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HomeMy WebLinkAboutContract 29528 CITY SECRETARY CONTRACT NO. AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DAVID NEWTON This Agreement, entered into this :�_e day of , 2004, by and between the CITY OF FORT WORTH, a mun.icip corporatio , ocated in Tarrant County, Texas, (the "City") acting by and through its duly authorized City Manager or his designee and DAVID NEWTON (the "Artist"), residing at 4764 Memphis Street, Dallas, TX 75207. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this AGREEMENT on its behalf. WHEREAS, a group of Fort Worth citizens belonging to the local Charro Association has organized for the purpose of commissioning a bronze equestrian sculpture to commemorate the historic Mexican Vaquero (the "Work") for placement at a city-owned site along North Main Street in Fort Worth, Texas; and, WHEREAS, the aforementioned citizens group (the "Vaquero Committee") composed of Judge Manuel Valdez (Chairman), Juan de Leon, Manuel Lopez, Able Sanchez has joined with artists David Newton, Thomas Bustos and Robert Cortez and together have developed a conceptual design; and, WHEREAS, the Vaquero Committee has met with community leaders and city officials to gain consensus on the conceptual design and site for the Work at the traffic triangle to be created at the northwest intersection of North Main Street and Central Avenue (the "Site") as part of a streetscape improvement project along North Main Street currently being designed by Kimley-Horn &Associates, Inc. (the"Project Consultant"); and, WHEREAS, the Fort Worth Art 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, II� 1 1 I 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 to set aside $95,000 from the Specially Funded Capital Projects Fund for the construction of the Work; and, WHEREAS, the Vaquero Committee has committed to raising matching funds for the construction of the Work (see Memorandum of Understanding attached hereto as Exhibit "A"); and WHEREAS, the Vaquero Committee has designated David Newton (the "Artist") as the lead artist for the purposes of contracting with the City of Fort Worth; WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Work, NOW, THEREFORE, the 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 SCOPE OF SERVICES 1.1. General. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary for aesthetic review of the Work, including proposed design elements containing educational text and donor recognition for approval by the City. b. Artist shall work closely with the Vaquero Committee to insure the final design of the Work is a historically accurate representation of a Mexican vaquero circa 1890 and to insure that Artist's desi aafor el ellts 21 : :: �=_.... containing educational text and donor recognition are of the appropriate dimensions and placement within the site. C. Artist shall collaborate with the city's Project Consultant and city staff on design of the Site, including providing information about the final dimensions and weight of the sculpture in a timely fashion to allow the Project Consultant to engineer the base specifications for the bronze sculpture, as well as placement of proposed design elements containing educational text, donor recognition, lighting, landscaping and hardscaping. d. Artist shall provide written maintenance recommendations for the sculpture to the Contract Manager. e. Artist shall present his final clay maquette to the City for review and approval prior to casting. f. Artist shall participate in one public education program, at the request of the Contract Manager. 1.2. Proposal Selection. City and Artist acknowledge that the Artist's Preliminary Proposal, attached hereto as Exhibit "B," as reviewed and recommended by the Fort Worth Art Commission is the basis for executing this design services Contract with the Artist. 1.3 Budget Total Artist's finished design shall include a budget for the complete fabrication, delivery and installation of the Work for a total estimated to be ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($185,000); however, the total amount may be adjusted based upon the written foundry estimate obtained by Artist during the design phase; the cost of any design elements that would contain educational text and donor recognition; and any proposed facade treatment for the base, and/or basic hardscaping, landscaping and lighting over and above that which may be included in the City's budget for the North Main Street Improvement Project. It is understood that any71he requirements over and above the $95,000, which the City has appropriated f 3 construction and installation of the sculpture shall be the responsibility of the Vaquero Committee to raise. 