Loading...
HomeMy WebLinkAboutContract 61888-AD2CSC No. 61888-AD2 Eastchase Parkway Public Art Project Artwork Commission Addendum WHEREAS, on August 5, 2024, the City and Artist entered into City Secretary Contract No. 61888 (the "Agreement"), to develop a Preliminary Design for Public Art for the Site; and WHEREAS, a Final Design Addendum to City Secretary Contract No. 61888 was executed on February 13, 2025; and WHEREAS, on April 21, 2025, the FWAC approved Artist's Final Design and recommended that the Artist be commissioned to fabricate, deliver, and install the Artwork at the Site; and WHEREAS, on June 10, 2025, the Fort Worth City Council authorized the execution of this Artwork Commission Addendum; and WHEREAS, City and Artist wish to set out the terms and conditions under which the Artwork Commission phase will be completed; 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 19 EFFECTIVE DATE OF ARTWORK COMMISSION ADDENDUM The effective date of this Commission Addendum is the date this Addendum is signed by the Assistant City Manager below. ARTICLE 20 ARTWORK COMMISSION PHASE SCOPE OF SERVICES AND DELIVERABLES 20.1 Acknowledgment. City and Artist acknowledge that Artist's Final Design, as described in the attached Exhibit "I", was reviewed and approved by the FWAC on April 21, 2025, and is the basis for executing this Commission Addendum with Artist. 20.2. Artwork Commission Scope of Services. a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary for fabricating, delivering, and installing the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in the Agreement, the Final Design Addendum, and this Commission Addendum. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by City as set forth in the Agreement, the Final Design Addendum, and this Artwork Commission Addendum. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Artwork Commission Addendum between the City of Fort Worth and Page 1 of 20 Paul Kittelson for Public Art for Eastchase Parkway C. 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. d. Artist shall meet and coordinate with the City's staff, Project Consultant(s), contractors, and others, as necessary, to ensure proper integration and installation of the Work into the Site, as applicable, including, but not limited to, artwork location and installation equipment brought onto the Site. e. Artist shall install the Work at the Site on dates mutually agreed upon by Artist and City. f. Upon request of Contract Manager, Artist shall consult with a qualified art conservator and shall provide written maintenance recommendations for the Work from said conservator to the Contract Manager, if not provided under Final Design Addendum. g. Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and time, to be completed within one year of the completed installation date. h. Artist shall make their best effort to be available at such time(s) as may be set by the City to attend any dedication or presentation ceremonies relating to the transfer of the Work to City. City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined by City as soon as practicable following installation. i. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. j. If Artist intends to seek their own publicity for the Work, including publication of the artwork design on Artist's website, social media, or press/media release(s), all such publicity must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth in substantially the following form, "an original artwork commissioned by the City of Fort Worth, Texas." A social media plan must be approved, in advance, by Contract Manager, and shall include the hashtag #fwpublicart. 20.3. 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. 20.4. Execution of Work. a. Artist shall furnish the Schedule to the Contract Manager within fifteen business days after the Effective Date of the Commission Addendum. After written approval of the Schedule by Contract Manager, Artist shall fabricate, deliver, and install the Work in accordance with the Schedule. Schedule changes may be accomplished by written agreement between Artist and Contract Manager. b. City and/or Contract Manager, upon written request, shall have the right to review the Work during its fabrication and/or to request visual documentation of the fabrication. Artist shall, upon written request Artwork Commission Addendum between the City of Fort Worth and Page 2 of 20 Paul Kittelson for Public Art for Eastchase Parkway by the City or Contract