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HomeMy WebLinkAbout063803-AD1 - Construction-Related - Contract - Milagros, LLCOFFICIAL RECORD CITY SECRETARY CSC No. 63803-AD1 FT. WORTH, TX Everman Parkway Final Design Addendum This Final Design Addendum is entered into by and between the City of Fort Worth, Texas ("City"), a home -rule municipality situated in the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Milagros LLC ("Artist"), a Louisiana limited liability company, acting by and through Alvin Joseph Fillastre IV, its duly authorized co-owner, located at 4603 Baccich Street, New Orleans, Louisiana 70122. 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 August 11, 2025, the City and Artist entered into City Secretary Contract No. 63803 (the "Agreement"), to develop a Preliminary Design for Public Art for the Site; and WHEREAS, on May 18, 2026, the FWAC approved Artist's Preliminary Design and recommended that the Artist develop a Final Design based on the Preliminary Design; 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 approved Preliminary Design, as described in the attached Exhibit "F," was reviewed and approved by the FWAC on May 18, 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 the Agreement and this Final Design Addendum. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement between the City of Fort Worth and Page 1 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway 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 and required third -party reviewers 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. City, upon request by Artist, shall 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 Agreement between the City of Fort Worth and Page 2 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway clearly shows site dimensions. Upon City request, Artist shall make a sample mock-up of the Final Design. ii. A final written narrative for the Work, describing the following: (1) Artist's Final Design concept; (2) timeline for completion; (3) proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist's 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 FOUR HUNDRED SIXTY- EIGHT THOUSAND, SIX HUNDRED EIGHTY-FIVE DOLLARS AND ZERO CENTS ($468,685.00) 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 $25,328.00, and all other associated costs for the Work, with written quotes from subcontractors and vendors attached, if applicable. The Artwork Commission budget of $468,685.00 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). vi. 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. Agreement between the City of Fort Worth and Page 3 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway C. Final Design Deliverables shall be submitted to the Contract Manager at least three weeks prior to the scheduled Final Design presentation to the FWAC, for staff review. 15.5. Final Design Review. a. Upon submission of the Final Design Deliverables and acceptance by Contract Manager, Artist shall present the Final Design to the FWAC, Project Core Team, Project Stakeholders, City staff, and other community members for the FWAC's approval at a regularly scheduled FWAC meeting. If the Final 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 any subsequent 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 the Agreement, which is the foundation for this Final Design Addendum. Agreement between the City of Fort Worth and Page 4 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway 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 SIXTY-ONE THOUSAND DOLLARS AND ZERO CENTS $61,000.00, 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 $29,500.00, an engineering and consulting fee allowance of up to $30,000.00, a travel allowance of up to $1,500.00, 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. SEVEN THOUSAND DOLLARS AND ZERO CENTS ($7,000.00) within thirty calendar days of the Effective Date of this Final Design Addendum and after City issuance of a purchase order. b. TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00) within thirty calendar days after Artist submits the Final Design Deliverables as required under Article 15.4 of this Addendum. C. SEVEN THOUSAND DOLLARS AND ZERO CENTS ($7,000.00) within thirty calendar days after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5. d. FIVE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($5,500.00) within thirty calendar days after City's approval of the Final Design. e. City will provide an allowance of up to THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) for engineering, material samples, mock-ups, professional services, City -required third - parry reviews, 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. f. City will provide a travel stipend of up to ONE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($1,500.00) for travel costs for up to one trip by Artist, provided that Project Manager has approved the travel in writing, in advance. This stipend shall cover all allowable travel expenses consistent with GSA Guidelines after travel occurs up to $1,500.00. 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 Agreement between the City of Fort Worth and Page 5 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway 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, 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 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 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. Agreement between the City of Fort Worth and Page 6 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway 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: DaniJ0&FgM109W0UA 259 11:10:35 CDT) Assistant City Manager I-kq 001170 ire Biel A "D 11]I�\ �� ZIliZ\ Il by: , X&- Midori4Clark.(J8I k 2026 13:41:11 CDT) i on ar Fort Worth Library Director Contract Compliance Manager ARTIST *44> Alvin Jo eph Fillastre IV Milagros LLC Date: 6/30/2026 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. ` r 4� 'L—. Name: Michelle Richardson Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: y Q 7 p4UUpIl T a s a�F Foero 40 Assistant City Attorney Sao° ° o000 v°tea o9.+0 Ov8 o=d ATTESTED BY: °oar as a \ - _ J,dnette S. Goodall City Secretary Form 1295: Contract Authorization: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement between the City of Fort Worth and Page 7 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway Exhibit F: Approved Preliminary Design 800, Agreement between the City of Fort Worth and Page 8 of 9 Milagros LLC for Final Design of Public Art for Everman Parkway Exhibit G: Budget Form (Commission Phase) FEES COSTS Artist's Fee (Design, Studio Overhead, Admin) Engineer Lighting Designer Conservator Photographer Other Consultants SUB -TOTAL FEES $ - 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 $ ARTIST TRAVEL (Based on GSA Rates) COSTS Transportation (Airfare, Car Rental) Lodging Per Diem (Meals and incidentals) SUB -TOTAL TRAVEL $ 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 1 $ - CITY HELD CONTINGENCY $ TOTAL COMMISSION +CONTINGENCY $ Attach a written quote or estimate complete with per unit costs for all items. City held contingenyfunds are only accessed for unforeseen costs with supporting documentation approved by contract manager. Any unused contingency funds shall remain with the City. Agreement between the City of Fort Worth and Page 9 of 9 Milagros LLC for Final Design of Public Art for Evennan Parkway FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Milaqros LLC Subject of the Agreement: Everman Parkway Final Design Addendum M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 63803-AD 1 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 9 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 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If'applicable. 104708 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No 8 Contracts need to be routed for CSO processing in the following 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.