Loading...
HomeMy WebLinkAbout064307-AD1 - Construction-Related - Contract - Kathleen WarwickCSC No. 64307-AD1 Fire Station 37 Public Art Final Design Addendum This Final Design Addendum is entered into by and between the City of Fort Worth ("City"), a home- rule municipality of the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Kathleen Warwick ("Artist"), an individual located at 6004 Vickery Boulevard, Dallas, Texas. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. D/B/A Arts Fort Worth ("Contract Manager"), to manage this agreement on its behal£ The Contract Manager shall act through its designated Public Art Project Manager. WHEREAS, on November 10, 2025, the City and Artist entered into City Secretary Contract No. 64307, to develop a Conceptual Design Proposal for Public Art for the Site; and WHEREAS, on February 16, 2026, 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 artwark 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 Acknowled�ment. City and Artist acknowledge that Artist's Conceptual Design Proposal, as described in the attached Exhibit "G," was reviewed and approved by the FWAC on February 16, 2026, and is the basis for executing this Final Design Addendum with Artist. 15.2. Final Desi�n Scone 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 Ciry 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Final Design Addendum between the Ciry of Fort Worth and Page 1 of 11 Kathleen Warwick for Public Art for Fire Station #37 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 Wark, 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, 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 Wark, 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. j. Artist shall reserve a suitable stone for the purpose of ensuring availability and timely delivery of stone for implementation of the Work should the Final Design be approved. k. Artist shall create a sculpture mock-up to work through fabrication approach and practical carving issues. Artist has provided a cost estimate, including hourly labor rate, for a mock-up, attached hereto as Exhibit "M". 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. Final Design Addendum between the Ciry of Fort Worth and Page 2 of 11 Kathleen Warwick for Public Art for Fire Station #37 15.4. Final Desi�n 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.; 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, or photographs thereof, as deemed necessary by Contract Manager and/or Artist; iv. An updated, detailed final budget, on the budget form attached hereto as E�iibit "H," for Artwark Commission of the Wark in an amount not to exceed One hundred sixteen thousand, nine hundred forty-iive dollars and no cents ($116,945.00), 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 $8,995.00, and all other associated costs for the Work, with written quotes from subcontractors and vendors attached, if applicable. The Artwark Commission budget of $116,945.00 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 were previously attached to the Agreement as Exhibit "D"); and Final Design Addendum between the Ciry of Fort Worth and Page 3 of 11 Kathleen Warwick for Public Art for Fire Station #37 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 artwark relates to or engages viewers in the community; what influenced the Artwork Design; how techniques or materials relate to the content of the Wark; and how the Wark 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 priar to the scheduled Final Design presentation to the FWAC, for staffreview. 15.5. Final Desi�n 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. £ Artist shall incorporate any City-approved revisions into the Artwork Commission Addendum, if applicable, in conformance with City's requirements. g. If Artist's Final Design is approved by City, then Artist's Final Design shall be incorporated into this Agreement and shall become the basis for proceeding to the Artwork Commission phase upon Fort Worth City Council authorization. Final Design Addendum between the Ciry of Fort Worth and Page 4 of 11 Kathleen Warwick for Public Art for Fire Station #37 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 far the Wark performed under this Agreement will be retained for archival and exhibition purposes. Artist's Final Design and all other wark 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 TWENTY-NINE THOUSAND, NINE HUNDRED SEVENTY-THREE DOLLARS AND NO CENTS ($29,973.00), 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 $13,493.00, an engineering and consulting fee allowance of up to $6,000.00, a fabrication mock-up allowance of up to $3,980.00, 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. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) within thirty calendar days after Artist meets with Project Core Team for feedback on Conceptual Design Proposal. b. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty calendar days after Artist submits the Final Design Deliverables as required under Article 15.4. of this Addendum. c. TWO THOUSAND, FOUR HUNDRED NINETY-THREE DOLLARS AND NO CENTS ($2,493.00) within thirty calendar days after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5. d. City will provide an allowance of up to SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) for engineering, material samples, 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. Final Design Addendum between the Ciry of Fort Worth and Page 5 of 11 Kathleen Warwick for Public Art for Fire Station #37 e. SIX THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($6,500.00) within thirty calendar days after Artist submits proof of stone reservation. £ City will provide an allowance of up to THREE THOUSAND, NINE HLTNDRED EIGHTY DOLLARS AND NO CENTS ($3,980.00) for a sculpture fabrication mock-up. Such payment sha11 be made for services provided as outlined in cost estimate provided by Artist (a downpayment of up to 30°/o is allowed) and upon receipt of an invoice from Artist for such services. 16.3. Sales Taxes. City is a tax-exempt organization, and therefore, no state ar local sales taxes or federal excise taxes shall be due upon the project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same form as previously attached as Exhibit "E" for use by Artist in the fulfillment of this Agreement. 16.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Addendum, including, but not limited to, those for services, materials, mailing/shipping charges on submissions to City and/or Contract Manager, insurance, cost of all travel (that are not covered by a travel stipend), and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 17 TERM OF FINAL DESIGN ADDENDUM This Final Design Addendum shall take effect on the date outlined in Article 14 above and, unless terminated earlier pursuant to the provisions of the Agreement, shall extend until final payment to Artist by City of any amounts due hereunder. ARTICLE 18 CONTINUATION OF AGREEMENT The Parties hereby acknowledge and agree that, unless explicitly modified by the terms of this Final Design Addendum, all other terms and conditions of the original Agreement remain in full force and effect and shall apply throughout the duration of this Final Design Addendum. Final Design Addendum between the Ciry of Fort Worth and Page 6 of 11 Kathleen Warwick for Public Art for Fire Station #37 IN WITNESS WHEREOF, the Parties hereto have executed this Fina1 Design Addendum as of the Effective Date stated in Article 14. CITY OF FORT WORTH by: Dana �l�d��i�p�$"26 14:50:1 ST) Assistant City Manager Date: n�inai�n?� RECOMMENDED BY: .� �d�ri .C�rk�(Mar 4, 2026 14:05:28 CST) i ori ar Fort Worth Library Director Contract Compliance Manager ARTTST . � ,. C�.��-.�s"��V��V G'�� �C.(�`�� tCathleen Warwick I]ate: � � � � � ` ���� :7� [!1 By signing, I acknowledge that I am the person responsible far the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Alida Labbe Title: Public Art Project and Capital Budget Manager APPROVED AS TO FORM AND LEGALITY: %��� l�n� T y ualls Assistant City Attorney ATTESTED BY !� ��x nette S. Goodall City Secretary Form 1295: Contract Authorization: C�7��Cy1,1�:�X�%]:a�7 ���i-�-�xy:��r��:�-i FT. WORTH, TX 4,pp44pn�Il � o� FORT�aad v° �� � ���.� o �a Pvo o=d O�C'� °°Q o00 *�a �aB� nEXA54bb Final Design Addendum between the Ciry of Fort Worth and Kathleen Warwick for Public Art for Fire Station #37 Page 7 of 11 Exhibit G: Approved Conceptual Design Proposal Narrative: Inspired by the current Fire Station 37 patch, which features a black long-horned ram, the approved conceptual design is a contemporary stone sculpture honoring the resilience, strength, and heroism of Fire Station 37 firefighters and first responders. The centerpiece is a powerful black marble Bighorn Ram—Station 37's "black sheep" mascot— depicted charging forward through billowing smoke, symbolizing courage, tenacity, and the willingness to run toward danger. The ram emerges from sculpted smoke forms that subtly reference iconic firefighting imagery, reinforcing the profession's identity and mission. The sculpture rises from a strong vertical pillar mounted on an architectural plinth clad in materials matching the new firehouse, creating visual continuity with the building. The front of the pillar displays the number "37" and Fort Worth's longhorn emblem, while the rear features engraved words describing the firefighters' core values—sourced directly from the Station 37 community—to serve as daily inspiration. Carved from black marble, the sculpture combines permanence and historical gravitas with a contemporary aesthetic. Polished black surfaces contrast with textured grey tones in the ram's horns and smoke, emphasizing movement, depth, and visual drama. At approximately 7-8 feet tall including the plinth, the piece is designed for prominent placement along a key pedestrian path, ensuring visibility for both the public and station personnel. �arr�ept ��et�F� � w�k.. .' Ly 4 �T � y�5.i � �� � 5' ;W �f"µ.1`'.f -�.q.. .