HomeMy WebLinkAboutContract 62309-AD5CSC No. 62309-AD5
Final Design Addendum
WHEREAS, the City and Artist entered into City Secretary Contract No. 62309, to develop a
Conceptual Design Proposal as part of a competitive Artist Selection process for Public Art for the Site; and
WHEREAS, on January 31 „2025, the Artist Selection Panel recommended Artist be the artist chosen
for the Eugene McCray Public Art Project; and WHEREAS, on February 17,2025, the FWAC approved
Artist's Conceptual Design Proposal and recommended that the Artist develop a Final Design based on the
Conceptual Design Proposal 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 Conceptual Design Proposal, as described in the attached
Exhibit "F," was reviewed and approved by the FWAC on February 17, 2025, and is the basis for executing
this Final Design Addendum with Artist.
15.2. Final Design Scobe 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 Conceptual Design Proposal 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.
d. Prior to commencing the Final Design, Artist shall meet with and seek input from the Project Core
Team.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Agreement between the City of Fort Worth and Page 26 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center
e. 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.
f. 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 installation requirements, or other infrastructure needs to
support the Work.
g. Artist shall consult with a qualified art conservator to review the design and develop written
maintenance recommendations for the Work upon request of Contract Manager.
h. 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.
i. Artist shall allow video recording and photography of their participation during activities related to
this Project such as presentations and meetings.
j. To maintain the integrity of the City of Fort Worth's public art process, for the duration of this Final
Design Addendum, 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. Citv 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
points with at least one illustration showing the Work's size and placement on a site plan that
clearly shows site dimensions
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Jeremy Biggers for Public Art for Eugene McCray Community Center
ii. A final written narrative for the Work, describing the following: (1) Artist's Final Design
concept; (2) timeline for completion; (3) proposed materials, preparation, 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 not to exceed FORTY SEVEN THOUSAND
FIVE HUNDRED NINETEEN DOLLARS AND NO CENTS ($47,519.00), which includes
all costs, including, but not limited to, for materials, engineering, consulting, labor, fabrication,
delivery, installation, insurance, transportation, remaining Artist's fee of $4,741.00, and all
other associated costs for the Work, with written quotes from subcontractors and vendors
attached, if applicable. The Artwork Commission budget of $47,519.00 does not include a
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. Professional Liability Insurance is required in all circumstances for artwork
requiring engineering and/or architectural services. 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.
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Jeremy Biggers for Public Art for Eugene McCray Community Center
15.5. Final Design Review.
a. Upon submission of the Final Design Deliverables and acceptance by Contract Manager, Artist shall
present the Final Design to the FWAC, Project Core Team, Project Stakeholders, City staff, and other
community members 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 meeting of the Fort Worth Art Commission.
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 any City -approved revisions into the Artwork Commission Addendum in
conformance with City's requirements.
g. If Artist's Final Design is approved by City, then Artist's Final Design shall, upon Fort Worth City
Council authorization, be incorporated into this Agreement as an addendum and shall become the basis
for proceeding to the Artwork Commission phase.
h. 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 shall become the property of City, without restriction on future use, pursuant to
Article 6 of Conceptual Design Proposal Agreement, which is the foundation for this Final Design
Addendum.
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Jeremy Biggers for Public Art for Eugene McCray Community Center
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 not to exceed
FIVE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NO CENTS ($5.161.00). 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 $3,161.00, an engineering and consulting fee allowance of up
to $2,000.00, insurance (if applicable), 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. Pavment 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. FIVE HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($528.00) within thirty
calendar days of the Effective Date of this Final Design Addendum and after City issuance of a
purchase order.
b. FOUR HUNDRED DOLLARS AND NO CENTS ($400.00) within thirty (30) days after Artist
meets with Project Core Team and other stakeholders to gather input prior to Final Design
development.
C. FOUR HUNDRED FORTY DOLLARS AND NO CENTS (440.00) within thirty calendar days
after Artist submits the Final Design Deliverables as required under Article 15.4. of this Addendum.
d. EIGHT HUNDRED FORTY DOLLARS AND NO CENTS ($840.00) within thirty calendar days
after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5.
e. NINE HUNDRED FIFTY-THREE DOLLARS AND NO CENTS ($953.00) within thirty calendar
days after City's approval of the Final Design.
f. City will provide an allowance of up to TWO THOUSAND DOLLARS AND NO CENTS
($2.000.00) 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.
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
Agreement between the City of Fort Worth and Page 30 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center
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 (that are not covered by a travel
stipend), and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of
the services required under this Agreement.