Manager, provide a written progress report detailing the progress made toward completion of the Work and the remainder of work to be done to complete the Work. Artist shall comply with any request made by the City and/or Contract Manager pursuant to this Article 20.4 within thirty calendar days after receipt of the written request. C. Artist shall complete the fabrication of the Work in accordance with the approved Final Design. Artist shall present to the Contract Manager, in writing, for further review and approval, any changes in the scope, design, color, size, material, or texture of the Work. The Contract Manager, in its sole discretion, shall determine whether the changes are significant and do not conform to the approved Final Design. If the Contract Manager determines that the changes do not conform to the approved Final Design, then the changes may be presented to the FWAC for review and approval at a regularly scheduled or special called meeting of the FWAC. If any disputes arise thereafter, the Parties shall first attempt to resolve those disputes in accordance with the dispute resolution process set forth in Article 5 of the Agreement. 20.5. Delivery and Installation. a. Artist shall carry insurance as set out in Exhibit "C." Evidence of required insurance shall be submitted to the Contract Manager prior to installation of the Work on City property. However, if any part of the fabrication process will be conducted on City property, then Artist shall submit evidence of required insurance to the Contract Manager prior to performance of that work. Evidence of subsequent renewals of said insurance is required until City has taken possession of the Work. Except as provided in Commission Addendum Section 20.8 hereof, the risk of damage to or loss of the Work shall, during fabrication and installation, shall be solely that of Artist. This risk shall transfer to City upon installation completion and shall no longer be the responsibility of Artist upon installation of the Work. b. Artist shall notify City, through its Contract Manager, in writing when fabrication of the Work is completed and is ready for its delivery and installation at the Site. C. Artist shall be responsible for obtaining and paying for all necessary permits and any required traffic barriers appropriate for this Project. d. Artist is responsible for installing all elements of the Work. Artist shall coordinate the installation of the Work with City and Contract Manager. Delivery and installation activities may not commence until written permission is delivered to Artist by the City. e. Artist shall be responsible for all costs associated with the materials, fabrication, and installation of the Work, including, but not limited to, equipment rentals, transportation, and labor. Artwork Commission Addendum between the City of Fort Worth and Page 3 of 20 Paul Kittelson for Public Art for Eastchase Parkway f. Should Artist complete fabrication of the Work in advance of the approved installation date, Artist shall store the Work at no expense to City until such a time as the Site is completed and the Contract Manager notifies Artist that installation may commence. g. Artist, individually and through its subcontractors, including its fabricator and/or installer, shall take all necessary precautions to protect and preserve the integrity and finish of the Site, including but not limited to interior finishes, painted structures, pathways, and landscaping, while delivering and installing the Work. If City determines, in its sole discretion, that Artist or Artist's subcontractors have damaged the Site, then City shall inform Artist, in writing, of the damage. Artist, at their own expense, shall have thirty days from receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If Artist fails to repair the damages to the satisfaction of City within thirty days after receipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Artist under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. 20.6. Post -installation. a. Artist shall provide to Contract Manager written instructions for appropriate maintenance and preservation of the Work using the Technical and Maintenance Record, attached hereto as Exhibit " T' The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Work in the approved Final Design. b. Within thirty days after the installation of the Work, Artist shall furnish Contract Manager with a set of at least fifteen high -resolution digital images (.tiff format) and fifteen low -resolution digital images (.jpeg format) showing each element of the Work, including detail shots during and after installation, with at least ten of these images showing the Work installed. 