HomeMy WebLinkAboutContract 39836CITY SECRETARY
CONTRACT NO2t3
DESIGN TEAM AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
NAVARETTE STUDIO, LLC
FOR A PUBLIC ART MASTER PLAN AND CONCEPTUAL
DESIGN OF PUBLIC ART
This Agreement, entered into to be effective as of the Pt day of January, 2010
("Effective Date"), by and between the CITY OF FORT WORTH, a municipal
corporation, of the State of Texas, (the "City") acting by and through Fernando Costa, its
duly authorized Assistant City Manager and Navarette Studio, LLC (the "Artist"), acting
by and through its members, Juan Navarette and Patricia Navarette. City has designated
the Arts Council of Fort Worth and Tarrant County, Inc. (the "Contract Manager") to
manage this Agreement on its behalf. The Contract Manager shall act through its Public
Art Project Manager, Alida Labbe.
WHEREAS, City is implementing the Fort Worth Public Art Program pursuant to
the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, (the
"City Code"), in order 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; and,
WHEREAS, on December 5 - 7, 2007, a Conceptual Public Art Design Charette
for West Rosedale Street / East Rosedale Street and the Guinn School Plaza, said plaza
shown on the map attached hereto and made apart hereof for all purposes as Exhibit "A",
facilitated by Fort Worth Public Art, in which the Artist participated along with U.
Crosby, Ann Ekstrom and Jarrel Susaita (the "Charette Artists"), resulted in preliminary
recommendations and thematic approaches for public art and design enhancements for
the Guinn School Plaza; and,
WHEREAS, City desires to have the recommendations and approaches compiled
into a public art master plan document for East Rosedale as a guide for future
implementation; and,
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OFFICIAL ktCORD
CITY SECRETARY
FT. WORTH, TX
WHEREAS, City has set aside funds to commission public art in conjunction with
the East Rosedale streetscape and Guinn School Plaza from the 2004 CIP (Capital
Improvement Program) and the 2007 Certificates of Obligation Sale for Critical Capital
Needs and Public Art Funds; and,
WHEREAS, the Fort Worth Art Commission has recommended this project as
part of its Fiscal Year 2009 Annual Work Plan, which City Council approved September
30, 2008 (M&C C-23101); and,
WHEREAS, City and Artist wish to set out the terms and conditions for Artist's
(i) creation of a public art master plan for East Rosedale Street from Main Street to I-
35W ("East Rosedale Corridor"), (ii) collaboration on the design of the Guinn School
Plaza, and (iii) identification of artwork opportunities at the Guinn School Plaza
(collectively, 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:
ARTICLE 1
EAST ROSEDALE PUBLIC ART MASTER PLAN
SCOPE OF SERVICES AND DELIVERABLES
1.1 Scope of Services.
a. Artist shall create a public art master plan document for the East Rosedale Corridor
based upon the ideas and recommendations developed during the Conceptual Public
Art Master Planning Workshop of December 5-7, 2007, a summary of which is
attached as Exhibit "B", including but not limited to:
i. Original and refined conceptual sketches illustrating prototypical public art
and design enhancements for the East Rosedale Corridor.
ii. A bubble diagram overlay to the plan of City's project consultant ("Project
Consultant") to reflect locations of placement of specific types of public art
and design enhancements.
iii. Narrative text describing the recommendations and thematic approaches for
the East Rosedale Corridor along with budget estimates.
b. Artist shall seek input from the Charette Artists, community stakeholders and City
officials and staff, as appropriate.
c. Artist may use consultant support, as determined by Artist, at no additional expense
to the City.
d. Artist shall make a minimum of one (1) trip to Fort Worth in order to present the final
master plan to community stakeholders, City officials and the Fort Worth Art
Commission on mutually agreed upon date.
