HomeMy WebLinkAboutContract 62339-AD1CSC No. 62339-AD1
Fire Station #43 Public Art Project
Final Design Addendum
WHEREAS, on November 20, 2024 the City and Artist entered into City Secretary Contract
No. 62339 to develop a Conceptual Design Proposal for Public Art for the Site ("Agreement"); and
WHEREAS, on May 19, 2025, the FWAC approved Artist's Conceptual Design Proposal and
recommended that the Artist develop a Final Design for public artwork to be incorporated into the Site based
on the Conceptual Design Proposal; 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 Acknowledament.
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 May 19, 2025, 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 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. 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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, installation requirements, or other
infrastructure needs to support the Work.
f. 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.
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 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. 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
points with at least one illustration showing the Work's size and placement on a site plan that
clearly shows site dimensions. Artist shall create mockups for the Work as needed to complete
Final Design.
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
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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 FIFTY-SEVEN THOUSAND,
THREE HUNDRED TWENTY-SIX DOLALRS AND ZERO CENTS ($57,326.00), which
includes all costs, including, but not limited to, for materials, engineering, consulting, labor,
fabrication, delivery, installation, insurance, travel costs (if applicable), transportation,
remaining Artist's fee of $5,053.00, and all other associated costs for the Work, with written
quotes from subcontractors and vendors attached, if applicable. The Artwork Commission
budget of $57,326.00 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.
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
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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.
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
TEN THOUSAND, FIFTY-FOUR DOLLARS AND ZERO CENTS ($10.054.00), 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 $5,054.00, an engineering and consulting fee allowance of up to $5,000.00,
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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. ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) within thirty calendar days of the
Effective Date of this Final Design Addendum and after City issuance of a purchase order.
b. TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00), within thirty calendar days after
Artist submits the Final Design Deliverables as required under Article 15.4 of this Addendum.
C. ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) within thirty calendar days after
Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5.
d. ONE THOUSAND, FIFTY-FOUR DOLLARS AND ZERO CENTS ($1,054.00) within thirty
calendar days after City's approval of the Final Design.
e. City will provide an allowance of up to FIVE THOUSAND DOLLARS AND ZERO CENTS
($5.000.00) 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
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.
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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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Final Design Addendum as of the
Effective Date.
CITY OF FORT WORTH
Dam S'9raGc 0#
by: Dana Burghdoff (Jut'', 2025 15MCDT)
Dana Burghdoff
Assistant City Manager
Date: 07/01 /2025
DEPARTMENTAL APPROVAL:
x4e't-
Midori Clark (Jun 26, 2025 11:40 CDT)
Midori Clark
Director, Fort Worth Library
Contract Compliance Manager
ARTIST
Carol Acedo
President, Invizion Art Inc.
Date:
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 Richardson
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
Trey Qualls
Assistant City Attorney
ATTESTED BY:
Jannette S. Goodall
City Secretary
Form 1295: n/a
Contract Authorization: n/a
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Invizion Art Inc. for Public Art for Fire Station #43
Exhibit C: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work, then Artist shall also require his/her contractor(s) and
subcontractor(s) to abide by all of the following insurance requirements.
Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors,
products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy
shall name City as an additional insured.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody, and control and shall include property "in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired, and non -
owned.
Workers' Compensation (for Artist and/or Artist's contractors and subcontractors who have employees)
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, including its Officers,
Employees, and Volunteers, as an "Additional Insured" on all liability policies. Exception: the "Additional
Insured" requirement does not apply to Workers' Compensation or Automobile policies.
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Invizion Art Inc. for Public Art for Fire Station #43
Artist is responsible for providing the City at least thirty days notice of cancellation or non -renewal of any
insurance policy and may not change the terms and conditions of any policy that would limit the scope or
coverage, or otherwise alter or disallow coverage as required herein.
The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the
City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas.
The insurers for all policies must be licensed/approved to do business in the State of Texas. The insurers for
all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum
rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of
Risk Management is required.
If insurance policies are not written for specified coverage limits, Umbrella or Excess Liability insurance for
any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated, all required insurance shall be written on an "occurrence basis."
The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and
approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders'
equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups must also approved by City's Risk Manager.
City, in its sole discretion, reserves the right to review these insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon
changes in statutory law, court decisions, or the claims history of the industry as well as of the contracting
party to City of Fort Worth. City shall be required to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto
and may make any reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions, except where policy provisions are established by law or regulations
binding upon either party or the underwriter on any such policies.
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Invizion Art Inc. for Public Art for Fire Station #43
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Final Design Addendum between the City of Fort Worth and Page 10 of 12
Invizion Art Inc. for Public Art for Fire Station #43
Exhibit F: Approved Conceptual Design Proposal
The approved Conceptual Design concept intends to create a nostalgic feeling of peace and community,
while honoring the history of the ranch by depicting the cattle, the green spaces, and the trees once planted
by the Walsh family. It also represents the dedication of the firefighters as they watch over the community, in
recognition of the risks they take to save others. The artwork consists of four stacked, backlit aluminum
panels, and is mounted to the wall with space to allow for the backlighting of the Maltese Cross, a symbol of
protection, courage, and self-sacrifice in the department. When the firefighters are called to duty, the lighting
of the cross will change to blue to alert the community so they can support them with their thoughts and
prayers. This feature embodies the cutting -edge technology that this community embraces.
The proposed 15' x 8' artwork consists of four stacked, backlit aluminum panels, and is mounted to the wall
with space to allow for the backlighting of the Maltese Cross. The Maltese Cross is a symbol of protection,
courage, and self-sacrifice. When the firefighters are called to duty, the lighting of the cross will change to
blue to let the community know so they can support them with their thoughts and prayers. The color -
changing or isolated blue LEDs behind the Maltese cross, can be controlled by a physical switch, a phone
app, voice control, or tied into an existing switch. This feature embodies the cutting -edge technology that this
community embraces. The Maltese Cross will be refined to be more specific to Fort Worth and Station #43,
otherwise known as "The Outpost."
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Exhibit G: Budget Form (Commission Phase)
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 -TOTAL TRAVEL
ARTIST TRAVEL (Based on GSA
COSTS Rates)
Transportation (Airfare, Car Rental)
Lodging
Per Diem (Meals and incidentals)
SUB -TOTAL TRAVEL -
COSTS
COSTS
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. Contingeny funds are
accessed for unforeseen costs with supporting documentation approved by contract manager. Any
unused contingency funds shall remain with the City.
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