HomeMy WebLinkAboutContract 34357 CITY SECRETARY
CONTRACT NO.
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 33433
WHEREAS, on April 24, 2006, the City of Fort Worth ("City") and Sato Service, LLC
("Artist") made and entered into City Secretary Contract No. 33433 (the "Contract") as
authorized by City Council (M&C C-21231) and the City designated the Arts Council of Fort
Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Contract Artist is to develop a conceptual design for bridge
monuments and for Water Passages (Site No. 7) for the SH-121 Corridor, as identified in the
Southwest Parkway (SH-121) Corridor Master Plan (the "Work");
WHEREAS, on January 10, 2006, the City Council (M&C C-21230) authorized a
conceptual design contract with Lorna Jordan Studio to address four sites for the SH-121
Corridor, including University Drive/Trinity Park Stormwater & Cascade Pool (Site No. 3);
Montgomery Area Limestone Canyon (Site No. 8); Country Day Area (Site No. 13); and I-
20/SH-183 Interchange Area (Site No. 14);
WHEREAS, after initial approval by the City of the conceptual design contract with
Lorna Jordan Studio, Lorna Jordan Studio subsequently declined to address two sites due to
work constraints, the sites being Country Day Area (Site No. 13) and I-20/SH-183 Interchange
Area (Site No. 14);
WHEREAS, it the mutual desire of City and Artist to amend the Contract to have Artist
develop a conceptual design for the two sites declined by Lorna Jordan Studio; and
WHEREAS, the City Council authorized an amendment to the Contract for the addition
of the two sites to the Contract on August 22, 2006 (M&C C-21628).
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager,
and Sato Service, LLC, acting by and through Norie Sato, its duly authorized Manager, whose
address is 619 Western Avenue Box 14, Seattle, WA, 98104, do hereby agree as follows:
I.
Section 1.1 Scope of Services. This section is amended to be read as follows:
"a. Artist shall develop an integral conceptual design proposal for the Sites, as hereinafter
defined, in a timely manner in cooperation with the Design Team, project partners [North Texas
Tollway authority (NTTA), Texas Department of Transportation (TxDOT), and Tarrant Regional
Water District (TRWD)] and their designated design consultants, City and Arts Council staff.
The "Sites" shall include and be limited to the sites being Water Passages (Site No. 7), Country
Day Area (Site No. 13) and I-20/SH-183 Interchange Area (Site No. 14). For
CONTRACT AMENDMENT CSC NO. 33433g�~J�u
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integral conceptual design proposal shall identify or otherwise "mark" seven locations of water
passages across the Southwest Parkway corridor, specified in the Southwest Parkway Master
Plan as Site#7 and the monument insets for the bridges crossing the Trinity River, and shall have
the effect of unifying the corridor with the Trinity River. For Site No. 13, an integral conceptual
design proposal shall address natural cuts in exposed limestone. For Site No. 14, an integral
conceptual design proposal may include earthworks, sculptural elements, and/or landscaping
which may utilize excavated materials from Site #13.
Il.
Section 1.2.a Deliverables and Public Art Director Responsibility This section is amended to be
read as follows:
"a. Artist shall perform the services and furnish all supplies,materials, and equipment
necessary in a timely manner to complete the Work and provide the following
deliverables ("Deliverables") to City on mutually agreed upon date(s) which corresponds
to the NTTA's 60% PS&E drawings deadlines. Deliverables shall be submitted for City
approval and possible design development and implementation for each of the three (3)
sites listed above:
i. Presentation board(s) of conceptual design renderings at least 20"
x 30", including one (1) or more illustrative designs for each of the
sites listed in Section 1.La.; and, one (1) plan drawing for each of
the sites listed in Section 1.La.
ii. High resolution digital conceptual design renderings.
iii. Individual written narrative descriptions for each of the sites listed
in Section 1.La., including the concept, dimensions, materials,
proposed or potential methods of construction and installation, and
maintenance requirements.
iv. Assist design team with cost estimates. Written comments on the
Design Team's budget estimates.
V. Copy of Artists' PowerPoint presentation, if any."
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III.