1.2 Master Plan Deliverables and Public Art Director Responsibility.
a. Artist shall perform the services and furnish all supplies, materials and equipment
necessary to complete the East Rosedale Public Art Master Plan and provide certain
deliverables as set forth in this Section 1.2.a.i.-iv. (collectively the "Master Plan
Deliverables") for City approval within two (2) months of the execution of this
agreement:
i. East Rosedale Pubhc Art Master Plan
1. Refine conceptual sketches, as may be necessary, to illustrate prototypical
streetscape elements reflecting the theme.
2. Finalize a bubble diagrams as an overlay to the Project Consultants' existing
streetscape improvement plans, indicating recommended locations for
various types of public art / design enhancement.
3. Public Art Master Plan Narrative describing• (1) East Rosedale Street
context; (2) Recommended thematic approaches for public art / design
enhancements; (3) Recommended types of public art/design enhancement
elements, including, media, and locations; (4) Estimated budget ranges for
recommended elements; (5) Prioritization of elements; and (6) Listing of
individuals and organizations who participated in the Master Plan by giving
input, attending meetings, or any other participation.
4. Copy of Artist's PowerPoint presentation, if any
5. Four copies and the pdf file of the final Master Plan
brochure/document/drawings/diagrams.
b. All original drawings produced during the Conceptual Master Plan Charette of
December 5 — 7, 2007, shall be returned to Contract Manager for the Fort Worth
Public Art archives.
c. The Contract Manager's Public Art Project Manager, Alida Labbe, shall
constitute the Artist's primary contact person, and Artist shall be notified of any
change in the primary contact person.
d. Artist acknowledge receipt of copies of existing plans, maps, and original
drawings from the Conceptual Master Plan Charette of December 5 — 7, 2007,
from Contract Manager.
e. Deadlines for submission of Artist's deliverables may be extended by mutual
written agreement between the Artist and primary contact person.
ARTICLE 2
DESIGN TEAM COLLABORATION OF SITE DESIGN AND
IDENTIFICATIOON OF ARTWORK OPPORTUNITIES
FOR GUINN SCHOOL PLAZA
SCOPE OF SERVICES AND DELIVERABLES
2.1 Sco.e of Services
a. Artist shall collaborate with Project Consultant to determine the final Site layout,
and the design, color, size material, and texture of the design enhancements at the
Site, subject to review and acceptance by City as set forth in this Agreement.
b. Artist shall perform all services and will furnish all supplies and materials as
necessary for developing design of Site enhancements. Services shall be
performed in a professional manner and in strict compliance with all terms and
conditions in this Agreement.
c. Artist shall identify opportunities for artwork by others, including recommended
material(s), location(s), and thematic apporach.
d. Artist shall present preliminary and final site design and opportunities for artwork
in collaboration with City's project consultant to the designated community
stakeholders group, and City officials for input, and to the Fort Worth Art
Commissionfor review and approval at dates and times mutually agreed upon.
e. Artist shall meet and coordinate with Project Consultant to research the feasibility
of the design and to ensure propel integration of any design enhancements into
the Site and into the construction documents, as may be necessary.
f. Artist shall make a minimum of two (2) trips to Fort Worth for design team
meetings and presentations as indicated above.
2.2 Site Design Enhancement Deliverables
a. Within two (2) months after the execution of this Agreement, Artist shall provide
services and all supplies, materials, and equipment necessary to provide certain
deliverables, as set forth in this Section 2.2.a.i.—iv. (collectively, the " Site Design
Enhancement Deliverables") to City for approval. Art Opportunities/Plaza Site Design
Deliverables shall consist of the following:
i. Detailed design illustrations of the design enhancements for the Site; these
illustrations shall be in a digital format compatible with the project consultant,
(such as JPEG or PDF files) in a timely manner and,
ii. A finalized bubble diagram as an overlay to Project Consultants original plaza
site plan, indicating recommended locations for various types of public art by
others.
