HomeMy WebLinkAboutContract 29484CITY SECRETqF�Y�
CONTRACT Np ,
Memorandum of Understanding for Funding of Public Art Work
Between the
City of Fort Worth,
Ai-ts Council of Fort Worth and Tarrant County,
And the Vaquero Committee
This Memorandum of Understanding is between the CITY OF FORT WORTH, a home rule
municipal corporation, situated in Tan•ant and Denton Counties, Texas, (the "City") acting by and through
its duly authorized City Manager or his designee and the ARTS COLTNCIL OF FORT WORTH &
TARRANT COLTNTY, Inc., a private not-for-profit corporation (the "Arts Council"), and the VAQUERO
COMMITTEE (the "Vaquero Committee") composed of Judge Manuel Valdez (Chairman), Juan de Leon,
Manuel Lopez, III, and Abel Sanchez.
WHEREAS, a group of Fort Worth citizens has organized for the purpose of commissioning a
bronze equestrian sculpture to commemorate the historic Mexican Vaquero (the "Project") for placement at
a city-owned site along North Main Street in Fort Worth, Texas; and,
WHEREAS, the afarementioned citizens group (the "Vaquero Committee") composed of Judge
Manuel Valdez (Chairman), Juan de Leon, Manuel Lopez, III, and Abel Sanchez has join with artists David
Newton, Thomas Bustos and Robert Cortez and together have developed a conceptual design; and,
WHEREAS, the Vaquero Committee has designated David Newton (the "Artist") as the lead artist
for the purposes of conh�acting with the City of Fort Worth for the design and subsequent fabrication and
installation of the sculpture; and,
WHEREAS, the Vaquero Conunittee has met with community leaders and city officials to gain
consensus on the conceptual design and site for the Wark at the traffic triangle to be created at the
noirthwest intersection of Notrth Main Street and Central Avenue (the "Site") as part of a streetscape
improveinent project along North Main Street currently being designed by Kimley-Horn & Associates, Inc.
(the "Project ConsultanY'); and,
WHEREAS, the Fort Worth Ai-t Commission has reviewed the Vaquero Committee's conceptual
design and proposed site and has made a favorable recommendation to City Council and has further
recommended that $25,000 in public art funds be allocated for design development of the sculpture and site
design coordination with the Project Consultant; and,
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WHEREAS, on November 11, 2003, Fort Worth City Council approved Ordinance No. 15743,
which authorized a contract amendment with the Project Consultant to include redesign of the site
identified for the placement of a Vaquero sculpture and an allocation of $5,000 for design work associated
with the sculpture and to set aside $95,000 fi•om the Specially Funded Capital Projects Fund for the
construction of the Work; and,
WHEREAS, the Vaquero Committee has agreed to make a concerted effort to raise matching
funds for the consh�uction of the Work, including elements containing educational text and donor
recognition; and,
WHEREAS, the City of Fort Warth and the Arts Council of Fort Worth & Tarrant County and the
Vaquero Committee desire to set forth the roles and responsibilities of each entity in order to insure the
successful completion the Vaquero Sculpture Project in a timely fashion,
NOW, THEREFORE, the City, the Contract Manager and the Committee far and in consideration
of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledges,
agree as follows:
SECTION I
ROLES AND RESPONSIBILITIES
1.1 The Ci .
a. The City has allocated $95,000 for the construction of the Vaquero Sculpture, as well as $5,000 in
design fees to Kimley-Ho�n & Associates, Inc. for site design and coordination with lead airtist David
Newton. In addition, the City shall allocate $25,000 for design work to lead artist David Newton for design
development of the sculpture, pi•oduction of 3 resin maquettes and coordination with Kimley-Horn on site
design, all subject to City Council approval.
b. In addition to the cash investments totaling $125,000, the City shall provide real property as the
site for the sculpture and shall provide much of the site work, including an basic engineered reinforced
concrete base for the sculpture, as well as basic hardscaping, landscaping, and lighting for the sculpture.
c. Upon the city's approval of the artist's imal design, the City agrees to display one resin maquette
in a publicly accessible city-owned building along with infoimation about the project. The public shall be
directed to the Vaquero Committee for further information and/or to donate funds.
