptable standard of public display. Hi. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Enhancements will not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and peeling. iv. Manufacturer's Warranties. To the extent the Enhancements incorporate products covered by a manufacturer's warranty, Excitement shall provide copies of such warranties to City. g. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Enhancements in accordance with Excitement's specifications. 4.3 Survival of Representations and Warranties These representations and warranties shall survive the termination or other extinction of this Agreement. ARTICLE 5 SOFTWARE If the Enhancements require the license of software products and/or services, and unless otherwise agreed, Excitement hereby grants to City a perpetual, irrevocable, non-exclusive, nontransferable, royalty -free license to use the software. This software is "proprietary" to Excitement, and is licensed and provided to City for its sole use for purposes under this Agreement. City may not use or share this software without permission of Excitement; however, City may make copies of the software expressly for backup purposes. ARTICLE 6 INSURANCE AND INDEMNITY 6.1. General. Excitement shall carry insurance as set out in Exhibit "F." Except as provided in Section 1.7 hereof, the risk of damage to or loss of the Enhancements, during fabrication and installation but prior to Final Acceptance, shall be solely that of Excitement. This risk shall transfer to City and shall no longer be the responsibility of Excitement upon Final Acceptance. 11 of41 6.2. Performance Bonds. Excitement shall not be required by City to post any performance bonds or similar undertakings. 6.3. Indemnity. (a) EXCITEMENT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT HIS OWN EXPENSE, CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY EXCITEMENT'S NEGLIGENCE OR WILFUL MISCONDUCT; AND EXCITEMENT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NON- PERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY EXCITEMENT'S NEGLIGENCE OR WILFUL MISCONDUCT. EXCITEMENT LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, AND/OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF EXCITEMENT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, AND/OR LICENSEES. (b) EXCITEMENT AGREES TO AND SHALL RELEASE CITY, ITS REPRESENTATIVES, AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR 11 of 41 PROPERTY SUSTAINED BY EXCITEMENT IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) Excitement shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. (d) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 7 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1. Title. Title to the Enhancements, including, but not limited to, all documents, models, drawings, and/or materials that constitute or are components of the Final Design, shall pass to City upon Final Acceptance and payment for the Enhancements. These documents, models, and/or drawings will be retained for archival and exhibition purposes. Excitement'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 in this Agreement. ARTICLE 8 EXCITEMENT AS AN INDEPENDENT CONTRACTOR Excitement shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of City. Excitement 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 its officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Excitement, its officers, agents, employees, and subcontractors, and the doctrine of respondeat superior has no application as between City and Excitement. ARTICLE 9 SUBCONTRACTING Excitement may subcontract portions of the services to be provided hereunder at Excitement's expense, provided that said subcontracting shall not adversely affect the design, appearance, or visual quality of the Enhancements and shall be carried out under the personal supervision of Excitement. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. Excitement shall provide information regarding all subcontractors, including, but not limited to, its fabricator, along with a copy of the subcontract between Excitement and each subcontractor. ARTICLE 10 TERMINATION 10.1. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Excitement 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 City, pursuant to this Section 10.1, City shall be entitled, in addition to any other rights and remedies, to recover from Excitement a sum equal in amount to the cost incurred by Excitement 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 party 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 cure the default. If it is not cured, 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. 