ARTICLE 17
TERM OF FINAL DESIGN ADDENDUM
This Final Design Addendum shall take effect on the date it is executed by the City and, unless
terminated earlier pursuant to the provisions of the Agreement, shall extend until final payment to Artist by
City of any amounts due hereunder.
ARTICLE 18
CONTINUATION OF AGREEMENT
The Parties hereby acknowledge and agree that, unless explicitly modified by the terms of this Final
Design Addendum, all other terms and conditions of the original Agreement remain in full force and effect and
shall apply throughout the duration of this Final Design Addendum.
Agreement between the City of Fort Worth and Page 31 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center
IN WITNESS WHEREOF, the Parties hereto have executed this Final Design Addendum as of the
Effective Date.
CITY OF FORT WORTH
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y {lance Riirghrinff (C�'I�S1 A-^T)
Dana Burghdoff
Assistant City Manager
Date:Ap r 3, 2025
Contract Compliance Manager
ARTIST
Jeremy Big e
Artist
Date: 3/19/2025
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Michelle C Gonzales]
Title: Public Art Project Manager
APPROVED AS TO FORM
AND LEGALITY:
Trey Qualls
Tr,••, Qwa11.. (nn... o, 2025 i oA:T CPT)
Trey Qualls
Assistant City Attorney
ATTESTED BY
Yannette S. Goodall
City Secretary
Form 1295:
Contract Authorization:
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RECOMMENDED FOR APPROVAL BY:
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Midori Clark, Library Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Agreement between the City of Fort Worth and Page 32 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center
Exhibit F: Approved Conceptual Design Proposal
This mural celebrates the vibrant history, culture, and future of the Fort Worth community. At its heart are two
young girls, embodying the endless possibilities of the future. The act of one sister braiding the other's hair
reflects a deep connection to history and tradition -a gesture of care, love, and neighborly compassion.
Incorporating vintage photos of Eugene McCray, a local trailblazer, alongside imagery of Dr. Opal Lee -known
as the "Grandmother of Juneteenth"-and Dunbar High School's legendary Coach Robert Hughes, the mural
honors those who have shaped Fort Worth's legacy. The inclusion of the Juneteenth flag underscores Opal
Lee's pivotal role in championing Juneteenth and her enduring contributions to the city. A nod to the past is
further seen in the streetcar design and the number 6, representing the historic streetcar stop that once connected
Fort Worth to other North Texas metropolitan areas. These streetcars were instrumental in building the
community, fostering connections, and shaping the city's growth.
The Wildcat/ Panther in the design, is the Bethune-Cookman University Wildcat where Eugene McCray
attended college, as well as a nod to the Panther City nickname for Fort Worth. Additional design elements
were pulled from the shapes within the map of Southeast Fort Worth. Through this mural, I aim to intertwine
the threads of history, community, and hope, celebrating the remarkable individuals and stories that have
defined Fort Worth while inspiring future generations to continue that legacy.
Agreement between the City of Fort Worth and Page 33 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center
FEES
Artist's Fee (Design, Studio Overhead,
Admin)
Engineer
Lighting Designer
Conservator
Photographer
Other Consultants
SUB -TOTAL FEES
FABRICATION
Materials
Lighting Fixtures and Connections
Artist's Labor (_ hours at $_ per hour)
Fabricator / Labor by Others
Rentals (equipment, fabrication space)
Storage
SUB -TOTAL FABRICATION
INSURANCE
General Liability (Prorated)
Other as Applicable (Property, Auto)
SUB-TOTALTRAVEL
Exhibit G: Budget Form
ARTIST TRAVEL (Based on GSA
COSTS Rates)
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
COSTS
COSTS
SUB-TOTALTRAVEL
INSTALLATION
Transportation of Artwork to Site
Installation Crew Travel
Permits
Site Preparation / Remediation
Footings / Foundations
Electrical Connections / Modifications
Installer Labor
Rentals (Scaffolding, equipment,
generator)
Traffic Control
Security
SUB -TOTAL FABRICATION
TOTAL COMMISSION PHASE
Attach a written quote or estimate complete with per unit costs for all items.
COSTS
COSTS
The implementation budget above does not include the City -held contingency. Contingency funds are
accessed for unforeseen costs with supporting documentation approved by contract manager. Any unused
contingency funds shall remain with the City.
Agreement between the City of Fort Worth and Page 34 of 50
Jeremy Biggers for Public Art for Eugene McCray Community Center