HomeMy WebLinkAboutOrdinance 23697-06-2019 Ordinance No.23697-06-2019
AN ORDINANCE ADJUSTING APPROPRIATOINS IN THE SPECIALLY FUNDED
CAPITAL PROJECTS FUND BY INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE FWPA MONTGOMERY STREET PROJECT BY $10,000.00
AND DECREASING AVAILABLE UNSPECIFIED FUNDS BY THE SAME AMOUNT, FOR
THE PURPOSE OF FUNDING PURCHASE, DELIVERY, INSTALLATION AND
CONTIGENCIES FOR ARTWORK; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That those amounts allocated to the various City departments for Fiscal Year 2018-2019 in the Specially
Funded Capital Projects Fund Budget of the City Manager shall be adjusted as follows:
• Increasing the FWPA Montgomery Street project by $10,000.00 and decreasing available
Unspecified funds by the same amount,for the purpose of funding purchase, delivery, installation and
contingencies for artwork.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 23392-09-2018 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVEP'AS TO FORM AND LEGALI Y: CITY SECRET ARY
Assistant C y Atto ne Mary J. Kays
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ADOPTED AND EFFECTIVE: June 18. 2019
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
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Complete No&1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF RUNG
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-476818
Locke Surfs LLC
Carbondale,CO United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form Is 04/15/2019
being filed.
City of Fort Worth Date Acknowledged.
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Purchase Agreement
Nine Flowers
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Locke Surls LLC Carbondale,CO United States X
5 Check only If there Is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address Is
(street) (CRY) (stale) (zip code) (country)
I declare under penalty of perjury that the foregoing Is true and correct
Executed in _ County, State of on the day of_ , 2t?
(month) (year)
Signature of authorized agent of contracting business entity
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.391`8039c
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-490854
Displays LLC
Arlington,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/14/2019
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
50758
Installation and transit of artwork
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party, ❑
X
6 UNSWORN DECLARATION W t •�.ri..r���"
My name is aC04Y-)T-- r and my date of birth is
IF
My address is LQ16 i nu T Q.r1►r� � �,
(street) (state) (zip code) (country)
I declare under penalty
�of,perjury that the foregoing is true and correct.
Executed in JU-1 00 g.r — County, State of on the day of ,20J9—.
(month) (year)
Signature of authorized agent of contracting ness entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/18/2019 - Ordinance No. 23697-06-2019
DATE: Tuesday, June 18, 2019 REFERENCE NO.: C-29157
LOG NAME: 06MONTGOMERY STREET PUBLIC ART PROJECT
SUBJECT:
Authorize Execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an Amount of
$285,300.00, for Purchase, Transportation, Insurance, and Delivery of an Existing Sculpture, Vase With
Nine Flowers, for the Northeast Corner of Lansford Lane and Montgomery Street; Authorize an Addendum
and Amendment to City Secretary Contract No. 50758 with Displays, LLC, in an Amount Up to $17,150.98
for Footing Construction, Sculpture Installation, Traffic Control, and Contingencies, for a Total Project Cost
of$302,450.98; Find that the Use of Funds for Public Art for this Project Complies with the Voted Purpose
of the Bonds and the Published Notice of Intent for the Certificates of Obligations; Accept a Gift from
Locke/Surls, LLC for the Balance of the Value of the Sculpture; and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an amount of
$285,300.00, for purchase, transportation, insurance during transit, and delivery of an existing sculpture,
Vase With Nine Flowers, for the Northeast corner of Lansford Lane and Montgomery Street;
2. Authorize an addendum and amendment to City Secretary Contract No. 50758 with Displays, LLC, in
an amount up to $17,150.98 for footing construction, sculpture installation, traffic control, and
contingencies;
3. Find that the use of the funds for public art for this project complies with the voted purpose of the bonds
and the published notice of intent for the certificates of obligations; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$10,000.00 in the FWPA Montgomery Street Project , and decreasing available funds in
Unspecified by the same amount of the Specially Funded Capital Projects Fund, after transfer of
$10,000.00 to the FWPA Montgomery Street Project from available funds for delivery, installation, and
contingencies for artwork as recommended by the Fort Worth Art Commission.