14 of 41 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 City, then Excitement shall have the right to an equitable adjustment in the fee including all work preformed to date, in which event 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 City by Excitement under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Enhancements shall pass to City. c. If termination is for the convenience of Excitement, then Excitement shall remit to City a sum equal to all payments (if any) made to Excitement pursuant to this Agreement prior to termination. ARTICLE 11 EQUAL OPPORTUNITY a. Excitement shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Excitement shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including, but not limited to, apprenticeship. Excitement agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by City setting forth the provision of this nondiscrimination clause. b. Excitement shall, in all solicitation or advertisements for employment placed on or on behalf of the Excitement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. c. Excitement shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. 15 of 41 d. In the event of Excitement's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in pant, and Excitement may be debarred from further agreements with City. ARTICLE 12 MISCELLANEOUS 12.1. Compliance. Excitement shall be required to comply with Federal, State, and City statutes, ordinances, and regulations applicable to the performance of Excitement's services under this Agreement. 12.2. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 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 City. 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. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 16 of 41 12.6. Successors and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Excitement and their respective successors and permitted assigns. 12.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Excitement, 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. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 12.9. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 12.10. Fiscal Funding Out. If, for any reason at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of (1) thirty (30) days following delivery by City to Excitement of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth 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. 12.12. Excitement's Address. Excitement shall notify the Contract Manager of changes in address. 12.13. Right to Audit. Excitement agrees that City will have the right to audit the financial and business records of Excitement that relate to the Enhancements (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Excitement shall make all Records available to City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this Section 12.13 shall survive expiration or earlier termination of this Agreement. 12.14. Certified MWBE. If applicable, Excitement 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 City under City's M/WBE ordinance. 12.15 Survival Provision The provisions contained in Articles 4, 6, and 8 shall survive the termination or expiration of this Agreement. 12.16 Public Information Act Excitement understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. Excitement shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Excitement's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, City will notify Excitement prior to disclosure of such documents, and give Excitement the opportunity to submit reasons for objections to disclosure. City 18 of41 agrees to restrict access to Excitement's information to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any un- authorized disclosure or transfer of information. City will use its best efforts to secure and protect Excitement's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Excitement will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. ARTICLE 13 NOTICES All notices, requests, demands, and other communications t 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: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: City Attorney City of Fort Worth Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Vice President - Public Art Arts Council of Fort Worth &Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. EXCITEMENT: Kelly A. Sticksel, CEO / President Excitement Technologies, L.L.C. 4301-A Lindbergh Drive Addison, TX 75001 [SIGNATURES APPEAR ON FOLLOWING PAGE.] IN WITNESS HEREOF, the parties hereto have executed this Agreement on the Effective Date, APPROVED AS TO FORM: Tyler Wallach Assistant City Attorney Contract Authorization: M&C # C-24445 Date: September 14, 2010 CITY OF FORT WORTH by: Fernando Costa Assistant City Manager TECHNOLOGIES, L.L.C. Technologies, L.L.C. icksel by: Kelly A. St CEO / President ATTESTED BY: Marty Hendrix City Secretary OFFICIAL RECORD' CITY SECRETARY T. WORTH, TX 21 of 41 L ' Exhibit A' SITE t'• u.vducsT :; �f s a = 3 ci _itn_Jarvis3l_, � 2006 P.tapQuest, Inc. ti 1 0 Fort WorMr t, cawenUon 1 1,��r5 y111 oe 22 of 41 waa. t• cr.d.,r+ i a P: oi..a bil OFFICIAL RECORD CITY SECRETARY FT. (NORTH, TX 1�114rr4�yFalltl u�i Fwia'!ry K#1"x�:iJL4'TUiiC L�:Y:'hT:tY13 ti/Tsi s]t3lGifiL hffi."tiAN ro ns.,r,,�szae.s «.. N..