Article 2 Compensation and Payment Schedule The Section 2.1 of this Article is amended to be
read as follows:
"2.1. Fixed Fee. The City shall pay the Artist a fixed fee in the amount of FIFTY
THOUSAND ONE HUNDRED AND NO CENTS ($50,100), which shall constitute full
compensation for all services and materials to be performed and furnished by the Artist under
this Agreement, inclusive of all travel expenses. The fee shall be paid in the following
installments, expressed as percentages (or portions) of such fixed fee, each installment to
represent full and final, non-refundable payment for all services and materials provided prior to
the due date thereof:
a. Fifteen percent (15%) within thirty (30) days of the execution of this Agreement,
recognizing that the Artist has already invested time and expense in preliminary
design team coordination with the City and its consultants.
b. Thirty percent (30%) within thirty (30) days after the Artist participates in the 2-
day workshop as required in Section 1.1.d of this Agreement.
c. Forty-five percent (45%) within thirty (30) days after the Artist submits
Deliverables, as required in Section 1.2.a.i. — iv. of this Agreement.
d. Ten percent (10%) within thirty (30) days after the Artist makes the presentation
to the SH 121 Citizens' Advisory Group and the Fort Worth Art Commission as
required in Section l.l.d. of this Agreement and provides a copy of the
presentation PowerPoint, as required in Section 1.2.a.v. of this Agreement."
Funds previously paid to the Artist prior to this amendment shall apply toward the total fixed fee.
IV.
Article 7 Equal Opportunity The Sections Ta and 7.b of this Article is amended to be read as
follows:
CONTRACT AMENDMENT CSC NO. 33433
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" a. The Artist shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, disability, familial status or national
origin. The Artist shall take affirmative action to ensure that employees are treated equally
during employment, without regard to their race, color, religion, sex, sexual orientation and
national origin. Such action shall include but not be limited to the following: Employment,
upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection
for training, including apprenticeship. The Artist agrees to post in conspicuous places, available
to employees and applications for employment, notices to be provided by the City setting forth
the provision of this nondiscrimination clause.
b. The Artist shall in all solicitation or advertisements for employment placed on or
on behalf of the Artist, state that all qualified applicants shall receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, disability, familial
status or national origin."
V.
Article 8 Miscellaneous The Section 8.16 of this Article is hereby amended to be read as
follows:
"8.16 Right to Audit. The Artist agrees that the City will have the right to audit the financial
and business records of the Artist that relate to the Work (collectively "Records") at any time
during the Term of this Agreement and for three (3) years thereafter in order to determine
compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years
thereafter, the Artist shall make all Records available to the City on 1000 Throckmorton Street,
Fort Worth, Texas or at another location in the City acceptable to both parties following
reasonable advance notice by the City and shall otherwise cooperate fully with the City during
any audit. Notwithstanding anything to the contrary herein, this Section 8.16 shall survive
expiration or earlier termination of this Agreement."
All other terms and conditions of City Secretary Contract No. 33433 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
CONTRACT AMENDMENT CSC NO.33433 Pa e 4
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IN WITNESS WHEREOF, the parties..hereto hay execute q to r copies of this contract
amendment in Fort Worth, Texas, this day of 2006.
ATTEST: CITY FORT W H
By:
City Secretary 0 1ihhy Watson
Assistant City Manager
AP ROVED AS TO FORM AND LEGALITY:
Jj'1 /
ssistant City Att ney
SATO SERVjCE,
Contract Authorization
y: orie Sato
_ Title: 1-e�fi 7Pk
Date
CONTRACT AMENDMENT CSC NO. 33433 a;;��';1 '�g'e15 •,;`'„;i
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on2� 2006
by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort
Worth, Texas.
;4rrriy ROSEUABARNES NOTARY PUBLIC, STATE OF TEXAS
�•; '= MY COMMISSION EXPIRES
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STATE OF WAS1 HINGTON §
COUNTY OF 1��. §
On this 3 day of ivO`� ^`� - , 2006, before me, the undersigned, a Notary
Public in and for the State of Washington, duly pommissioned and sworn, personally appeared
Norie Sato, to me known to be the 0Wv1e.4- 9-\v,e4- of Sato Service, LLC, the limited
liability company that executed the foregoing instrument and acknowledged the said instrument
to be the free and voluntary act of and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that Norie Sato is authorized to execute the said
instrument.
Witness my hand and seal the day and year first above written.