iii. A written narrative regarding plaza design enhancements describing: (1)
Design concept(s); (2) Proposed materials, fabrication and installation
methods and budget (see 2.2.a.iv. below), and,
iv. A written narrative regarding art opportunities describing: (1) Recommended
artwork location(s) on/in the Site; (2) Recommended thematic approach (3)
Recommended materials, fabrication and installation methods and It is
understood that the budget for implementation of an artwork at the Site is
estimated to be approximately EIGHTY EIGHT THOUSAND DOLLARS
AND NO CENTS ($88,000), including final design, materials, labor,
fabrication, delivery, installation, insurance, transportation, travel, and all
associated costs for the Work, as well as a fixed Artist's fee.
b. Upon completion of the Design Enhancement Deliverables, Section 2.2.a.i-iv,
Artist shall meet with City officials and community stakeholders, as appropriate, to
present the final design enhancements and art opportunities, at a date and time mutually
agreed upon, for input.
c. Artist shall present the final design enhancements and art opportunities to the
Fort Worth Art Commission for approval at a regularly scheduled meeting.
d. Upon approval, Artist shall provide the final design enhancements and art
opportunities presentation materials to the Contract Manager to become part of the City
of Fort Worth s Public Art archive.
e. Upon request by Artist, City, Project Consultant and/or project manager shall
promptly furnish all information, materials, and assistance required by Artist in
connection with said submiion to the extent such materials are available. City, upon
request, shall also provide correct scaled drawings of the Site, if available.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Fee.
City shall pay Artist a fee in the amount of TWELVE THOUSAND DOLLARS AND
NO CENTS ($12,000), which shall constitute full compensation for all services and
materials to be performed and furnished by Artist under this Agreement, inclusive of all
travel expenses for two (2) trips to Fort Worth. The fee shall be paid in the following
installments, each installment to represent full and final, non-refundable payment for all
services and materials provided prior to the due date thereof:
a. Two Thousand Five Hundred Dollars and No Cents ($2,500) upon
execution of this Agreement, recognizing that Artist have already invested
time and expense in preliminary design team coordination with the Project
Consultant and City.
b. Three Thousand Five Hundred Dollars and No Cents ($3,500) within
thirty (30) days after Artist submit "Art Opportunity/Design Enhancement
Deliverables", as required in Section 2.2.a.i.-iv. of this Agreement and
makes a presentation of the final design enhancements and art
opportunities to the Fort Worth Art Commission.
c. Three Thousand Five Hundred Dollars and No Cents ($3,500) within
thirty (30) days after A tist submit certain "Master Plan Deliverables", as
required in Section 1.2.a.i.-iii. of this Agreement and makes a presentation
of the Master Plan to the Fort Worth Art Commission.
d. Two Thousand Five Hundred Dollars and No Cents ($2,500) within thirty
(30) days after City's approval of both the Final Art Opportunities/Site
Design and the East Rosedale Public Art Master Plan.
3.2. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes
shall be due upon the Project. City shall supply Artist with the "Texas Sales Tax and
Local Sales Tax Exemption Certificate,' for use by Artist in the fulfillment of this
Agreement.
3.3. 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
and shipping charges and insurance on submissions to City, cost of all travel, and costs
for Artist's agents, consultants, and/or employees necessary for the proper performance
of the services required under this Agreement.
ARTICLE 4
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
The Work and all other work product under this Agreement shall become property of
City, without restriction on future use, except as provided below. Artist shall retain
copyright and other intellectual property rights in and to the Work. By execution of this
Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or
display the Work for any non-commercial purpose whatsoever; for purposes of this
limitation any graphic depiction or display of the Work intended to promote or benefit
City, its public services or its public purposes, 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 purpose. Notwithstanding the above limitation, Artist agrees and
understands that nothing in this paragraph shall affect or limit City's absolute,
unrestricted rights incidental to City's full ownership of the final artwork to alter, change,
modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in
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whole or in part, the final artwork when City deems it necessary 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. City agrees to
credit Artist as the creator and copyright holder when it graphically depicts or displays
the Work.
ARTICLE 5
WARRANTY
The Work shall be the original product of Artist's own creative efforts. Artist warrants
that the Work is and will be original and agrees to assume the defense of, and indemnify
and hold harmless, 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 City's use or possession of
the Work by reason of an alleged or actual copyright violation or other lack of ownership,
authorship, or originality.
ARTICLE 6
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as independent contractors, 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, its officers, agents,
employees and subcontractors, and doctrine of respondeat superior has no application as
between City and Artist.
ARTICLE 7
INDEMNIFICATION
(a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING 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, ATTEMP I'ED
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PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND
ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY
AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING 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. ARTIST LIKEWISE COVENANTS AND AGREES TO
AND DO HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS
OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVIIFES, LICENSEES, OR PROGRAM
PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Any subsequent agreements between the City and Artist relating to the Site shall
contain similar provisions to those set forth above in Section 7(a) and (b).
(d) The provisions of this Article 7 shall survive the termination or expiration of this
Agreement.
ARTICLE 8
EQUAL OPPORTUNITY
a. Artist 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. Artist
shall take affirmative action to ensure that employees are treated equally during
employment, without regard to their race, color, religion, sex, sexual orientation, national
origin, 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
apprenticeship.
b. Artist shall state in all solicitation or advertisements for employment placed
by or on behalf of Artist that all qualified applicants shall receive consideration for
employment without regard to age, disability, race, color, religion, sex, sexual
orientation, national origin, familial status, transgender, gender identity or gender
expression.
c. Artist 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.
d. In the event of Artist's noncompliance with the nondiscrimination clauses
of this Agreement, this Agreement may be canceled, terminated, or suspended in whole
or m part, and Artist may be debarred from further agreements with the City.
ARTICLE 9
MISCELLANEOUS
9.1. Compliance.
Artist shall comply with all Federal, State and City statutes, ordinances and regulations
applicable to the performance of the Artist services under this Agreement.
9.2. 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.
9.3. 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.
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9.4. 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 perfoilnance.
9.5. 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.
9.6. 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 Artist and its respective successors
and permitted assigns.
9.7. No Third -Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and
Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
9.8 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.
9.9. Force Majeure.
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war; civil commotion;
acts of God; inclement weather; governmental restrictions, regulations, or interferences;
fires; strikes; lockouts, national disasters riots; material or labor restrictions;
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transportation problems, or any other circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to
such design or construction requirement shall be extended for a period of time equal to
the period such party was delayed.
9.10. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the noiinal 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.
9.11. Fiscal Funding Out.
If for any reason, at any time during any term of this Agreement, the 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 (i) thirty (30) days following
delivery by City to Artist of written notice of 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.
9.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
9.13. Artist's Address.
Artist shall notify Contract Manager of changes in address.
9.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of Artist.
9.15 City's Right to Complete.
In the event of the death or legal incapacity of Artist, City shall have the right to complete
the Work and shall give credit to Artist, as appropriate.
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9.16. Right to Audit.
Artist agree that City will have the right to audit the financial and business records of
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. Throughout the Term of this Agreement and for three (3) years thereafter
the Artist shall make all Records available to City on 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 8.16 shall
survive expiration or earlier termination of this Agreement.
9.17. 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 City under City's M/WBE ordinance.
ARTICLE 10
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: Fernando Costa, Assistant City Manager
City Manager s Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies to:
Leann Guzman, Assistant City Attorney
Law Department
1000 Throckmorton Street
Fort Worth, TX 76102
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2. ARTIST
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
Juan and Patricia Navarrete
Navarrete Studio, LLC
P. O. Box 2251
Taos, NM 87571
[SIGNATURES APPEAR ON THE FOLLOWING PAGE ]
IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
APPROVED AS TO FORM:
) /4)7)
Leann D. Guzman
Assistant City Attorney
41./L-
1'40 Wi8L-C: 1REC)UKRED
CITY OF FORT WORTH
'Iere-td•«4•••sdrC•ttZ--f
Fernando Costa
Assistant City Manager
NAVARRETE STUDIO, LLC
Juan Navarette, Partner
Navarrete Studio, LLC
Patricia Navarette, Partner
Navarrete Studio, LLC
ATTESTED BY:
Marty Hendrix
City Secretary
15
rirs
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A: Site
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