1.4. Design Review. a. Within two (2) months after the execution of this Agreement, the Artist shall prepare and submit to the City the following: 1. One (1) 14 inch final clay maquette ready for casting; and, 2. Conceptual drawing(s) of design elements that would contain educational text and donor recognition for approval of the City. b. Within four (4) months after the execution of this Agreement, the Artist shall prepare and submit to the City the following: 1. Detailed final design drawing(s) for all elements of the Work [including proposed design elements that contain educational text and donor recognition] that shows its size and placement in relation to the site; and, 2. Three (3) - 14 inch maquette sculptures, which shall be resin casts (one shall be retained and owned by the City of Fort Worth for possible public display, one shall be retained by the Artist as a working model, and one shall be retained by the Vaquero Committee for use in fund-raising); and, 3. Written narrative description of the final design, specifications and placement, including design elements that would contain educational text and donor recognition, maintenance requirements, and a detailed final budget estimate. C. The City may require the Artist to make such revisions to the Design as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any govenunental regulatory agency having jurisdiction over the City Facility for reasons of safety and security. d. The City may also request revisions to the Design for other practical, non-aesthetic, reasons. 4 e. The Artist's fee shall be equitably adjusted for any increase or decrease in the Artist's cost of or time required for, performance of any services under this Agreement as a result of revisions made under this Section 1.4. Any claim of the Artist for adjustment under this Section must be asserted in writing within thirty (30) days of the date of the revision by the Artist. f. Within thirty (30) days of its receipt of the Artist's submission pursuant to this Section 1.4., the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Design. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Design. g. If the aforementioned submission or any required revision is disapproved by the City, the Artists shall have thirty (30) days to resubmit the materials in conformance with the City's requirement. h. If resubmitted materials are not approved by the City this contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1. i. If the Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services. Once the Vaquero Committee has raised private matching funds, negotiations for fabrication, delivery and installation of the Work shall commence, subject to formal acceptance of the funds by the Fort Worth City Council. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of TWENTY-FIVE THOUSAND DOLLARS ($25,000), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The feeaid-in- following installments, expressed as percentages (or portions) of su h fixed fee, each7. 5 installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Fifty percent (50%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with the Vaquero Committee, the City and its consultants. b. Thirty percent (30%) within thirty (30) days after the City notifies the Artist of its approval of the final clay maquette ready for casting and conceptual drawing(s) of design elements containing educational text and donor recognition (see Section 1.4.a.). C. Twenty percent (20%) within thirty (30) days after the City notifies the Artists of its approval of detailed design drawings, delivery of cast resin maquettes and other items required under Section 1.4.b. 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. The City shall supply Artist 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 "C". 2.3. Artists' Expenses. The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance on submissions to the City, subcontractor costs of the Artist and the costs of all travel by the Artist. ARTICLE 3 REPRODUCTION RIGHTS 3.1. General. The Artist retains all reproduction rights under the Copyright Act of 1975, 17 U.S.C. §§ 101 et. seq., and all other rights in and to the Work. 6 3.2. Artist's Address. The Artist shall notify the City of changes in address. 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. ARTICLE 4 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The 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 the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 5 CONTRACT MANAGER The Contract Manager for this Agreement shall be the Arts Council of Fort Worth & Tarrant County, Inc., acting through its designated Public Art Director. ARTICLE 6 MISCELLANEOUS 6.1. Compliance. The Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of the Artist services under this Agreement. 6.2. 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. 6.3. 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 the City. 6.4. 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. 6.5. Governing Law and Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 6.6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors and permitted assigns. ARTICLE 7 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: s CArY 1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST David Newton 4764 Memphis Street Dallas, TX 75207 9 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH By: City Manager or his Designee ATTESTED BY Printed Name aARTIST Contract Authoriz�ti n Date �r Printed Name APPROVED AST 0 FORM: ssistant City Attorney 10 Memorandum of Understanding for Funding of Public Art Work Between the City of Fort Worth, Arts 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 Tarrant and Denton Counties,Texas,(the"City")acting by and through its duly authorized City Manager or his designee and the ARTS COUNCIL OF FORT WORTH& TARRANT COUNTY, 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 aforementioned 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 contracting with the City of Fort Worth for the design and subsequent fabrication and installation of the sculpture;and, WHEREAS,the Vaquero Committee has met with community Leaders and city officials to gain consensus on the conceptual design and site for the Work at the traffic triangle to be created at the northwest intersection of North Main Street and Central Avenue(the"Site")as part of a streetscape improvement project along North Main Street currently being designed by Kimley-Horn&Associates, Inc. (the"Project Consultant"); and, WHEREAS,the Fort Worth Art 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, EXHIBIT"A" t'1 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 from 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 construction of the Work, including elements containing educational text and donor recognition; and, WHEREAS,the City of Fort Worth 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 for 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!y. a. The City has allocated $95,000 for the construction of the Vaquero Sculpture, as well as$5,000 in design fees to Kimley-Horn&Associates, Inc. for site design and coordination with lead artist David Newton. In addition,the City shall allocate$25,000 for design work to lead artist David Newton for design development of the sculpture,production 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 final design, the City agrees to display one resin maquette in a publicly accessible city-owned building along with information about the project. The public shall be directed to the Vaquero Committee for further information and/or to donate funds. 2 � 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 Artwork 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 Contract 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 further 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 donor recognition,fagade treatment for the base of the sculpture and any enhancements over and above the basic hardscaping, landscaping and lighting,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 through 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 execution of this Memorandum of Understanding. At the end of the one (l)year? period,the City,the Arts Council and the Vaquero Committee shal I assess the progress 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 Vaquero 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 APPR ED AS TO FORM By: By: Libby Watson Carla S. Cook Assistant City Manager Assistant City Attorney ARTS COUNCIL OF FORT WORTH &TARRANT COUTY Flora Maria President VAQUERO COMMITTEE, as individuals: dge uel V dez J e M uel Lopez, II Abel Sanchez - -r 10 - 15 - 03 Proposal for Design Phase of Fort Worth Vaquero Sculpture Project This constitutes a proposal to produce a maquette of a Vaquero equestrian sculpture along with a basic overall concept design for its pedestal and immediate surrounding area. This phase will consist of the following: 1. A 14"maquette sculpture (three resin casts will be made one to be presented to the client, one working model for the artists and one to be part of an architectural model). 2. Concept drawings of sculpture pedestal and immediate surrounding area (includes color scheme, material recommendations, paver patterns, basic landscaping, etc.). 3. Architectural model of pedestal and immediate surrounding area suitable for public display (to a scale that will accommodate maquette). 4. Design drawing of pedestal's plaque relief. This will include relief sculpture, short history of Vaquero, and basic project information (all verbiage to be supplied by client). The above items will be produced in close consultation with the client and the community. During this phase the design team will make itself available for client and community meetings/presentations. The cost of producing the above will be $30,000 To begin the design phase in an initial payment of$20,000 would be required with the remaining$10,000 to be paid upon delivery and approval of the above items. The design phase will take an estimated three months to complete. Thank you for your consideration of this proposal. Our team looks forward to working with you and the City of Fort Worth for the successful completion of this important project. Sincerely, David S. Newton = Design Team Leader `=' ` EXHIBIT"B" S 1 '+ lit T ,r FORT WORTH TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items (or an attached order or invoice) To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules 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 for taxable items which I know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth, Texas 76102 �Z`Sign Here: Date: d,2 03 Phone: (817) 871-8517 Jades R.Keyes,Director Finance This certificate does not require a number to be valid. Sales and use tax "exemption numbers" or"tax exempt" numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. �r n • � EXHIBIT r�C3 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 of the sculpture, create 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. T.nansme- 0?V A(IT TPP 0 D^ 1 , F ) FWAC 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 Worth (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 No. 2 to City Secretary Contract 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 FROM Fund/Account/Centers GC35 539120 002002001000 $25.000.00 GC35 539120 002002002000 $95.000.00 Submitted for Cily Manager's Office b Libby Watson (6199) Originating Department Head: Libby Watson (6199) Additional Information Contact: Marisol Trevizo (6 01) T,nunsme- fI?.V AOTTFRn