Loading...
HomeMy WebLinkAbout065496 - Construction-Related - Contract - Kathleen WarwickCSC No. 65496 Fire Station 37 Artwork Commission Addendum This Artwork Commission 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 its duty 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. DB/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, the Final Design Addendum to City Secretary Contract No. 64307 was executed on March 4, 2026; and WHEREAS, on May 18, 2026, 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 March 31, 2026, 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 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 executed by the City. ARTICLE 20 ARTWORK COMMISSION PHASE SCOPE OF SERVICES AND DELIVERABLES 20.1 Acknowledgment. City and Artist acknowledge that Artist's Final Design, as described and depicted in the attached Exhibit "J," was reviewed and approved by the FWAC on May 18, 2026. 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 OFFICIAL RECORD CITY SECRETARY Agreement between the City of Fort Worth and FT. WORTH, TX Page 1 of 17 Kathleen Warwick for Public Art for Fire Station 437 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. 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 inauguration 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. 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 "ublicart. 20.3. City Assistance. Artist may request from the City scaled drawings of the Site, if available, and City shall communicate with Artist as necessary regarding proposed building materials and site planning issues. 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. Agreement between the City of Fort Worth and Page 2 of 17 Kathleen Warwick for Public Art for Fire Station #37 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 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 or otherwise 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 this Agreement. 20.5. Delivery and Installation. a. Artist shall carry insurance as set out in Exhibit "D," previously attached to the Agreement. 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. Agreement between the City of Fort Worth and Page 3 of 17 Kathleen Warwick for Public Art for Fire Station #37 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 "K." 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 Final Design Addendum. 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 "L," 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 - Agreement between the City of Fort Worth and Page 4 of 17 Kathleen Warwick for Public Art for Fire Station #37 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 at least 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 and during Artist's lifetime 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 Agreement between the City of Fort Worth and Page 5 of 17 Kathleen Warwick for Public Art for Fire Station #37 of a qualified restorative conservator and maintenance expert. f. Acceptable Standard of Display. Artist represents and warrants each of the following: i. 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 do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling. g. 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. h. If City fails to maintain the Work in good condition, Artist 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.fwpublicart.org) 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. Agreement between the City of Fort Worth and Page 6 of 17 Kathleen Warwick for Public Art for Fire Station #37 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. 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 this Artwork Commission Addendum shall be in an amount not to exceed ONE HUNDRED THIRTY-SEVEN THOUSAND, TWO DOLLARS AND NO CENTS ($137,002.00), which shall constitute full compensation for all services to be performed and materials to be Agreement between the City of Fort Worth and Page 7 of 17 Kathleen Warwick for Public Art for Fire Station #37 furnished by Artist under this Agreement, including, but not limited to, fabrication, transportation, installation, remaining Artist's Fee of $8,995.00, insurance, incidental costs, a City -held contingency of $16,357.00, 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. FORTY-TWO THOUSAND DOLLARS AND NO CENTS ($42,000.00) within thirty calendar days of the Effective Date of this Addendum and after City issuance of a purchase order. b. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) within thirty calendar days of Contract Manager's verification of 50% fabrication. C. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) within thirty calendar days of Contract Manager's verification that the Work is 100% fabricated and ready to install. d. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) within thirty calendar days of Contract Manager's verification that the Work is installed. e. EIGHT THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND NO CENTS ($8,645.00) 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 SIXTEEN THOUSAND, THREE HUNDRED FIFTY-SEVEN DOLLARS AND NO CENTS ($16,357.00) 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 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. Agreement between the City of Fort Worth and Page 8 of 17 Kathleen Warwick for Public Art for Fire Station #37 ARTICLE 24 CONTINUATION OF AGREEMENT 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. Agreement between the City of Fort Worth and Page 9 of 17 Kathleen Warwick for Public Art for Fire Station #37 IN WITNESS WHEREOF, the Parties hereto have executed this Commission Addendum as of the Effective Date stated in Article 19. CITY OF FORT WORTH: bytww/ 8 (iW Dana t 2616:4! CDT) Assistant City Manager �. reviTIT.01WIM RECOMMENDED BY: . /L Midori GI rk (Jun 16, 2026 14:16:01 CDT) Midori lark Fort Worth Library Director Contract Compliance Manager ARTIST: .1 Kathleen Warwick Date: V,. 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. �0� Alida Labbe Title: Public Art Project and Capital Budget Manager APPROVED AS TO FORM AND LEGALITY: Tr Qualls Assistant City Attorney Qo4�annnn � OF fORT�aO da>oA %°09d0 ATTESTED BY: Ovo o=C J,Wnette S. Goodall City Secretary Form 1295:2026-1416406 Contract Authorization: M&C # 26-0212 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement between the City of Fort Worth and Kathleen Warwick for Public Art for Fire Station 937 Page 10 of 17 Exhibit J: Approved Final Design Design Description: 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. Based on input from the Project Core Team, one side will feature flora and fawna to honor the brush fire team at the station, and the other will have homes and cityscape to honor the EMS team for the work they do in serving the people from homes to workplaces. 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. The lower section of the plinth will be clad in brick matching that of the Fire Station. 