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HomeMy WebLinkAbout062960-AD1 - Construction-Related - Contract - Trevor O'ToolCSC No. 62960-AD1 Final Design Addendum This Final Design Addendum is entered into by and between the City of Fort Worth ("Texas"), a home -rule municipality of the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Trevor O'Tool ("Artist"), an individual located at 1445 E. Hampton Street, Tucson, Arizona 85719. 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 behalf. The Contract Manager shall act through its designated Public Art Project Manager. WHEREAS, on March 14, 2025, the City and Artist entered into City Secretary Contract No. 62960 (the "Agreement"), to develop a Preliminary Design for Public Art for the Site; and WHEREAS, on February 16, 2026, the FWAC approved Artist's Preliminary Design and recommended that the Artist be placed under contract to develop a Final Design based on the Preliminary Design for public artwork to be incorporated into the Site; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Final Design shall be developed to promote the integrity of Artist's ideas and statements as represented by the Work; NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 14 EFFECTIVE DATE OF FINAL DESIGN ADDENDUM The effective date of this Final Design Addendum is the date this Addendum is executed by the City. ARTICLE 15 FINAL DESIGN SCOPE OF SERVICES AND DELIVERABLES 15.1 Acknowledgment. City and Artist acknowledge that Artist's Preliminary Design, as described in the attached Exhibit "F," 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 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX this Agreement. Artist shall address the feedback received during the Preliminary Design Review process from the FWAC, Project Core Team, and Project Stakeholders. C. The location at the Site on which the Work shall be installed shall be mutually agreed upon by City and Artist. d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, siting of the Work, permitting, and accessibility, as applicable. e. Artist shall meet and coordinate with City staff, Project Consultant(s), and others, as necessary, to integrate the Work into the Site in terms of structural support, 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; ii. A final written narrative for the Work, describing the following: (1) Artist's Final Design concept; (2) timeline for completion; (3) proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist's subcontractor(s), if any, for the Work; and (4) maintenance requirements for all elements of the Work as dictated by the Artist, along with cost estimates for annual maintenance; iii. Material or fabrication samples, as deemed necessary by Contract Manager and/or Artist; iv. An updated, detailed final budget, on the budget form attached hereto as Exhibit "G," for Artwork Commission of the Work in an amount not to exceed $454,461.00 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 $26,686.00, and all other associated costs for the Work, with written quotes from subcontractors and vendors attached, if applicable. The Artwork Commission budget of $454,461.00 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 as Exhibit "C" to the Agreement; 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 for staff review at least three weeks prior to the scheduled Final Design presentation to the FWAC. 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 Preliminary Design Agreement, which is the foundation for this Final Design Addendum. ARTICLE 16 FINAL DESIGN COMPENSATION AND PAYMENT SCHEDULE 16.1. Compensation. Total compensation to Artist under this Final Design Addendum shall be in an amount not to exceed FOURTY THOUSAND NINE -HUNDRED TWO DOLLARS and ZERO CENTS ($40,902.00), 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 $25,902.00, an engineering and consulting fee allowance of up to $15,000.00, insurance (if applicable), material samples, and any and all other costs for services performed and materials furnished by Artist under this Final Design Addendum. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Final Design Addendum. Artist and City may amend the Agreement to allow for additional payment if additional services are required. 16.2. Payment Schedule. City agrees to pay Artist in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. TEN THOUSAND TWO HUNDRED TWENTY-SIX DOLLARS AND ZERO CENTS ($10,226.00) within thirty calendar days of the Effective Date of this Final Design Addendum and after City issuance of a purchase order. b. TEN THOUSAND TWO HUNDRED TWENTY-SIX DOLLARS AND ZERO CENTS ($10,226.00) within thirty calendar days after Artist submits the Final Design Deliverables as required under Article 15.4 of this Addendum. C. TEN THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS AND ZERO CENTS ($10,225.00) within thirty calendar days after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5. d. TEN THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS AND ZERO CENTS ($10,225.00) within thirty calendar days after City's approval of the Final Design. 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 previously attached to the Agreement 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, costs of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Addendum. 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 owed under this Addendum or any subsequent Commission Addendum (if applicable). 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 and any subsequent Commission Addendum (if applicable). IN WITNESS WHEREOF, the Parties hereto have executed this Final Design Addendum as of the Effective Date stated in Article 14. CITY OF FORT WORTH by: D&Kg/ 8 (/li{^ h Dana RgaJadff, f , 2026 09:27126 CDT) Assistant City Manager Date:05/77/7f126 . ,-�. RECOMMENDED BY: 'XZt_ Mori Clark May 27, 2026 09: 1:32CDT) Midori Clark, Library Director Contract Compliance Manager ARTIST Trevor O'Tool Date: S1/51202(. 