� •,•�+ .f s7 K— I as:ax.—wa. sot --mary sit = ,a �� aua+xmia oea r.�,rw.. rrm Hsi: 23 of 41 A�.`atJ'�aJLk TUAE LCa_§TLY13 VAT*s;�AiiA•••#tA1 A�;UN r,wa:�xwx+». .76\'Z an irimi rrt Iry uat �i rxi a„=2 K2 *Ay I c.n,it I awi+ Hit izafi ltt •1.r=ia �. hwts.Yca6x;es. tiakei VLL'Y' .a., ... t.r..,r aax., LMTSB-UAIfN7plh�t§N xii xinaaLnrmtfta +a•ac«aafmt f�'v�ilLMLt1Ei9C4TCt14 V,1T1+951QY3ALhWt _ws>Y�aal«ra. ° - .�• pp�� ,1 ��FV—''i '•� srru-ruafet fn af3aia Ytc Urza �: ""' NfY f,afit>wf fik Crta+Y traR CIn [StrltR z?ulir ,fy i«tlm YM' Tit'f":r 5Li1tF7U�E LCC.QTiC#13 YATti �16PiA1 AECs1hN ,+,• r. m.r.ua«.M. vu.=. Y� .rya F� G vEl':1 �-,•aaat t,amarnt +tf v ""' �eok .t��©i�mn �iirh it+s r�xaurmJ li�k`�3:�vLfiUiEL�hhTvtl3 'MTC D�IG7ddL ACC4lhF! ,•• n..ara,rtiuw ws. ••.•••�'�. •.•cn -7 J�—/ i+.m1 nagazNa r. •s.r..s. � ,•— Nye a�afetsaa fiat ts.,u. e�ii 26 of 41 Exhibit B: PROPOSAL EXCITEMENT TECHNOLOGIES GROUP FC:RT WORTH'S AVENUE OF LIGHT Proposal for PFrmanent Lighting of the Sculptures on Lancaster Rvenue OVERVIEW Excitement Technologies Group (ETG} proposes to supply the City of Fort Worth and the Arts Council of Fort Worth and Tarrant County a fully integrated lighting solution forth sculptures an fie median of Lancaster Avenue in downtown Fort Worth. The proposed solution will provide the desired light output and color design flexibility for illuminating the sculptures, FEATURES OF THE PROFOSED SOLUTION LIGHT FIXTURES • It-0odern stainless steel de -sign compatible with fhe sculptures and Anfgured for "monument" lighting (tall, thin and vertical) • LED lighting elements and drivers with up to 50,000 hours in lifespan (minimum estimated lifespan of 20,000 hours) • Solid slate output of approximately 15,000-18,0011 lumens per fixture • Full color mixing capability • Ultra smocih dimm'.ng capability • DMX. controlled • High efficiency cooling systems • Condensation mitigating windows and lensing • Easy access for maintenance ■ Low voltage interior components • Remote high voltage vault • Optional custom texblogo relief cuss • Underground concrete footings • Full efectrical service installation and modification to existing service CUSTOMIZED CONTROL SYSTEM • 1 DhIX control desk • 1 Playback txrntrolfer • 1 rNreless DMX transmitter • 5 Wireless DMX receivers • 8 li'Vireless DMX antennae • 1 Batter backup • 1 Remote programming computer 4301-A Lindbergh lJrive Addison, TX 75001 TEL �r72-418-1100 FAX g72.41$-1108 www.ExcitementTechnologies.com OFFICIAL RECORD CITY SECRETARY 27 of 41 � FT. WORTH, TX NOTE.• This is a proposal rendering. The text "Lancaster Ave. "shall not appear on the fixtures. Exhibit C: TECHNICAL AND MAINTENANCE RECORD GENERAL INFORMATION Excitement: Address: Telephone: Cell: E-mail: Other Representation: EHANCEMENT TO THE ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of the Enhancements: (attach separately if necessary): Dimensions: Height: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Width: Depth: Depth: Location & Description of Signature Markings (or copyright): Edition Information if applicable: - Date of Execution: Place of Execution: Fabricator Fabricator Address: Methods/Materials Used in Execution of the Enhancements Materials (list type, brand name and manufacturer of all materials; attach Material Safety &Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the enhancement of the Artwork. Attach all warranties & agreements) Materials) Specifications: Joining Methods: Welding Rod Alloy or Joint Material &Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Finishes &Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, graffiti, etc. Please list vendors and contact information and provide all product information): Pedestals, Foundations & Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Recommended Routine Maintenance Excitement recommendation based on experience and consultation with conservation expert Excitement's Conservation Consultant Name: Address: Phone: (Please attach Conservator's Long Term Maintenance Recommendations) Unusual or Special Circumstances of Note Excitement's Intention (Please describe your view of how the Enhancements will change over time and in response to environmental conditions. Excitement's vision of how the Enhancements will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for the Enhancements. Please address issues related to the life expectancy of the Enhancements.) Exhibit D: AFFIDAVIT AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of 200 . Notary Public, State of Texas Print Name Commission Expires Exhibit E: SALES TAX EXEMPTION TEX11S CER'TI>FICA'I'�' OF` EXENIPTIt?N [ cl;iim an exemption t'rom payment of sales and use taxes for the purchase of'taxable items described below or on the attached order or invoice. Iaescniptian ofltems (ur an attaached order or ]nv«iccl To Be 1'urcl�a�c�3: 1 claim this exemption for the fallowing reason: Name of Exempt Organization: CITY OF �jdRT V4't}R'I'I•I, TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1454000528-6 !'roject far which materials and supplies rue purchased: I undirstand that l will be liable for pa}tinent of sales lax, which may become due fir failure to comply with the provisions cif the state, city, an tnet ojuilitan transit authority sales and use tax laws and comptroller ruler regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller far taxable items which 1 know, at the time of the purchase, will be used in a mariner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. T`ax Exempt Status Due to 13einz= a G`rovetrunental Entity 1'urehaser_ CITY OF FORT WORTH, TEXr+►S Street Address: 11000 THROCKMORTON STREET �'ity, State, Zip Code: FORT, WORTH, TEXAS 76102 Sign !-Iere: t)l1Yh:tPP Date: June 11, 2009 Phone: $17�392-8517 This certificate doers dot require a numLier to be valid. Sales turd ttse tax "exemption nunnbcrs" or "tax. exempt" nunnbers dt� trot exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. 36 of41 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit F: INSURANCE PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Excitement shall meet all the following insurance requirements for this Project, naming City as an additional insured on each policy of insurance, except Workers Compensation. If Excitement subcontracts fabrication, transportation, and/or installation of the Enhancements, then Excitement shall also require its subcontractor(s) to abide by all of the following insurance requirements. Excitement shall require the subcontractor(s) to name Excitement and City as additional insureds. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit 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, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Automobile Liability $19000,000 Each accident or $250,000 Bodily Injury per person $5003000 Bodily Injury per occurrence $1009000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non -owned. For Excitement and/or Excitement's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accidentloccurrence $100,000 Disease - per each employee R5005000 Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS Thirty (30) days notice of cancellation or non -renewal. Example: "This insurance shall not be cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth, except for ten (10) days notice for non-payment of premium." Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. 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 an "occurrence basis." (If coverage is written 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 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.) 38 of 41 The deductible or self4risured 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. 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. City shall be required to provide prior notice of ninety days. 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. Exhibit G — CURRENT LIGHTING PROGRAM Lancaster Avenue of Light 2010 Special Event Light Programs DATE EVENT PROGRAM January 1 - 10, 2010 New Years Day TCU Purple January 15 —February 7 Stock Show &Rodeo Orange February 14 Valentine's Day Red/white fade February 15 President's Day Red/white/blue March 17 St. Patrick's Day Green April 22 Earth Day Green/turquoise (lake color) fade April 23 — 25 Susan Komen Event Komen Pink May 31 Memorial Day Red/white/blue July 4 Independence Day Red/white/blue Sept 4 TCU Home Game Purple Sept 6 Labor Day Red/white/blue Sept 11 TCU Home Game Purple Sept 18 TCU Home Game Purple October 9 TCU Home Game Purple October 16 TCU Home Game Purple October 23 TCU Home Game Purple October 31 Halloween Orange November 11 Veteran's Day Red/white/blue November 13 TCU Home Game Purple DATE EVENT PROGRAM November 25 Thanksgiving Orange/blue November 26 —30 December 1 December 2 - 23 December 24-25 December 26 -31 Holiday Season World AIDS Day Holiday Season Christmas Eve/Day Holiday Season White/blue Red White/blue Red/white "candy cane" White/blue (+New Year's Eve) NOTE: Additional special event dates and light programs may be added during the year at the request of the Mayor's Office, such as TCU championship game dates. On all other days of the year, the standard program is white light with a color light program on the