20.7. Final Acceptance. a. Artist shall notify City and Contract Manager, in writing, when all services for fabrication, delivery, and installation of the Work have been completed in accordance with the terms of this Artwork Commission Addendum. Included in such notice from Artist shall be an Affidavit of Bills Paid, attached hereto as Exhibit "K," certifying that all bills relating to services or supplies used in the performance of the Artwork Commission Addendum have been paid. b. City shall notify Artist in writing of its Final Acceptance of the Work. C. Final Acceptance shall be effective as of the earlier to occur of. (1) the date of City's notification of Final Acceptance; or (2) the thirty-fifth day after Artist sends the written notice to City required under this Article 20.7, unless City, upon receipt of such notice and prior to the expiration of the thirty -five - Artwork Commission Addendum between the City of Fort Worth and Page 4 of 20 Paul Kittelson for Public Art for Eastchase Parkway day period, gives Artist written notice specifying and describing anything that has not been completed pursuant to the Commission Addendum. 20.8. Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist prior to completed artwork installation, and Artist shall take such measures as are necessary to protect the Work from loss or damage until this time, including, but not limited to, the purchase of property loss insurance, except that the risk of loss or damage shall be borne by City prior to completed artwork installation during such periods of time as the partially or wholly completed Work is in the custody, control, or supervision of City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Work. 20.9. Warranties of Quality and Condition. a. Artist represents and warrants that all work will be performed in accordance with professional, "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice" or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. b. Artist represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. C. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 20.9 that is curable by Artist, City shall give written notice to Artist of such breach with reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and consistent with professional conservation standards (in accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City, within thirty calendar days after receipt of the written notice, at no expense to City. d. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 20.9 that is not curable by Artist, Artist is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the risk of this breach in the approved Final Design and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article 20.9. e. If, after one year from Final Acceptance, City observes any breach of warranty described in this Section 20.9 that is curable by Artist, City shall give written notice to Artist to make or supervise repair or restorations at a reasonable fee. Artist shall notify City, in writing, within thirty calendar days after receipt of the notice as to whether Artist will make or supervise the repairs or restorations. Should Artist fail to respond within the thirty calendar day deadline or be unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified Artwork Commission Addendum between the City of Fort Worth and Page 5 of 20 Paul Kittelson for Public Art for Eastchase Parkway restorative conservator and maintenance expert. f. Acceptable Standard of Display. Artist represents and warrants each of the following: General routine cleaning and repair of the Work and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor repairable damages and will not cause the Work to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of reasonably foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that fall below an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling. iv. Manufacturer's Warranties. To the extent the Work incorporates products covered by a manufacturer's warranty, Artist shall provide copies of such warranties to City. g. If City fails to maintain the Work in good condition, Artist, in addition to other rights or remedies that Artist may have in equity or at law, shall have the right to disown the Work as Artist's creation and request that all credits be