� �� . �• +'�'�r�}w� � _ f�' i . i- � � a � ..{ti ] •F�4}� � ' ' " 1t•:r"' � _ i,�h� W... . F . Jf- . . '�, , f . �. �'� r� "; � ' �Y; F1E�S��![# ' � � ' __ . _ _ n 1� . - s r� '�fi� };. ,�� ', ', . .. . �;•� �. �� t_ r : � � � k ,. � i r. �. �.�� '�i.:"' .. Final Design Addendum between the Ciry of Fort Worth and Page 8 of 11 Kathleen Warwick for Public Art for Fire Station #37 �la�r I�riaq��##e ��" tall (1l4 scale� � .� � �h � G �. i . _ � � ,�- . �< �', - � �:. � ,� �� � �� �` � �� ' � , : �, � . � �� . ' . � . . . '�' . _ .*. .� . . . • � �'• . �. I �I� 1�1 I'1 �I�I �• �F . . �:T��' ;. _. ..- ;' . . .� • ' , �. �. . . . .�. �� � �. �� � � r� r �� � . ...._—� ,, ,,, ,;,; �-,;• . . ;,,_.,.� ,-,. „, , ,.. � - •'�'_,�_.� . �,� .� ',-ti . . _T: _� .. � .'��S��r ■ . . . • ��L� � �r ■ •� • �� � � . . �'•••�� f• . . . . . . . . � �� . ���� �..ai . . . . . .. . . . � '� .r . �' � � � �� i , . �, � I I � � ��1� . . . . . . . . . �.. . fl 1..1. I .I. . � . _'. �_ _� . L 1 �1�. .�. .� . 1 .�. .� - .-- . : . , - - _--: -, � FS #37 Front Elevation with Sculpture ��J�' �µ ��- �. .. I ' • .��-- � r � . . � ... . .h. � •� } . •' — r � Final Design Addendum between the Ciry of Fort Worth and Page 9 of 11 Kathleen Warwick for Public Art for Fire Station #37 Exhibit H: 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 ArtisYs Labor (_ hours at $_ per hour) Fabricator / Labor by Others Rentals (equipment, fabrication space) Storage SUB-TOTAL FABRICATION COSTS ARTIST TRAVEL (Based on GSA Rates) Transportation (Airfare, Car Rental) Lodging Per Diem (Meals and incidentals) SUB-TOTAL TRAVEL I N STALLATI O N Transportation of Artwork to Site Installation CrewTravel Permits Site Preparation / Remediation Footings / Foundations Electrical Connections / Modifications Installer Labor Rentals (Scaffolding, equipment, generator) Traffic Control Security SUB-TOTAL FABRICATION COSTS � I � I � - � CosTs I INSURANCE General Liability (Prorated) Other as Applicable (Property, Auto) $ COSTS $ COSTS $ TOTAL COMMISSION PHASE � $ � � _ � SUB-TOTAL INSURANCE $ - � Attach a written quote or estimate complete with per unit costs for all items. 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 contingencyfunds shall remain with the City. Final Design Addendum between the Ciry of Fort Worth and Page 10 of 11 Kathleen Warwick for Public Art for Fire Station #37 Exhibit M: Sculpture Mock-Up Estimate BUDGET lTEi� �c�€pture h.+loc�C lJp Fre �tation #�� �ublic Art Sculpture Febru�ry 11, �026 �to�re: LFmesto�e $ 48�.00 Fabrica#ion; �0 Hours at $75lhau� $�,Q0�.00 �verhead: Prarated h+lant�rly Arnaunt $ �0�.00 E�ui�r�ent: Farklift $ �0�.�0 ��b Total $�,98�.00 Bacause of the expected �ompletion da�e o� #his p�bfic art prajact and the delay in fab�ication start da�e �fue to standard appravals arrd stane or�er �rocess I am recomment�ing to be alEowed to wor�C throu�� the discavery carving process an a limestone mocEc-up, �reatEng a mock-up in stone al€�ws m� #o work thr�ug�r the de.sign e�emen#s and the spactal ar�d practi�al issues of F�and carv�ng fhe ram sculpt�re desit�n c�osen for Fire �tat�an #37. The Fabricatian section o�f t�is b�dge� �s an estima�ian of t�re a�nount a# time f will sper�d in #esting the strength of the shapes within the des�gn, adjustkng t�e design ao�ordingly and in actuai fab�i�ation of scul�tural elemerrts. The moc�C-�p w�ll be 1 f� scale ar�e� v��ll not incl�de t�e bri�k base. Addit€onal sculpted i#ems ma}r ir�clude cloud forma#i�ns and ra�n design �p#ions. The amount of 40 #�ro€�rs is an estimate �nc} will be adjusted up ar down as rreeded. The Overhe€�d sec�Eon of t�ris bud�et includes these �rorate� s�ud�o rent and Ciabilit�+ i�sura�r�e. Respectful€y �ubmitted, F�at Warwick Final Design Addendum between the Ciry of Fort Worth and Page 11 of 11 Kathleen Warwick for Public Art for Fire Station #37 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kathleen Warwick Subject of the Agreement: Final Design of Artwork for Fire Station 37 M&C Approved by the Council? * Yes ❑ No ❑✓ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ Addendum, not Amendment If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 104711 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No ❑✓ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank