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Home My WebLink AboutContract 44615-A1 (2)�� e�� r�� , � � � �� '� FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44615 AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND SATO SERVICE, LLC FOR CHISHOLM TRAIL PARKWAY (SH-121T) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44615 ("Fiist Amendment") is made and entered into by and between the City of Fort Worth, a home- rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Sato Service, LLC, a Washington Limited Liability Company, located at 1045 NE 88t�' Seattle, Washington 98115, and acting by and through Norie Sato, its duly authorized Member/Manager. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behal£ The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on July 10, 2013, the City and Artist made and entered into City Secretary Contract No. 44615, an agreement for fabrication, delivery, and installation of public art for Chisholm Trail Parkway (SH-121T) ("Agreement"); WHEREAS, Ai�tist requests an adjustment to the payment schedule to coincide with the payment schedule in Artist's agreement with the fabricator/installer of the Work. NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: I. � � c-, � � m 0 � � � 0 � � � �: Article 3.2 "Payment Schedule" of the Agreement is deleted in its entirety and is replaced to read as follows: "3.2. Payment Schedule a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: First Amendment to CSC 44615 Execution Copy 10/22/14 `�— � ��t�OR� ��1C1� c�l'i� 5��'�� ;. 1�• ��'�"�— i. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SEVEN CENTS ($209,952.77� upon execution of this Agreement. ii. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SEVEN CENTS ($209,952.77� upon Contract Manager's verification of 50% fabrication of the Work. iii. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SIX CENTS ($209,952.76) upon Contract Manager's verification that the Work is ready to instal]. iv. ONE HUNDRED FOUR THOUSAND NINE HUNDRED SEVENTY- SIX DOLLARS AND SIXTY-FIVE CENTS ($104,976.65� upon Contract Manager's verification that mosaic installation on eight (8) Water Crossing Markers is complete. v. ONE HUNDRED FOUR THOUSAND NINE HUNDRED SEVENTY- SIX DOLLARS AND ELEVEN CENTS ($104,976.11 � upon Contract Manager's verification that the insta]lation of the Work is 100% complete. vi. EIGHT THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS AND NINETY-FOUR CENTS ($8,482.94� within thirty-�ve (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to Artist (see Article 2); provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) days after Final Acceptance. vii. City may pay Artist contingency funds in an amount up to FIFTY-EIGHT THOUSAND EIGHT HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS ($58,884.00� for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication or installation costs. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional costs." First Amendment to CSC 44615 2 of 3 Execution Copy 10/22/l4 II. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. III. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties e eto have cecuted fiv copies of this First Amendment in Fort Worth, Texas, on the �-�day of -- :;' ; -, 2014. CITY OF FORT WORTH by: ��?�•.�-•10��-- Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: ;�, �� _ � - Jessica San uang , Assistant Ci Attorney ATTESTED �Y: � i_ % �� ary J. Kays �� City Secretary M&C # C-26287 Date: June 4, 2013 First Amendment to CSC 44615 Execution Copy 10/22/14 SATO SERVICE, LLC by: U� Norie Sato Manager/Member � �� i � �' ` �Ov � � °`P ov�°�'� f�� ' - �°� g °� � o � $� �6'�p 0�� O {,� � `"�'� ��' �FFICIA�. R�C�� c,l'�'Y SECiiEVA6�� fr�. YIIO�t'T�, ��3 M&C Review CITY COUNCIL AGEND►A COUNCIL ACTION: Approved on 6/4/2013 I�7_r�� CODE: 6/4/2013 REFERENCE NO.. C TYPE: **C-26287 LOG NAME: CONSENT PUBLIC HEARING: Page 1 of 3 Official site of the City of Fort Worth, Texas FORT `�'(3RT11 _�_ 20SERIES OF ARTWORKS ALONG CHISHOLM TRAIL PARKWAY NO SUBJECT: Authorize Execution of an Artwork Commission Agreement with Sato Service, LLC, in the Amount Up to $907,178.00 for Fabrication, Delivery, and Installation of a Series of Public Artworks to be Installed at Various Locations Along the Chisholm Trail Parkway, State Highway 121T from Interstate 30 to Farm-to-Market Road 1187 (COUNCIL DISTRICTS 3, 6 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Artwork Commission Agreement with Sato Service, LLC, in the amount up to $907,178.00 for fabrication, delivery, and installation of a series of public artworks to be installed at various locations along the Chisholm Trail Parkway, State Highway 121T from Interstate 30 to Farm-to-Market Road 1187. DISCUSSION: Under the Artwork Commission Agreement (Agreement), artist Norie Sato (Sato) will fabricate, deliver, and install a series of public artworks that will enhance the visual quality of the Chisholm Trail Parkway, State Highway 121T (Parkway), for motorists and pedestrians by celebrating the natural environment through which the Parkway traverses. The public artwork will include the following: Eighteen glass and stone mosaic murals titled Trinity Water Fowl integrated into six rectilinear brick monuments on the new bridge over the Clear Fork of the Trinity River near I-30 and University Drive; and Ten glass and stone mosaic-clad concrete columnar sculptures titled Trinity Watershed Crossing Markers featuring