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HomeMy WebLinkAboutContract 61888-AD1Agreement between the City of Fort Worth and Page 1 of 9 Paul Kittelson for Public Art for Eastchase Parkway Final Design Addendum This Final Design Addendum is entered into between City and Artist this 13th day of February, 2025. WHEREAS, on August 5, 2024, the City and Artist entered into City Secretary Contract No. 61888, to develop a Preliminary Design for Public Art for the Site; WHEREAS, on December 16, 2024, the FWAC approved Artist’s Preliminary Design and recommended that the Artist develop a Final Design based on the Preliminary Design for public artwork to be incorporated into the Site; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Final Design shall be developed to promote the integrity of Artist’s ideas and statements as represented by 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 14 EFFECTIVE DATE OF FINAL DESIGN ADDENDUM The effective date of this Final Design Addendum is the date this Addendum is executed by the City. ARTICLE 15 FINAL DESIGN SCOPE OF SERVICES AND DELIVERABLES 15.1 Acknowledgment. City and Artist acknowledge that Artist’s Preliminary Design, as described and depicted in the attached Exhibit “F,” was reviewed and approved by the FWAC on December 16, 2024 and is the basis for executing this Final Design Addendum with Artist. 15.2. Final Design Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Final Design of the Work and for providing the Final Design Deliverables (see Section 15.4.). Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement. Artist shall address the feedback received during the Preliminary Design Review process from the FWAC, Project Core Team, and Project Stakeholders. c. The location at the Site on which the Work shall be installed shall be mutually agreed upon by City and Artist. Agreement between the City of Fort Worth and Page 2 of 9 Paul Kittelson for Public Art for Eastchase Parkway d.Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, siting of the Work, permitting, and accessibility, as applicable. e.Artist shall meet and coordinate with City staff, Project Consultant(s), and others, as necessary, to integrate the Work into the Site in terms of structural support, City installation requirements, or other infrastructure needs to support the Work. f.Artist shall consult with a qualified art conservator to review Artist’s design and develop written maintenance recommendations for the Work, upon request of Contract Manager. The written maintenance recommendations shall be provided to Contract Manager as soon as they are available and shall also be included in the Artist’s Final Design Deliverables (15.4). g.Artist shall present, in-person (preferred) or remotely, the Final Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders, and the appropriate City staff to obtain the FWAC’s approval at a regularly scheduled FWAC meeting. h.Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. i.To maintain the integrity of the City of Fort Worth’s public art process, for the duration of the Agreement, if Artist intends to seek their own publicity for the Work, including publication of the artwork design on Artist’s website or social media, such efforts will occur after Final Design has been approved by the FWAC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth in substantially the following form, “an original final artwork design for the City of Fort Worth, Texas.” A social media plan must be approved, in advance, by Contract Manager, and shall include the hashtag #fwpublicart. 15.3. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. 15.4. Final Design Deliverables. a.Within three months after the Effective Date of this Final Design Addendum, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 15.4. to City for approval. Final Design Deliverables shall consist of the following: i.Detailed design illustrations for the Work for the Site, which shall be in a high-resolution digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage Agreement between the City of Fort Worth and Page 3 of 9 Paul Kittelson for Public Art for Eastchase Parkway points with at least one illustration showing the Work’s size and placement on a site plan, including dimensions. ii.A final written narrative for the Work, describing the following: (1) Artist’s Final Design concept; (2) timeline for completion; (3) proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist’s subcontractor(s), if any, for the Work; and (4) maintenance requirements for all elements of the Work as dictated by the Artist, along with cost estimates for annual maintenance; iii.Material or fabrication samples, as deemed necessary by Contract Manager and/or Artist; iv.An updated, detailed final budget, on the budget form attached hereto as Exhibit “G,” for Artwork Commission of the Work in an amount up to $195,736.00 which includes all costs, including, but not limited