Given under my hand and seal of office this day of ��a✓ 1oZ , 20
Notary ublic residing at 723 �5r 4ve-
Printed Name: 4 G,vL
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My Commission Expires: A.A&L
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006
DATE: Tuesday, August 22, 2006
LOG NAME: 03SAT02121ART REFERENCE NO.: C-21628
SUBJECT:
Authorize Amendment No. 1 to the Conceptual Design Contract with Sato Service, LLC (Norie Sato)
to Develop Two Additional Specific, Integral Public Art/Design Enhancement Proposals for the SH-
121 Corridor, as Identified in the Southwest Parkway (SH-121) Corridor Master Plan
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to Execute Amendment No. 1 to the
Conceptual Design Contract with Sato Service, LLC (Norie Sato), City Secretary No. 33443, to add two
additional sites - Country Day Area (Site No. 13) and 1-20/SH-183 Interchange Area (Site No. 14) - to the
scope of work, in the amount of$32,000, thereby increasing the contract amount to $50,100.
DISCUSSION:
Amendment No. 1 to the Conceptual Design Contract with Sato Service, LLC (Norie Sato) will enable the
artist to develop two additional specific, integral public art/design enhancement proposals for the SH-121
Corridor, which were removed from the scope of work in Lorna Jordan Studio's SH-121 Corridor Conceptual
Design Contract.
On January 10, 2006, the City Council approved the following Conceptual Design Contracts for integral
Public Art/Design Enhancement Proposals for the SH-121 Corridor, as identified in the Southwest Parkway
(SH-121) Corridor Master Plan:
1. Norie Sato (M&C C-21231) to address Water Passages (Site No. 7), including bridge monument insets
for bridges crossing the Trinity River, in an amount not to exceed $18,100 from 2004 Capital Improvement
Program (CIP) Public Art funds; and
2. Lorna Jordan Studio (M&C C-21230) to address University Drive/Trinity Park Stormwater & Cascade
Pool (Site No. 3); Montgomery Area Limestone Canyon (Site No. 8); Country Day Area (Site No. 13); and I-
20/SH-183 Interchange Area (Site No. 14), in an amount not to exceed $63,000 from 2004 CIP Public Art
funds.
Lorna Jordan Studio has subsequently declined to address the following two sites, due to workload
constraints: 1) Country Day Area (Site No. 13); and 2) 1-20/SH-183 Interchange Area (Site No. 14). Thus,
the amended Conceptual Design Contract with Lorna Jordan Studio includes only: 1) the University
Drive/Trinity Park Stormwater & Cascade Pool (Site No. 3); and 2) the Montgomery Area Limestone Canyon
(Site No. 8), for a revised contract amount not to exceed $33,000.
Norie Sato is willing to add the Country Day Area (Site No. 13) and the 1-20/SH-183 Interchange Area (Site
No. 14) to her scope of work for an additional fee of $32,000, for a total contract not to exceed $50,100,
which results in a net increase of$2,000 for the conceptual design phase of SH121-T public art.
BACKGROUND:
On October 25, 2005, the City Council adopted the Southwest Parkway (SH-121) Corridor Master Plan,
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007
Page 2 of 2
which identified 15 public art/design enhancement opportunities along the corridor. On January 3, 2006,
the Fort Worth Art Commission (FWAC) recommended that artists Norie Sato and Lorna Jordan be
engaged for the conceptual design work. On March 20, 2006, the FWAC made a recommendation that the
contract with Sato Service, LLC (Norie Sato) be amended to enable her to develop conceptual design
proposals for Country Day Area (Site No. 13) and 1-20/SH-183 Interchange Area (Site No. 14), as identified
in the Southwest Parkway (SH-121) Corridor Master Plan.
In order to develop integral conceptual design proposals for five sites included in the Corridor Master Plan,
which must be incorporated into construction documents in order to be implemented, the artists are working
closely with the five design teams hired by the North Texas Tollway Authority (NTTA), which is in the
process of completing PS&E (Plans, Specifications and Engineering) in order to determine feasibility and
budget requirements for each concept. Once the work is complete under the artists' contracts, the City,
along with its project partners [NTTA and the Texas Department of Transportation (TxDOT)], shall
determine the feasibility of moving forward into design development. The Citizens' Advisory Group (CAG)
and FWAC will be asked to make recommendations to the City Council in this regard. It is anticipated that
opportunities identified in the Southwest Parkway(SH-121) Corridor Master Plan that are not integral to the
design of the tollway, such as gateway elements into neighborhoods, may be addressed at a later date.
The City's overall M/WBE goal for the Fort Worth Public Art program is 25% of total capital project dollars
expended on public art annually.
This project will serve residents in various City Council Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
SH121 Tollway - Southwest Parkway Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C221 539120 303980000531 $32,000.00
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Sandy Oliver (7371)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007