hour. M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 9/14/2010 Official site of the City of rOrt Worth, Texas DATE: 9/14/2010 REFERENCE C-24445 LOG NAME: 20LIGHTING NO.: ENHANCEMENT CODE: C TYPE: NON� PUBLIC CONSENT HEARING. NO SUBJECT: Authorize the Execution of a Contract with Excitement Technologies, L.L.C., in the Amount of $153,823.55 for Lighting Enhancements to the Sculptures on the Lancaster Avenue Medians (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a contract with Excitement Technologies, L.L.C., in the amount of $153,823.55 for lighting enhancements to the six sculptures on the Lancaster Avenue medians, titled "Avenue of Light" by Cliff Garten Studio. This agreement includes the final design, fabrication and installation of 11 custom stainless -steel LED light fixtures and a custom - designed wireless control system for the six sculptures on the Lancaster Avenue medians, which extend from Lamar Street to east of the Main/Commerce Street intersection. Funding for this project will come from the following two sources: (1) $152,936.55 from the Public Art Fund of the Specially Funded Capital Projects Fund and (2) $887.00 from an Economic Development Initiative (EDI) Special Project grant from the U.S. Department of Housing and Urban Development (HUD), which represents the remainder of the EDI grant. DISCUSSION: The City commissioned the "Avenue of Light" as part of the Lancaster Avenue streetscape improvement project to increase pedestrian activity and spur mixed -use development along the Lancaster corridor. However, since unveiling the "Avenue of Light" in June 2009, community feedback has indicated that the current level of lighting insufficiently illuminates the sculptures at night. To promote the integrity of the "Avenue of Light" and enhance its artistic expression, various solutions were explored and tested on site over the course of the past year. On May 12, 2010, the Fort Worth Art Commission formally recommended Excitement Technologies, L.L.C.'s proposal to custom design, fabricate and install 11 LED fixtures that will achieve the desired light output based upon the on -site mock-up of May 5, 2010 and community stakeholders' positive reaction The Fort Worth Art Commission has determined this solution to be the most effective in terms of providing the desired level of illumination, as well as being the most energy -efficient and affordable option. Each custom stainless -steel light fixture will be approximately 30 inches in height and will contain 80 LED noAes focused on the sculptures for even illumination. Excitement Technologies, L.L.C., will install two fixtures per sculpture -one on each side of each sculpture approximately 25 feet away from the pedestals with the exception of the sculpture just east of the Main/Commerce intersection where only one fixture will be installed on the east side due to site constraints on the west side). These new fixtures will be tied into the existing LED lighting system to provide an exponentially greater level of illumination. In addition, Excitement Technologies, L.L.C., will install a custom -designed wireless control system, which will allow for greater color programming flexibility. Upon execution of the contract and receipt of its first payment, Excitement Technologies, L.L.C., anticipates completing the project in Fall 2010. VIM/BE-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. BACKGROUND: http://apps.cfwnet.org/council�acket/mc review.asp?ID=14026&councildate=9/14/2010 10/6/2010 M&C Review Page 2 of 2 The "Avenue of Light" is composed of six Art Deco -inspired sculptures, 36 feet in height and built of laser - cut stainless -steel plates set approximately three inches apart in order to be transparent during the day, allowing the National Register -listed historic T & P Terminal, T & P Warehouse and U.S. Post Office to dominate the streetscape by day. The installation included an integral, programmable LED lighting system that was intended to fill the sculptures with light at night. Although Cliff Garten Studio installed the best commercially available LED fixtures on the market at the time and within budget, the effect did not meet community expectations. Mr. Garten has been involved in seeking the best solution to increase the level of illumination and concurs with the selection of Excitement Technologies, L.L.C.'s proposal. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund and the Grants Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 20 Lighting Enhancement Map Public Arts.pdf FROM Fund/Account/Centers C291 541200 039980037880 $152,936.55 GR76 541200 006206164010 887.00 Fernando Costa (6122) William Verkest (7801) Martha Peters (298-3025) http://apps.cfwnet.org/council�acket/mc review.asp?ID=14026&councildate=9/14/2010 10/6/2010