to, materials, engineering, consulting, labor, fabrication, delivery, installation, insurance, travel costs (if applicable), transportation, a remaining Artist’s fee of $10,571.00, and all other associated costs for the Work, with written quotes from subcontractors and vendors attached, if applicable. [NOTE: The Artwork Commission budget of $195,736.00 does not include the City-held contingency]. v.Comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material to permit City to carry out structural design review. City will conduct a review of structural design and other related graphic material prior to installation of the Work. Upon City’s request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with at least thirty calendar days’ notice of cancellation of any policy required hereunder. The City’s insurance requirements attached hereto as Exhibit “C”); and vi.Artist shall provide an Artist’s statement, which may include but is not limited to the following topics: the overall philosophical approach of the Work; how the artwork relates to or engages viewers in the community; what influenced the Artwork Design; how techniques or materials relate to the content of the Work; and how the Work relates to the Artist’s studio practice. b. Artist shall provide the Final Design presentation materials in PowerPoint format to the Contract Manager to become part of the City of Fort Worth Public Art Archive owned by City. All documents, models, and/or drawings will be retained for archival and exhibition purposes. c. Final Design Deliverables shall be submitted to the Contract Manager at least three weeks prior to the scheduled Final Design presentation to the FWAC, for staff review. 15.5. Final Design Review. Agreement between the City of Fort Worth and Page 4 of 9 Paul Kittelson for Public Art for Eastchase Parkway a.Upon submission of the Final Design Deliverables and acceptance by Contract Manager, Artist shall present the Final Design to the FWAC for joint review with the Project Core Team, and other Project Stakeholders, and for the FWAC’s approval at a regularly scheduled FWAC meeting. If the Final Design is approved by the FWAC, it will subsequently be shared with City boards, commissions, and staff, as appropriate. b.City shall notify Artist of its approval or disapproval of the Final Design, either in whole or in part, within thirty business days of Artist's presentation to the FWAC. c.If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Final Design. City may require Artist to make such revisions to the Final Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental agency having jurisdiction over the Site. d.Artist shall have thirty calendar days from the date City informed Artist of the revision(s) to submit the revised Final Design in conformance with City's requirements and subsequently present the revisions at the next regularly scheduled FWAC meeting. e.If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 16 of this Final Design Addendum up through the date of termination. f.Artist shall incorporate all City-approved revisions into the Final Design in conformance with City’s requirements if the Artist proceeds to the Artwork Commission phase. g.Upon City’s approval of the Final Design, Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings for the Work performed under this Agreement will be retained for archival and exhibition purposes. Artist’s Final Design and all other work product related to this Agreement as selected by the City shall become the property of City, without restriction on future use, pursuant to Article 6 of Preliminary Design Agreement, which is the foundation for this Final Design Addendum. ARTICLE 16 FINAL DESIGN COMPENSATION AND PAYMENT SCHEDULE 16.1. Compensation. Total compensation to Artist under this Final Design Addendum shall be in an amount up to TWENTY-FOUR THOUSAND, EIGHT HUNDRED THIRTY-TWO DOLLARS AND ZERO CENTS ($24,832.00), which shall constitute full compensation for any and all costs associated with this Final Design Addendum, including but not limited to an Artist’s Fee of $12,332.00, an engineering and consulting fee Agreement between the City of Fort Worth and Page 5 of 9 Paul Kittelson for Public Art for Eastchase Parkway allowance of up to $12,000.00, a travel allowance of $500.00, insurance, material samples, and any and all other costs for services performed and materials furnished by Artist under this Agreement. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Final Design Addendum. Artist and City may amend the Agreement to allow for additional payment if additional services are required. 16.2. Payment Schedule. City agrees to pay Artist 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.THREE THOUSAND DOLLARS AND ZERO CENTS ($3,000.00) within thirty calendar days after the City issues a purchase order for this Final Design Addendum. b.FOUR THOUSAND DOLLARS AND ZERO CENTS ($4,000.00) within thirty calendar days after Artist submits the Final Design Deliverables as required under Article 15.4. of this Addendum. c.TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00) within thirty calendar days after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5. d.THREE THOUSAND, THREE HUNDRED THIRTY-TWO DOLLARS AND ZERO CENTS ($3,332.00) within thirty calendar days after City’s approval of the Final Design. e. City will provide an allowance of up to TWELVE THOUSAND DOLLARS AND ZERO CENTS ($12,000.00) for engineering, material samples, mock-ups, professional services, and conservator or other consulting fees, as necessary. Such payment shall be made for actual services rendered only (a retainer fee of up to 50% is allowed) and upon receipt of an invoice from Artist with the original invoice for such services attached. f.City will provide a travel stipend of FIVE HUNDRED DOLLARS AND ZERO CENTS ($500.00) for travel costs for one trip by Artist, provided that Project Manager has approved the travel in writing, in advance. This stipend is provided consistent with GSA Guidelines and shall cover all allowable travel expenses after travel occurs. 16.3. Sales Taxes. City is a tax-exempt organization, and therefore, no state or local sales taxes or federal excise taxes shall be due upon the project. City shall supply Artist with the “Texas Certificate of Exemption,” in substantially the same form as that attached hereto as Exhibit “D” for use by Artist in the fulfillment of this Agreement. 16.4. Artist’s Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Addendum, including, but not limited to, those for services, materials, mailing/shipping charges on submissions to City and/or Contract Manager, insurance, cost of all travel, and costs for Artist’s agents, consultants and/or mplo c s necessary fi r tll' p1 per per:fom1ance of Lhe s rvic required under tliis Agre mcnt. ARTT L 17 TERM OF FINAL DESIGN TI1is Final De ign Addendum shall take effect on the date it is executed by th ity and. unlcs tennjoar .arJi r pursmuit to th pr visio11 f cl) Agrt>.eme11l, iaJJ xt nd until final I a_ ·111 nt to Artist b_ City of an ai11ow1ts owed und r this ldendum or any subsequent Addendwn (if applicabJ }. The Parties b reb acknowledge and agree that, lmless e.'plicitly modified ·by the tenns of tJ1j FinaJ D sign Add ndum, all otb rt rrns and conditions oftbe riginal Agreement remain in full force and effect and ball apply th.r ughout th duration of this Final D sign Add ndum. TNWTTNE H RE0F the Parties hc,-eto L1avc c ccuted this Final Dcsig11Addendwn as oflhe Effecti e Date. 0 ◄ORTWORTH b :0;4xO 2 Je ica MacEachem Assistant ity anagcr ARTl' 01/dt-0,,_ ... •"" <J Paul Kittelson --C:::: Dnte:Feb 13,�2�0�2�5 ___ _2.._ 2_ 1 2,C) 2-� . RE OMM ND D FOR AP PROVAL by ·M)of.-/h-025 0A·?J CSl) lark h Librar. Director Con rac Complinnc Manager By signing 1 acknowledge tJmt J am the persou rcsponsibl for the monitoring and admini :tration ofthi contract iJ1clnding ensuring aU perfonnance and reporting rcquir menu . C\. I • Mich U Richardson Title: PL1blic Art Projeet anag r Agre mcut bclween the Cit ' of Port. Wortb and Paul Kittclsou for Public An for astclt."lSC Park\ a Page of9 Agreement between the City of Fort Worth and Page 7 of 9 Paul Kittelson for Public Art for Eastchase Parkway APPROVED AS TO FORM AND LEGALITY: Jessika J. Williams Assistant City Attorney ATTESTED BY: Jannette S. Goodall City Secretary Form 1295: n/a Contract Authorization: n/a M&C: n/a Trey Qualls Agreement between the City of Fort Worth and Page 8 of 9 Paul Kittelson for Public Art for Eastchase Parkway Exhibit F: Approved Preliminary Design EASTCHASE ISLAND is an extraordinary place set within the ordinary urban environment. It is a place of refuge for the passing motorist. A mental vacation from the everyday grind and a creative escape for the tired imagination. This magical place will become known as one of Fort Worth’s most unique traffic intersections. It will serve as a suburban monument to the natural world and provide a sense of identity for the Eastchase area. The proposed artwork consists of multiple sculptural elements that together make up a storybook-like setting. Inspired by the micro world of insects, bugs and plant spores, this sculptural landscape is a fantasy world of fanciful forms. Large stainless-steel mushroom-like structures with intricately cut patterns. A heroic size snail created from layers of core ten steel. A scattering of black steel ants that roam aimlessly about, and a colorful ceramic tile toad that keeps watch over the river of cars. Overall, the story of Eastchase Island is a fable about coexistence. The way we live our lives in a delicate dance with nature. How, as humans, we are shaped by the same natural forces, and instincts, that perpetuate and define all living things. Agreement between the City of Fort Worth and Page 9 of 9 Paul Kittelson for Public Art for Eastchase Parkway Exhibit G: Artwork Commission Budget Form