HomeMy WebLinkAboutStaff Report 12286
City of Palo Alto (ID # 12286)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/14/2021
City of Palo Alto Page 1
Summary Title: Contract Amendment with Charles Sowers Studios. LLC for
JMZ Artwork
Title: Approval of Amendment Number 1 to Contract Number C19173445
With Charles Sowers Studios, LLC to Extend the Term of the Contract Through
December 31, 2021 for the Fabr ication and Installation of Artwork at the
Junior Museum and Zoo
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council approve amendment number 1 (Attachment A) to
contract C19173445 with Charles Sowers Studios, LLC to extend the term of the
contract through December 31, 2021 for the completion of the artwork at the Junior
Museum and Zoo.
Background
The Public Art Program launched an open call to artists for the Junior Museum and Zoo
(JMZ) site in December 2016. The selection panel of key stakeholders met in April 2017
and recommended Charles Sowers as the project artist. Sowers was approved by the
Public Art Commission as the project artist on May 18, 2017 and entered into a $10,000
design contract funded by the Art in Public Places Capital Improvement Project (AC-
86017). He met with the design team, toured the JMZ facility, held a public information
meeting at the JMZ, and explored various concepts for the site. The feedback from the
design team was that the artist should primarily focus on the entry to the building or
the approach from Middlefield Road to draw visitors to the site. On October 20, 2017,
Sowers met with the design team and key stakeholders to discuss three potential
concepts to develop for the Junior Museum and Zoo project. The team agreed that his
“pendulum swings” concept was the most compelling and aligned with the JMZ’s
science programming as well as drawing curious visitors to the facility. The design team
and stakeholders felt strongly that this concept met and exceeded the goals set for the
public art element. The Public Art Commission reviewed the concept and unanimously
approved the pendulum artwork on November 16, 2017. The artist then developed that
concept further, coordinating logistics of integrating artwork with the building in
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cooperation with the architect and project engineer. City Council approved contract
C19173445 with Charles Sowers Studios, LLC on October 1, 2018 (Staff Report 9573).
Discussion
Artist Charles Sowers is nearing completion of the artwork at the Junior Museum and
Zoo. The pendulums and pendulum frame were installed in 2020. The bumpers, flags,
and lockout system were all installed in early 2021. The project was scheduled for
completion in 2020, but the timeline and access to materials and equipment was
severely impacted due to COVID-19. The final elements of the artwork are being
fabricated and the braking system will take time to fine tune and make adjustments.
The artists must complete this work and deliver final maintenance information in order
to receive his final payment of 20% of the contract amount. An extension of the date is
necessary for him to finish the braking system and develop the required maintenance
documents and receive his final payment.
Timeline
The project is expected to be fully completed prior to the opening of the Junior Museum
and Zoo in fall 2021 and the maintenance documentation should be submitted to the
City by the end of 2021.
Resource Impact
The recommendation in this report is not anticipated to impact resources, it simply
reflects an extension of the current con tract term, 12 months, in alignment with the
revised timeline for a fall 2021 facility opening. The funds for the artwork were
transferred from the Friends of the Junior Museum and Zoo in October 2018 to the Art
in Public Places capital project, AC-86017. The remaining balance of contract
C19173445 is programmed in the Fiscal Year (FY) 2022 Proposed Capital Budget, Art in
Public Places capital project. There is no change to the contract dollar amount of
$157,500.
Policy Implications
Applicable Comprehensive Plan policies include:
Policy L-8.5 Recognize public art and cultural facilities as a community benefit.
Encourage the development of new and the enhancement of existing public and
private art and cultural facilities throughout Palo Alto. Ensure that su ch projects
are compatible with the character and identity of the surrounding neighborhood.
Policy C-1.16 Provide arts, science and recreational activities that foster healthy
children, youth and teen development.
Policy C-4.5 Expand the space available in the community for art exhibits, classes
and other cultural activities, studios and galleries and other activities made
possible by technical innovation, while maintaining and enhancing natural areas.
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Policy C-1.4 Promote City parks, open spaces, recreational facilities, libraries,
classes and cultural activities for community members recognizing that these
facilities and services build and strengthen community.
Stakeholder Engagement
Key stakeholders have been involved in the selection process and d evelopment of the
artwork. Public meetings were held both with the Public Art Commission and a separate
public meeting at the Junior Museum and Zoo to gather feedback.
Environmental Review
The City Council adopted a resolution approving a mitigated negative declaration and
mitigation monitoring and reporting program in accordance with CEQA for the new JMZ
project on December 4, 2017 (staff report and action minutes).
Attachments:
• Attachment A: Contract C19173445 with Charles Sowers Studios, LLC; Amendment #1
Vers.: Aug. 5, 2019
Page 1 of 2
AMENDMENT NO. 1 TO CONTRACT NO. C19173445
BETWEEN THE CITY OF PALO ALTO AND
CHARLES SOWERS STUDIOS, LLC
This Amendment No. 1 (this “Amendment”) to Contract No.C19173445 (the “Contract” as
defined below) is entered into as of June 14, 2021, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and CHARLES SOWERS STUDIOS, LLC., a
California corporation, located at 732 Montecillo Road, San Rafael, CA 94903 (“ARTIST”). CITY and
[CONSULTANT or CONTRACTOR] are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of fabricating and installing original artwork at the Junior Museum and Zoo, as
detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term of the
contract by one year, from December 30, 2020 to December 30, 2021. The COVID-19 pandemic
temporarily delayed work on this project.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C19173445
between CONSULTANT and CITY, dated May 14, 2018.
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2. “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 30,
2021 unless terminated earlier pursuant to Section 23 of this Agreement.”
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: AA7F2443-9D54-41E3-AED7-F7B41FABF573
Vers.: Aug. 5, 2019
Page 2 of 2
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
CHARLES SOWERS STUDIOS, LLC.
Officer 1
By:
Name:
Title:
Attachments: None
DocuSign Envelope ID: AA7F2443-9D54-41E3-AED7-F7B41FABF573
Charles Sowers
President