5. Accept a gift of value of$146,300.00 from Locke/Surls, LLC making the value of the sculpture
$431,300.00.
DISCUSSION:
Vase With Nine Flowers, is a 17-foot tall, free-standing sculpture with an abstracted floral motif, comprised
of bronze and stainless steel in James Surls' characteristic style. Surls is a nationally and internationally
recognized sculptor who built his career in Texas in the 1980s and 1990s. The sculpture will provide an
aesthetic and meaningful focal point along Montgomery Street, a gateway into the Cultural District, the Will
Rogers Memorial Complex, and Dickies Arena. The artist has offered the artwork as a partial gift (valued
Logname: 06MONTGOMERY STREET PUBLIC ART PROJECT Page I of 3
at $146,000.00) as he desires this sculpture be part of the City of Fort Worth's Public Art Collection.
On June 26, 2018, additional 2007 Critical Capital Needs Funds were appropriated for a project in this
vicinity through M&C G-19323, which brought the total project budget to $324,508.00. The City contracted
with an artist to complete a preliminary design for the artwork in the area, but the preliminary design was
not approved by the Fort Worth Art Commission (FWAC). The amount deducted from the project budget
for the preliminary design contract was $22,825.51.
On July 9, the FWAC approved a process to select and acquire a sculpture by James Surls, through
Locke/Surls, LLC, a major artist who built his career in Texas and whose work fits the character of the
Cultural District. This approach maximizes the impact of the remaining project budget by eliminating
additional artist selection and design fees and insures project completion prior to the opening of Dickies
Arena. A Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a
recommendation of one sculpture from the three that were offered, and on September 10, 2018, the
FWAC approved Vase With Nine Flowers.
The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the
Fort Worth City Council on November 6, 2018, as M&C G-19412. The total remaining project budget was
$292,450.98 after deducting the preliminary artist fees and other contract management expenses totaling
$9,231.51. An additional $10,000.00 is required to cover some of the installation costs and provide for
contingencies.
Funding for the prior project in this vicinity was allocated from the 2007 Critical Capital Needs and the
2004 Bond Program, Proposition 1, based on the project's location and relationship to capital
improvements that had been funded from those sources; staff recommends that City Council find the use
of those funds for this project at this location similarly complies with the voted purpose of the bonds and
the published notice of intent for the certificates of obligations.
Since the artist is unable to oversee installation, staff recommends that the installation of the sculpture be
handled by Displays, LLC, a local company currently under a multi-year agreement with the City to provide
professional art handling services. Displays, LLC, has experience with large-scale sculptural installations.
PROJECT CONTRACTS ,BUDGET [CONTRACTS
Locke/Surls, LLC- Sculpture [$285,300.00 This M&C
acquisition and transit costs
Footing construction, sculpture
installation, traffic control and $ 17,150.98 This M&C
contingencies
TOTAL 1$302,450.98
FUNDING SOURCES AMOUNT
�2007 Critical Capital Needs $201,057.00
12004 Bond, Proposition 1 �� $ 91,393.98
Specially Funded Capital Projects Fund $ 10,000.00
j TOTAL 1$302,450.98
M/WBE OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of
Logname: 06MONTGOMERY STREET PUBLIC ART PROJECT Page 2 of 3
total capital project dollars expended on public art annually.
FWAC Action -- On July 9, 2018, the FWAC approved a process for purchasing an existing sculpture by
James Surls; a Curatorial Committee comprised of Cultural District Stakeholders was tasked with making
a recommendation of one James Surls sculpture from the three that were available, and on September 10,
2018, the FWAC approved the Curatorial Committee's recommendation of the Artist's Vase With Nine
Flowers.
Mayor Pro Tem Dennis Shingleton concurs with the FWAC's recommendation to proceed with purchase,
transportation, delivery, and installation of the artwork Vase With Nine Flowers for the Montgomery Street
Public Art Project.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon the approval of the above recommendation, funds will be
available in the current capital budget, as appropriated, in the 2004 Bond Program and 2007 Critical
Capital Needs and from the Specially Funded Capital Projects Fund. Prior to an expenditure being
incurred, the participating department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
7��partinent ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (6122)
Originatina Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (8172983025)
Logname: 06MONTGOMERY STREET PUBLIC ART PROJECT Page 3 of 3