removed from the Work and reproductions thereof until the Work's condition is satisfactorily repaired. ARTICLE 21 ARTIST'S RIGHTS 21.1. Identification. City may include Artist on the Fort Worth Public Art website (www.fwnublicart.ora) or other social media platforms during any phase of the Project and will provide appropriate credit to Artist. Upon completion of the Work, Contract Manager shall include credit to Artist on the Fort Worth Public Art website and facilitate the design, purchase, and installation of a permanent plaque at the Site. 21.2. Maintenance. City recognizes that maintenance of the Work is essential to the integrity of the Work. City will, to the best of its ability, and to the extent practicable, and in accordance with appropriated funding, maintain and protect the Work, taking into account the maintenance instructions provided by Artist. 21.3. Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Work will be made. b. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City. Artwork Commission Addendum between the City of Fort Worth and Page 6 of 20 Paul Kittelson for Public Art for Eastchase Parkway C. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to prevent risks to the public, such repairs shall be undertaken or arranged by City as appropriate, and such repairs shall not be deemed to constitute artistic alteration. 21.4. Alteration of the Work or of the Site. a. City agrees that it will not willfully destroy, damage, or modify the Work, except as provided in Article 21.4.b and 21.4.c below. b. In the event that the City determines the Site will be altered, sold, or no longer used by City and the Work is integrated into a building, structure, or realty, City shall have the right to remove the Work by any means, including destruction. City may give Artist written notice of its intent to take such action under this Article 21.4. C. In the event that the City determines the Site will be altered, sold, or no longer used by City and the Work is freestanding, or incorporated into a building, structure, or realty such that it may be removed without damaging or destroying the Work or the building or structure, City at its sole discretion may relocate, sell, or store the Work. If City chooses not to relocate, sell, or store the Work, Artist may be given written notice and ninety days to remove the Work at Artist's sole expense. Upon Artist's failure to remove the Work during the 90-day period, City shall have the right to remove and dispose of the Work by any means, including its destruction. d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work as that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship on the grounds stated in this Article 21.4. e. City shall, at all times, have the right to move the Work or remove it from public display. City shall also have the right to sell or trade the Work. 21.5. Record Retention. City shall maintain a record of this Agreement and of the location and disposition of the Work consistent with City's document retention schedule. 21.6. Additional Rights and Remedies. Except as specifically provided herein, nothing contained in this Article 21 shall be construed as a limitation on such other rights and remedies available to Artist under the law, which may now or in the future be applicable. ARTICLE 22 ARTWORK COMMISSION COMPENSATION AND PAYMENT SCHEDULE 22.1. Compensation. Total compensation to Artist under the Artwork Commission Addendum shall be in an amount not to exceed TWO HUNDRED TWENTY-NINE THOUSAND, THREE HUNDRED THIRTY-SIX DOLLARS AND ZERO CENTS ($229,336.00), which shall constitute full compensation for all services to Artwork Commission Addendum between the City of Fort Worth and Page 7 of 20 Paul Kittelson for Public Art for Eastchase Parkway be performed and materials to be furnished by Artist under this Agreement, including, but not limited to, fabrication, transportation, installation, remaining Artist's Fee of $10,571.00, insurance, incidental costs, a City -held contingency of $26,100.00 all travel expenses, and any other costs associated with the Work. The Parties may amend this Commission Addendum to allow for additional payment if additional services are required. 