wildlife of the Trinity River watershed environment and marking points at which tributaries cross under the eight-mile Parkway extending from I-30 to FM 1187. The designs are inspired by wiidlife images by Fort Worth area photographers who responded to an open call and who have given Sato written permission to use their images for this purpose. These are combined with abstractions of the Trinity River's meanderings (bridge monuments) and the Parkway's alignment (watershed crossing markers) and a You Are Here indicator in gold leaf tile. Under Sato's direction, master mosaic artisans will interpret her designs using handmade glass with integral color and natural stone for long-term durability and ease of maintenance. The dimensions of the 18 bridge monument murals are as follows: 12 at eight feet by five feet six inches and six at 10 feet by one foot six inches plus vertical side panels and a decorative border around the top. The concrete columnar watershed crossing markers will stand approximately 18 feet in height by two feet in diameter with 13 feet in height clad in mosaic. Atop each marker will be a unique metal sculptural cap that references ways in which humans use water. Most will be located in the median of the Parkway so that they are visible to northbound and southbound motorists. The cost of the project includes a base budget in the amount of $848,293.74 and a contingency fund in the amount of $58,884.10 for costs that may be incurred by Sato due to unforeseen changes in scope, material, fabrication, delivery, or installation costs. Funding for this project was included in the Public Art Plan for the 2004 Capitai Improvement Program, adopted by the Fort Worth City Council http://www.fortworthgov.oi•g/council�acket/mc_review.asp?ID=18403 &councildate=6/... 10/31 /2014 M&C Review Page 2 of 3 on May 17, 2005 (M&C G-14801) and the Public Art Plan for the 2007 Critical Capital Needs Program, adopted by the Fort Worth City Council on October 26, 2010 (M&C G-17095). This project was included in the Fiscal Year 2013 Annual Work Plan and Budget, approved by the Fort Worth City Council on October 16, 2012 (M&C C-25920) as part of the City's Agreement with the Arts Council of Fort Worth and Tarrant County for administration of the public art program. BACKGROUND In Spring 2005, the SH-121T Citizen Advisory Group's (CAG) Art Committee selected artist Sato to develop a Corridor Art Plan for inclusion in the Southwest Parkway (SH-121 T) Corridor Master Plan — a collaborative effort of the City of Fort Worth, the North Texas Tollway Authority (NTTA) and the Texas Department of Transportation (TxDOT) - which was underway. Due to Sato's schedule constraints, alternate artist Lorna Jordan was invited to develop the Corridor Art Plan. On October 25, 2005, City Council adopted the Southwest Parkway (SH-121 T) Corridor Master Plan to establish aesthetic design for the Parkway in order to harmonize it with the urban and natural conditions of the corridor. The CorridorArt Plan by artist Lorna Jordan, which was included in the CorridorMaster Plan, identified public art opportunities and recommended that artists consider the Parkway's place within the Trinity River Watershed in order to provide viewers with meaningful aesthetic and perceptual experiences. In Early 2006, after adoption of the Corridor Master Plan, the City engaged both Lorna Jordan and Norie Sato to develop conceptual design proposals for various sites along the Parkway (Jordan: City Secretary Contract No. 34032, authorized by M&C C-21230; Sato: City Secretary Contract No. 33443, authorized by M&C C-21231, amended by City Secretary Contract No. 34357, authorized by M&C C-21628, and further amended by City Secretary Contract No. 33433-A2). The artists' conceptual design proposals were vetted by the project partners and the Citizen Advisory Group's Art Committee, who recommended to the Fort Worth Art Commission that Norie Sato's concepts for the bridge monuments and water crossing markers be further developed. Throughout the conceptual design process, Sato coordinated closely with HOK Architects, Gideon Toal (Bridge Monuments), Kimley-Horn and the NTTA to ensure the feasibility of her concepts. On July 9, 2012, the Citizen Advisory Group's (CAG) Art Committee and the Fort Worth Art Commission (FWAC) endorsed Sato's preliminary design concepts, and the FWAC recommended that Sato proceed into the final design phase of the project. On February 1, 2013, the City entered into a final design Agreement with Sato Service, LLC (CSC No. 44143, authorized by M&C C-26045). On April 15, 2013, the CAG Art Committee endorsed and the Fort Worth Art Commission approved Norie Sato's final designs for the project. This is a regional project, specifically located in COUNCI� DISTRICTS 3, 6, and 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the SH-121T Southwest Parkway Fund, Street Improvements Fund, and the 2007 Critical Capital Projects Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers C221 541200 203980000580 $328,200.00 C200 541200 203980000580 $368,080.00 C295 541200 203980000580 $210,898.00 Submitted for Citv Manager's Office b� Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Martha Peters (298-3025) http://www. fortworthgov. org/council�acket/mc_review. asp?ID=18403 &councildate=6/... 10/31 /2014 M&C Review ATTACHMENTS Ma�.pdf Page 3 of 3 � �`��orthgov.org/council�acket/mc review.asp?ID=18403&councildate=6/... 10/31/2014