0 30 60 1 I ica 6 s Site Plan — - X - GRAPHIC SCALE30 2" DOMESTIC WATER LINE (PRIVATE) e , WATER SERVICES o cas I -1' FIRE STATION #37 REFER TO SHEET 6 OF 18 I WATER SERVICES I I. 6" FIRE WATER LINE I (PRIVATE) 2" IRRIGATION AT ` X 16WATE��� WATER LINE15' NOTICE TO FGITIES (PRIVATE) I 10' X 10' STREET LIGHT NOTICE TO FACILITIES ' ^ PEDESTRIAN ACCESS 6" SANITARY - NOTICE TO FACILITIES SEWER LINE (PRIVATE) X I i - Agreement between the City of Fort Worth and Page 11 of 17 Kathleen Warwick for Public Art for Fire Station 437 Concept Sketch �L Y-r 4 F Structure and Materials i i 7*z ' � Fii�r- Wc[vn rK Black Marble Sculpture, Polished & Textured Fire Station #37 Bricks Plinth W Agreement between the City of Fort Worth and Kathleen Warwick for Public Art for Fire Station #37 Page 12 of 17 Exhibit K: 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: Pedestal or Pad Material: _ Pedestal or Pad Dimensions: Height: Width: Width: Location & Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Depth: Depth: Agreement between the City of Fort Worth and Page 13 of 17 Kathleen Warwick for Public Art for Fire Station #37 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): Agreement between the City of Fort Worth and Page 14 of 17 Kathleen Warwick for Public Art for Fire Station #37 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 available;list 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: (Please attach Conservator's Long -Term Maintenance Recommendations) Unusual or Special Circumstances of Note: Agreement between the City of Fort Worth and Page 15 of 17 Kathleen Warwick for Public Art for Fire Station #37 Artist's Intention Please describe your view of how the artwork will change over time, including in response to environmental conditions. 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. Agreement between the City of Fort Worth and Page 16 of 17 Kathleen Warwick for Public Art for Fire Station #37 AFFIDAVIT OF BILLS PAID Date: Affiant ("Artist"): Project: Exhibit L: 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 Agreement between the City of Fort Worth and Page 17 of 17 Kathleen Warwick for Public Art for Fire Station #37 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0212 LOG NAME: 84 FIRE STATION 37 PUBLIC ART PROJECT SUBJECT (CD 4) Authorize Execution of Artwork Commission Contract with Kathleen Warwick in an Amount Up to $133,602.00 for Fabrication, Delivery, Installation, and Contingencies for Artwork to be Located at the New Fire Station 37, 10600 Alta Vista Road, Fort Worth, Texas 76244 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of artwork commission contract with Kathleen Warwick in an amount up to $133,602.00 for fabrication, delivery, installation, and contingencies for artwork to be located at the new Fire Station 37, 10600 Alta Vista Road, Fort Worth, Texas 76244. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of commission contract with Kathleen Warwick. Inspired by the current Fire Station 37 patch, which features a black long -horned ram, the approved conceptual design by artist Kathleen Warwick 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 8 feet tall including the plinth, the piece is designed for prominent placement near the entry of the fire station, ensuring visibility for both the public and station personnel. Although the artist's final design has not yet been approved by the Fort Worth Art Commission, in order to streamline the timeline for commissioning of the sculpture, staff recommends Council authorize a commission contract with this M&C, subject to the Art Commission approving the final design at an Art Commission meeting. This will allow the artist to complete the final design and, upon Art Commission approval of the final design, proceed to a commission contract, expediting completion of the artwork in alignment with the completion of construction of Fire Station 37. However, no commission contract will be executed until a final design has been approved by the Art Commission. Fort Worth Art Commission (FWAC) Action: Kathleen Warwick was one of three finalist artists contracted to create conceptual design proposals during the artist selection process. On February 16, 2026, the Fort Worth Art Commission approved the selection of Artist Kathleen Warwick and the artist's proposed Conceptual Design and recommended Kathleen Warwick be placed under an artwork final design contract. The final design will be approved by the Fort Worth Art Commission before the artist can move into the commission phase. Funding for the Fire Station 37 Public Art Project was approved as part of the Public Art Plan for the 2022 Bond Program, adopted by the Fort Worth City Council on November 29, 2022, as M&C 22-0935. The project was included in the Fort Worth Public Art Fiscal Year 2026 Annual Work Plan, adopted by the Fort Worth City Council December 9, 2025, as M&C 25-1127. The artist shall require their subcontractors to obtain all permits required for this project, however, the City shall waive any fees for these permits as this project is funded by City funds. PROJECT BUDGET AMOUNT CONTRACT Public Art Project Management $29925.00 City Secretary Contract Allocation (CSC) #63991 Conceptual Design Proposals $6,000.00 CSC #64306,64307,64309 Final Design $29,973.00 CSC Pending Execution Commission and Contingencies $133,602.00 This M&C TOTAL $199,500.00 FUNDING SOURCES AMOUNT 2022 Bond, Proposition D $199,500.00 TOTAL $199,500.00 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the 2022 Bond Program Fund for the Library Department for the purpose of funding the FWPA Fire Station 37 project, as appropriated. Council Member Charles Lauersdorf concurs with the FWAC's recommendation for Kathleen Warwick to refine her proposal into a final design, and upon approval, fabricate, deliver, and install artwork at Fire Station 37. This project is located in Council District 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the FWPA Fire Station 37 project to support the approval of the above recommendation and execution of the commission. Prior to any expenditure being incurred, the Library Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Midori Clark 7707 Additional Information Contact: Wesley Gentle 817-298-3029 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kathleen Warwick Subject of the Agreement: Commission of Artwork for Fire Station 37 (fabrication, delivery, and installation of sculpture) M&C Approved by the Council? * Yes 0 No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 Addendum, not Amendment If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ 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 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104711 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No 0 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.