22.2. Pavment Schedule. City agrees to pay Artist under this Commission Addendum 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. SEVENTY THOUSAND DOLLARS AND ZERO CENTS ($70,000.00) within thirty calendar days of the Effective Date of this Addendum and after City issuance of a purchase order. b. FIFTY THOUSAND DOLLARS AND ZERO CENTS (50,000.00) within thirty calendar days of Contract Manager's verification of 50% fabrication. C. FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) within thirty calendar days of Contract Manager's verification that the Work is 100% fabricated and ready to install. d. THIRTY-TWO THOUSAND, SIX HUNDRED SIXTY-FIVE DOLLARS AND ZERO CENTS ($32,665.00) within thirty calendar days of Contract Manager's verification that the Work is installed. e. TEN THOUSAND, FIVE HUNDRED SEVENTY-ONE DOLLARS AND ZERO CENTS ($10,571.00) within thirty-five days after Final Acceptance and receipt by City of such documentation as it may require concerning payment of services and supplies rendered to Artist (see Commission Addendum Article 20.7.a); provided, however, that final delivery shall not be tendered prior to the expiration of thirty days after Final Acceptance. f. A City -held contingency of up to TWENTY-SIX THOUSAND, ONE HUNDRED DOLLARS AND ZERO CENTS ($26,100.00) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in materials, fabrication, or installation costs. Payments using contingency funds will only be made upon (i) approval, in advance, by the Contract Manager of the additional costs, and (ii) receipt of supporting documentation from the Artist. Any unused contingency funds shall remain with the City. ARTICLE 23 TERM OF ARTWORK COMMISSION ADDENDUM This Artwork Commission Addendum shall take effect on the date identified in Article 19 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 24 CONTINUATION OF AGREEMENT Artwork Commission Addendum between the City of Fort Worth and Page 8 of 20 Paul Kittelson for Public Art for Eastchase Parkway The Parties hereby acknowledge and agree that, unless explicitly modified by the terms of this Artwork Commission Addendum, all other terms and conditions of the original Agreement and the Final Design Addendum remain in full force and effect and shall apply throughout the duration of this Artwork Commission Addendum. Artwork Commission Addendum between the City of Fort Worth and Page 9 of 20 Paul Kittelson for Public Art for Eastchase Parkway IN WITNESS WHEREOF, the Parties hereto have executed this Commission Addendum as of the Effective Date. CITY OF FORT WORTH byL)ana Riirohrinff ( IiiP4 9095 lf46-, CnT) Dana Burghdoff Assistant City Manager Date: 07/07/2025 RECOMMENDED FOR APPROVAL by: Midori Clark (Jul 7, 2025 13:29 CDT) Midori Clark Fort Worth Library Director Contract Compliance Manager ST/ENT I Paul Kittelson Date:V�v1 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: /� q� Trey Quails Assistant City Attorney oavvnn FORrnoa0A o a 9C �o ATTESTED BY: aZ5o oid APia* ((\ ��� �� *� aaaG s, p5oaa Jannette S. Goodall City Secretary Form 1295: 2025-1305059 Contract Authorization: M&C # 25-0479 Artwork Commission Addendum between the City of Fort Worth and Paul Kittelson for Public Art for Eastchase Parkway OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 10 of 20 Exhibit I: Approved Final Design EASTCHAS E Pkwy. T a O O w n /GO/ JD � C y Pldp E-I -M[em 1- N �' 77 s,Emnuae� a,a lukl�.,,Mm -31TE PLAN kexseo,.�,4= Artwork Commission Addendum between the City of Fort Worth and Paul Kittelson for Public Art for Eastchase Parkway Page 11 of 20 12` k I USYl y'oo P`'t Srt�ruct�s-e bieneNs�avis Me141FOOM 51ructlitre, llerie'n5t0115 f 6�Z ( joy PmpG: EpIXP� Ardry M Cemmlvlm w(•' q�El, u w z�' WW2— 1� v 6-xtl 1111- Pmlxt Ea9, P. ZZ.:lu7— smipA psrvawl9tklwn.Ndrt Aa Y2l, 2ozS f l '� 1FOF_fP,rgs 1 AV A _i(OFPIVA i 44�05 ( 4r 4CEN9�✓_ f / (OtlYV� 9 Artwork Commission Addendum between the City of Fort Worth and Paul Kittelson for Public Art for Eastchase Parkway Page 12 of 20 9 MU5hrnori S7roctvre Dlm r lions 3 Relxt'EesuMU PMwyM Cwnmislen EubmMei b�py�l lP1ltlsai,Mlsl PnI Lj, Z.o 2s P a s/Es )i frginer, G� 6pnro ;\Ear 7F, \\1E �gP, ti.E 4705 j f ''..LKENSc�.l2�S v 1 Flojed', EaetrAam PahraaM tonmlssron I ENFar. Fus lupMa tl �yPam Nnnmo, anln dll o:� APo•d 21� 2025' 1 i SNHI L SCULPTURE K005E'-�:JI t.d1.1:1-�; C' =N� fiilG(=K \�OEr lES1 Ste 2C pI AteS ..._.....`y4� J 4 KOPRIVA i { 6` %I Artwork Commission Addendum between the City of Fort Worth and Page 13 of 20 Paul Kittelson for Public Art for Eastchase Parkway v Pmlar. Eeawae PdMreyM fnmmkdmi Erglnxr.6m li�pMa Suhmbed by Pew ft'l—A2s Apnl 21, 2o2S PdAe n: 10�13 IIF -i .a:....meSNAIL SCULPTUR zr � n4aas (A) Layers of TIa''cK Core.Tev 51eet Plate-5 CB) Separated bi�gg Vf COr�-en5-teeI 1-ouRc[bckr (C) CLRd WEIJed -to X�'-thicK Ccr-gTtn STee� Plate I � f Pigttc Emrdue ParFruy PnG nmision CngMer Gas Kgxlva s,n,ai� nr Pew raaelvm, AAn Ap,-,1,21, 2.o2S 'W¢ : f1113 C �— iE OF iF �dl � G A .ARIVA _ ]OS : SdIONALENV� < - — -- 30 %I C-©v cv& r7mjrnAatfor\ I0 K,cr, Ucaer Sculpture. 