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d. Once the Vaquero Committee has raised sufficient funds for the commission of the sculpture,
including elements containing educational text and donor recognition, the City shall prepare a Mayor &
Council Communication to request City Council to accept such funds and to authorize negotiation of the
Ariwork Commission Contract with lead artist David Newton.
1.2 The Arts Council.
a. The Arts Council is responsible for managing the City of Fort Worth's Public Art Program. The
Arts Council's Public Art Director shall act as contract manager for the Artwork Design and subsequent
Artwork Commission Conh•act with the lead artist David Newton, including matters pertaining to contract
compliance and payments. In addition, the Public Art Director shall act as liaison between the Artist(s) and
the City, and its project consultant for the North Main Street Improvement Project, Kimley-Horn &
Associates, Inc., and the Fort Worth Art Commission.
b. The Arts Council shall not be responsible for raising funds for the Project.
c. Upon the city's approval of the artist's final design, the Arts Council agrees to display a visual
image on the Fort Worth Public Art website (www.fwpublicart.org) with information about the project.
The public shall be directed to the Vaquero Committee for fuirther information and/or to donate funds.
1.3 The Vaquero Committee.
a. The Vaquero Committee is responsible for researching and working with the lead artist to insure
that the final design of the Project is historically accurate representation of a Mexican vaquero circa 1890.
b. The Vaquero Committee, working with the lead artist, shall research and draft educational text
and insure its accuracy and shall draft donor recognition text for elements which may be proposed as part
of the lead Artist's final design.
c. Raising funds for the sculpture, including elements containing educational text and donoi•
recognition, fa�ade treatment for the base of the sculpture and any enhancements over and above the basic
hardscaping, landscaping and lightulg, which may be included in the City's budget for the North Main
Street Improvement Project, and over and above the $95,000 committed by the City shall be the task of the
Vaquero Committee. It is understood that at least $95,000 in matching funds is required; however, the total
amount required is dependant upon the final budget provided by the lead Artist tivough his Artwork Design
Contract with the City.
d. The Vaquero Committee shall use its best efforts to raise the funds needed for the Project within
one (1) year of the date of eaecution of this Memorandum of Understanding. At the end of the o� e,{��,�� ,, � � � ��,��: �-�� �,�
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period, the City, the Arts Council and the Vaquero Committee shall assess the progi•ess of the fundraising
efforts and may negotiate an extension to this Memorandum of Understanding, if necessary.
e. It is understood that the individuals comprising the Vaquei•o Committee shall not bear any
personal liability as a result of signing this Memorandum of Understanding.
EXECUTED in the City of Fort Worth, this _�� day of 2004.
CITY OF FORT WORTH APPROVED AS TO FORM
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Libby Watson '
Assistant City Manager
ARTS COUNCIL OF FORT WORTH & TARRANT COUTY
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Flora Maria G , President
VAQUERO COMMITTEE, as individuals:
nuel Lopez I
Abel Sanchez
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Carla S. Cook
Assistant City Attorney
A1TE�TED B�
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CU�tract- Authorization
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/20/2004
DATE: Tuesday, January 20, 2004
LOG NAME: 02VAQUERO REFERENCE NO.: **C-19935
SUBJECT:
Artwork Design Contract, and Upon Design Approval and Receipt of Private Matching Funds, a
Subsequent Artwork Commission Contract with David Newton for a Bronze Equestrian Sculpture
Depicting a Mexican Vaquero for the Traffic Triangle to be Created at North Main and Ellis Streets
as Part of the North Main Streetscape Improvement Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an Artwork Design contract with David Newton for design of a
sited bronze equestrian sculpture depicting a Mexican Vaquero for the traffic triangle to be created at North
Main and Ellis Streets as part of the North Main Streetscape Improvement Project, in an amount not to
exceed $25,000 from the Public Art Program Funds in the Specially Funded Capital Projects Fund; and
2. Authorize the City Manager to enter into a subsequent Artwork Commission contract with David Newton
for fabrication and installation of the sited bronze equestrian sculpture depicting a Mexican Vaquero, upon
the City's approval of the final design and receipt of private matching funds for the $95,000 previously
appropriated by the City of Fort Worth.