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. -OVA Q. �t6f-' Name: Adam Neese Title: Public Art Collection and Project Manager APPROVED AS TO FORM AND LEGALITY: Ttty Qualls Assistant City Attorney Q — oaaq� ATTESTED BY: _ pd vF 9 p a s '•i4 Ov= oSA pp * 00 000 *pd J, mette S. Goodall City Secretary Form 1295: Contract Authorization: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH ART COMMISSION MMAf3 MEETING DATE: December 15, 2025 AGENDA ITEM: VI.a. PROJECT NAME: Gateway Park ACTION ITEM: Approve Artist Trevor O'Tool's Preliminary Design for Gateway Park, 750 Beach Street, 76111 (Council District 11, Commissioners Giddings -Brooks and Newburn) aLTATJ V For the Gateway Park Public Art Project, Trevor O'Tool proposes a playful oversized armadillo astride a large see saw, apparently held aloft by an unseen companion on the other end. The artwork engages visitors to the park with its approachableness, humor and larger than life quality. While signage will instruct visitors not to climb the artwork, it invites all nimble enough to take a seat and a selfie. The artwork's subject speaks to a gentle, suburban animal so many are familiar with, while also taking part in the play and recreation themes that are central to the park, without celebrating a particular sport or user group, something cited as important by the Project Core Team. The artwork's location adjacent to Streams and Valley Circle Drive and disc golf will make it readily visible and accessible to drivers and pedestrians. The armadillo will be fabricated by the artist using a clay modeling and lost was process. Cast in sections in bronze it will be welded, smoothed and patinaed prior to transport and installation. The see saw will be fabricated in stainless steel and skinned in polycarbonate or a similar material to keep the see saw bench from being too hot to touch in the summer. The artist has engineered the see saw and the support structure to withstand the weight of the armadillo and guests sitting on the bench. The and the pedestal base is designed to accommodate being in a flood plain. The artist will share further details of the Preliminary Design during their presentation via phone at the Fort Worth Art Commission meeting on Monday, December 15, 2025. Project Manager: Anne Allen Email: aallen@artsfortworth.orp Phone: 817 298 3028 CITY OF FORT WORTH ART COMMISSION • ' • ' W� Page I of 3 MEETING DATE: December 15, 2025 AGENDA ITEM: VI.a. PROJECT NAME: Gateway Park ACTION ITEM: Approve Artist Trevor O'Tool's Preliminary Design for Gateway Park, 750 Beach Street, 76111 (Council District 11, Commissioners Giddings -Brooks and Newburn) PROJECT SUMMARY • The Fort Worth Art Commission (FWAC) approved the Gateway Park Public Art Project Outline on August 19, 2024 • The FWAC approved Trevor O'Tool as the artist for Gateway Park on December 19, 2024 • The artist was placed under a Preliminary Design Contract on March 14, 2025 (CSC #62960) • The artist conducted a site visit and met with the Project Core Team and City staff for input prior to beginning concept development on June 4, 2025 • The artist met virtually with the Project Core Team and presented four concepts for input on September 29, 2025, and subsequently chose one to develop in Preliminary Design STAFF RECOMMENDATION Staff have reviewed the Preliminary Design Deliverables and recommends approval of the Preliminary Design. The public art project manager (listed below) is available to answer questions prior to and during the meeting. NEXT STEPS Upon the Fort Worth Art Commission's approval of the Preliminary Design, the artist will be placed under a Final Design agreement to further refine the design and engineering. The Final Design will then be presented to the Project Core Team and the Art Commission for discussion and approval at a future date. SITE MAPS o r 40h 0. 0­ Project Manager: Anne Allen Email: aallen@artsfortworth.org Phone: 817 298 3028 0 -ifORI WORTH PUBLIC ART MEETING DATE: December 15, 2025 PROJECT NAME: Gateway Park AGENDA ITEM: VI.a. CITY OF FORT WORTH ART COMMISSION Pale 3 of 3 ACTION ITEM: Approve Artist Trevor O'Tool's Preliminary Design for Gateway Park, 750 Beach Street, 76111 (Council District 11, Commissioners Giddings -Brooks and Newburn) PRELIMINARY DESIGN PREVIEW w} Project Manager: Anne Allen Email: aallen@artsfortworth.orp Phone: 817 298 3028 Exhibit G: Budget Form (Commission Phase) ,PROJECT•• FEES COSTS Artist's Fee (Design, Studio Overhead, Admin) Engineer Lighting Designer Conservator Other Consultants SUB -TOTAL FEES $ ,PROJECT••MENT TEMPLATE FEES - COMMISSION COSTS Artist's Fee (Design, Studio Overhead, Admin) Engineer Lighting Designer Conservator Photographer Other Consultants SUB -TOTAL FEES I $ FABRICATION COSTS 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 COSTS General Liability (Prorated) Other as Applicable (Property, Auto) SUB -TOTAL TRAVEL j $ iASE AS ARTIST TRAVEL (Based on GSA Rates) COSTS Transportation (Airfare, Car Rental) Lodging Per Diem (Meals and incidentals) SUB -TOTAL TRAVEL $ TOTAL FINAL DESIGN PHASE $ - ARTIST TRAVEL (Based on GSA Rates) COSTS Transportation (Airfare, Car Rental) Lodging Per Diem (Meals and incidentals) SUB TOTALTRAVEL $ INSTALLATION COSTS 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 $ COMMISSION PHASE $ - CITY HELD CONTINGENCY $ TOTAL COMMISSION + CONTINGENCY $ Attach a written quote or estimate complete with per unit costs for all items. City held contingeny funds are only accessed for unforeseen costs with supporting documentation approved by contract manager. Any unused contingency funds shalt remain with the City. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Trevor O'Toole Subject of the Agreement: Gateway Park Artwork Final Design Addendum M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No ❑ CSC no. 62960 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101982 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.