2"a6ev. Sov--Niel -- --_.-. _-------- -----ter= -�--__-----__Ao__ r - Artwork Commission Addendum between the City of Fort Worth and Page 14 of 20 Paul Kittelson for Public Art for Eastchase Parkway r� I155A A KC+PP.iV� q 47o5 z .,lkEVSfr,q'�f 21 ConstruclFo+. Detail i' t Q,nLtfy -rlw* a Grout '" at co rlclre-t'e app 3 a ° Steel Frcu�e Lnthc�L.'. to icnSw:le� pm—'. Fnaw,4 waa-Atb6nse %i- TOAD SCULPTURE EnhancendCOnCrl--Aeand ST--8 5tru8ure a H igh PireA Cero[m[c7iIe- Surface NO Protrusiork5 or Sharp F—Aqs e Approx. Wtegh-t: 500lbs. q��aT+l�'M¢w� I Ergmrer.6us Ropnn �bFFai�MO Illl Illj m Ap..l x.[,zn zS Page Pk s2/p� Q ANT SCULPTURES 6 51-e-r-1 ArIs. M rjuRte.d oh concrete 'pnkas pryj9tt; pagrj�aSe PaRmryM Gmmkelen Egineer. sus KopMa SubmMeE by:Pwll�leNw�, N4rt __.. ome 1�P; l 21P �-D25 IF 3G" �f8a" [�y .t�K %eel Base pla�e - (3 ast Plhce FPex 2eA in PqA —AParox V > 1< 4e' I F — — __ - If. Artwork Commission Addendum between the City of Fort Worth and Paul Kittelson for Public Art for Eastchase Parkway u =-• PF TFA:41�1 Page 15 of 20 Exhibit J: Technical and Maintenance Record GENERAL INFORMATION Artist: Address: Telephone: Cell: E-mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Depth: Location & Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Artwork Commission Addendum between the City of Fort Worth and Page 16 of 20 Paul Kittelson for Public Art for Eastchase Parkway Place of Execution: Collaborating Artist: Fabricator (if other than artist) Fabricator Address: Methods/Materials Used in Execution of Artwork Materials (list type, brand name, and manufacturer of all materials; attach Material Safety & Technical Data; include contact names for all suppliers and attach warranty information): Construction Description (list all fabricators and any architects, engineers, or other technicians involved in the creation and installation of this artwork; attach all warranties & agreements): Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Casting Alloy, Wax Body, Glass, or Fiber Type: Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, graffiti, etc.; please list vendors and contact information and provide all product information): Artwork Commission Addendum between the City of Fort Worth and Page 17 of 20 Paul Kittelson for Public Art for Eastchase Parkway Pedestals, Foundations & Footings, Mountings, and Attachment Applications (list all materials used to install artwork on site; include vendor information, parts numbers, warranties, and agreements): Integrated Components List all components included in design and fabrication contracts that function as a part of the final installation, including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties, and agreements and any/all design schematics. Installation Installation Date: Installation Method (describe installation method; provide photo documentation if availablejist name and contact information of installation crew; attach any diagrams or disassembly instructions): Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert: Artist's Conservation Consultant Name: Address: Phone: (Attach Conservator's Long -Term Maintenance Recommendations, if requested by Contract Manager) Unusual or Special Circumstances of Note: Artwork Commission Addendum between the City of Fort Worth and Page 18 of 20 Paul Kittelson for Public Art for Eastchase Parkway Artist's Intention Please describe your view of how the artwork will change over time, including in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in creating an appropriate conservation action plan. In addition to environmental conditions, public artworks are often affected by public handling, landscaping, and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork. Artwork Commission Addendum between the City of Fort Worth and Page 19 of 20 Paul Kittelson for Public Art for Eastchase Parkway AFFIDAVIT OF BILLS PAID Date: Affiant: Project: Exhibit K: Affidavit of Bills Paid Affiant, on oath, swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the Project. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant Signature: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the Day of , 20. Notary Public, State of Texas Print Name Commission Expires Artwork Commission Addendum between the City of Fort Worth and Page 20 of 20 Paul Kittelson for Public Art for Eastchase Parkway City of Fort Worth, Texas Mayor and Council Communication DATE: 06/10/25 M&C FILE NUMBER: M&C 25-0479 LOG NAME: 84EASTCHASE PARKWAY PUBLIC ART PROJECT SUBJECT (CD 5) Authorize the Execution of an Artwork Commission Contract with Paul Kittelson in an Amount Up to $229,336.00 for Fabrication, Delivery, Installation, and Contingencies for Artwork Located Along Eastchase Parkway at the Intersection of Meadowbrook Boulevard, Fort Worth, Texas 76120 RECOMMENDATION: It is recommended that the City Council authorize the execution of an Artwork Commission Contract with Paul Kittelson in an amount up to $229,336.00 for fabrication, delivery, installation, and contingencies for artwork along Eastchase Parkway at the intersection of Meadowbrook Boulevard, Fort Worth, Texas 76120. DISCUSSION: 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 artwork design consists of fifteen (15) 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. A total of seven (7) large stainless -steel mushroom - like structures with intricately cut patterns will populate the site alongside a heroic size snail created from layers of Corten steel. Further, a scattering of six (6) black steel ants will roam aimlessly about the perimeter while a colorful ceramic tile toad 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. Each sculpture is designed at a larger -than -life scale to create this fantastical environment. The mushrooms will be up to eight feet (8') in diameter, ranging in height from seven to twelve (7-12'); the works rest on individual concrete platforms with nature -inspired critter patterns impressed on their surfaces. Additionally the snail, designed to be eight feet (8') high by sixteen feet (16') long by five feet (5) deep, will rest on an extended pedestal which doubles as a snail trail off the existing sidewalk. Its friend, the colorful toad, is designed to be three feet six inches (3'6") tall by three feet six inches (3'6") long by three feet (T) deep. The island's ants will be approximately eighteen inches (18") tall by three feet (T) long by thirty inches (30") deep. In total, the works span approximately seventy-five feet (75') across the central portion of the traffic triangle, while the roaming ants are each a minimum of ten feet (10') from the area right-of-way. Fort Worth Art Commission (FWAC) Action: On April 21, 2025, the Fort Worth Art Commission approved the Final Design and recommended Paul Kittelson be placed under an Artwork Commission Contract. Funding is budgeted in the 2018 Bond Program Fund for the purpose of funding the FWPA Eastchase Pkwy project. Funding for the Eastchase Parkway Public Art project was approved as part of the Public Art Plan for the 2018 Bond Program, adopted by the Fort Worth City Council on November 6, 2018 as Mayor and Council Communication (M&C) G-19401. The project was included in the Fort Worth Public Art Fiscal Year 2025 Annual Work Plan, adopted by the Fort Worth City Council November 29, 2024 as M&C 24-1001. The artist shall require their subcontractors to pull all permits required for this project, however, the City shall waive any fees for these permits as this project is funded by City funds. Estimated regular maintenance for the artwork is anticipated to be $2,000.00. PROJECT BUDGET AMOUNT CONTRACT Public Art Project $39,000.00 City Secretary Management Allocation Contract (CSC) #62494 Preliminary Design $13,332.00 CSC #61888 Final Design $18,332.00 CSC #61888-AD1 Commission and $229,336.00 This M&C Contingencies TOTAL $300,000.00 FUNDING SOURCES AMOUNT 2018 Bond Program, Proposition A $300,000.00 TOTAL $300,000.00 BUSINESS EQUITY DIVISION — The Business Equity Division waived the Business Equity Goal requirement. The Arts Council of Fort Worth and Tarrant County, Inc., D/B/A Arts Fort Worth has agreed to comply with all City contracting and procurement ordinances. Arts Fort Worth will work with the appropriate City departments to provide availability and utilization reporting analysis per City ordinance requirements biannually in March and September for each fiscal year. This project is in COUNCIL DISTRICT 5 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the FWPA Eastchase Pkwy project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Library Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Midori Clark 7077 Additional Information Contact: Wesley Gentle 298-3029 Expedited