DISCUSSION:
The Artwork Design contract will enable David Newton, the artist, to develop his design concept and ensure
historical accuracy ofi the sculpture, creafie a maquette, and collaborate with Kimley-Horn & Associates on
design of the site and base for the sculpture, including engineering, paving, landscaping, lighting, etc. It is
anticipated that much of the site work will be incorporated into the construction documents for the North
Main Streetscape Improvement Project.
On November 5, 2003, the Fort Worth Art Commission (FWAC) recommended that $25,000 in public funds
be allocated for the Artwork Design contract with David Newton. In addition, the FWAC recommended the
City of Fort Worth accept the sculpture for placement at the traffic triangle to be created at North Main and
Ellis Streets as part of the North Main Streetscape Improvement Project. Their action was based upon a
presentation of the Vaquero Committee and the artist. The Fort Worth Public Art Master Plan recommends
that a special public art neighborhood fund be established that would allow community groups to generate
projects of neighborhood significance for which FWAC would recommend allocations of up to $25,000. This
project affords FWAC the opportunity to pilot this concept in preparation of a formal application process for
future community-initiated public art projects. This project is also consistent with recommendations
contained in the Fort Worth Public Art Master Plan, including building on the legacy of existing public art
and making public art inclusive of all cultures and histories. With the current development of North Main
and the Mercado, this is an ideal time for this public artwork to be realized and integrated into the
streetscape.
Logname: 02VAQUERO Pa�e 1 �f 2
F'JVAC considers this public art project to be a partnership with the community, and understands that the
Vaquero Committee will be responsible for raising matching funds for the $95,000 previously appropriated
by the City of Fort Wo�th (see background below). The total budget for design, fabrication and installation
of the sculpture is estimated at $210,000.
Background
For many years, citizens on the north side of Fort Worth have envisioned a bronze equestrian sculpture
honoring and celebrating the Mexican Vaquero's role in the history and economic development of Fort
Worth. In recent months, a group of individuals involved with the Charro Association indentified a team of
local artists including David Newton, Thomas Bustos, and Robert Cortez, and began developing a design
concept. On September 18, 2003, the group met with staff from the Arts Council of Fort Worth and Tarrant
County and a member of the Fort Worth Art Commission to discuss how to move this project forward. On
October 15 and 30, 2003, meetings were held with North Main Street Corridor stakeholders, City and Arts
Council staff, and a representative of Kimley-Horn & Associates to reach consensus on the concept and
location.
On November 11, 2003 (M&C C-19846), the City Council adopted Ordinance No. 15743 to appropriate
$95,000 from the Specially Funded Capital Projects Fund for the construction of a public art sculpture, in the
North Main Street corridor. The same Mayor and Council Communication authorized Amendment.Na 2 to
City Secretary Confract No. 24975 with Kimley-Horn & Associates, Inc. for additional design services,
including $5,000 for redesign of the site identified for the placement of a Vaquero sculpture, which is a
traffic triangle at the intersection of North Main and Ellis Streets.
David Newton is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE
participation of the Commission hard cost.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Specially Funded Capital Projects Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head•
Additional Information Contact:
FROM Fund/AccountlCenters
GC35 539120 002002001000
GC35 539120 002002002000
Libby Watson (6199)
Libby Watson (6199)
Marisol Trevizo (6101)
$25.000.00
$95.000.00
Logname: 02VAQUERO Pa�e 2 �f 2