HomeMy WebLinkAboutStaff Report 13764
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City of Palo Alto Page 1
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ZĞĐŽŵŵĞŶĚĞĚDŽƚŝŽŶ
Staff recommends that the City Council approve contract amendment number three to contract
C17166591 with Susan Zoccola, LLC to increase funding by $35,000 for a not-to-exceed amount
of $135,000 (including a $10,000 contingency) and extend the term of the contract through
December 2023 to complete the fabrication and delivery of the artwork associated with the
Charleston-Arastradero Corridor Project.
ĂĐŬŐƌŽƵŶĚ
The City of Palo Alto’s Public Art Program manages the public art in municipal project funds
transferred annually as part of the budget cycle in accordance with Ordinance Number 5301,
Municipal Code 2.26.070 (Public Art for Municipal Projects). The Charleston-Arastradero
Corridor is a high volume, 2.3-mile roadway serving 11 schools, several parks, shopping centers,
commercial uses, a library, day care centers, non-profit organizations, and two community
centers. The corridor extends from East Charleston Road at Fabian Way to Arastradero Road at
Gunn High School.
Due to the high visibility of the Charleston-Arastradero Corridor Project, the opportunity to
commission more art in south Palo Alto, and multiple opportunities to incorporate artwork if
the process was initiated during the project design phase, staff initiated the artist selection
process in March of 2016. Artist Susan Zoccola was selected as the artist for the project and was
approved by the Public Art Commission (PAC) on September 15, 2016. The contract with a
budget amount of $100,000 (including $10,000 in contingency) was approved by City Council
December 12, 2016. Zoccola traveled to Palo Alto in January 2017 to meet with the design team
and initiate her design development. The conceptual design was reviewed and approved by the
PAC in October 2017.
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Inspired by the water filtration systems in the landscaping and the heavily used bike corridor,
the artist developed a series of five sculptures inspired by bike wheels and diatoms.
Diatoms are single-celled algae that form a silica-based cell wall. Diatoms exist in all saltwater
and freshwater environments, including moist soils, and they happen to be shaped like bike
wheels.
Informed by the intent of the project – a heavily trafficked corridor in which the streetscape
project is intended to enhance bike and pedestrian safety, Zoccola set out to create colorful
wheel-based compositions marking entrances and key places along the corridor that would be
dynamic for drivers, pedestrians and cyclists alike.
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The initial contract was approved in 2016 with an expiration date of December 31, 2018. Due to
construction delays, the original contract was amended twice. The contract was amended in
December 2018 to extend the expiration date to June 30, 2019. The construction of the corridor
was delayed further, thus requiring a second amendment approved by Council June 24, 2019 to
extend the term to November 2021. During the now-completed phases of the corridor
construction, three of the five concrete footings for the sculptures were poured by the general
contractor. The construction of the final phase of the corridor project was delayed with various
changes to the original Phase 3 project plans. Currently, the estimated timeline for completing
the Charleston-Arastradero Corridor project is July 2022. To avoid any damage from heavy
equipment and construction activities, the artworks must be installed at the end of the
construction project.
Due to overall delays in the project, Zoccola has been waiting two years longer than expected
to initiate fabrication. In this time, the cost of steel, like many building materials, and labor have
risen. Shipping costs have also increased and moving Zoccola’s sculptures from Washington
State to Palo Alto will cost nearly twice as much as originally estimated. The artist would like to
have her fabricator purchase the materials as soon as possible to protect against future
inflation of steel prices but cannot create and install the sculptures as designed with the original
budget.
On November 4, 2021 the Public Art Commission recommended the increase to Susan Zoccola’s
budget for the Charleston-Arastradero Corridor project by $35,000 for a total contract amount
up to $135,000 (including a $10,000 contingency) for any further possible cost increases for
materials and fabrication.
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The additional funds in the amount of $35,000 for the contract are available in the Fiscal Year
(FY) 2022 Adopted Capital Budget via the pooled art funds in the Art in Public Spaces capital
improvement project (CIP) (AC-86017). The Public Art for Municipal Projects Ordinance
(Ordinance Number 5301, Municipal Code 2.26.070) requires that 1% of the capital budget for
municipal projects is allocated for the commission of public art. The Charleston-Arastradero
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Corridor Project CIP (PE-13011) contributed 1% of the project’s funding in the amount of
$120,800 to the Art in Public Spaces (AIPP) CIP in order to fund the public art component of this
project recommended in this memorandum. Additional funds may come from funds derived
from bike/pedestrian plan funds previously transferred to the Art in Public Spaces CIP.
^ƚĂŬĞŚŽůĚĞƌ ŶŐĂŐĞŵĞŶƚ
The Public Art Commission discussed and recommended that Council approve the additional
funds and extend the timeline for the contract with Susan Zoccola at a public meeting
November 4, 2021.
ŶǀŝƌŽŶŵĞŶƚĂůZĞǀŝĞǁ
The services in this contract as amended are categorically exempt pursuant to CEQA regulation
15301 (Existing Facilities).
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• ƚƚĂĐŚŵĞŶƚϭϬ͘Ă͗ATTACHMENT A: Zoccola Contract Amendment
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D ED EdEK͘ϯdKKEdZdEK͘C17166591
dt Ed, /dzK&W>K>dKE ARTIST SUSAN ZOCCOLA, LLC
This Amendment No. 3 (this “Amendment”) to Contract No.C17166591 (the “Contract”
as defined below) is entered into as of December 1, 2021, by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and Susan Zoccola LLC, a Washington
Limited Liability Company, located at 4136 Meridian Ave N, Seattle, WA 98103 (“ARTIST”). CITY
and ARTIST are referred to collectively as the “Parties” in this Amendment.
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a. The Contract (as defined below) was entered into by and between the Parties hereto for
the provision of creating original artworks for the Charleston-Arastradero Corridor, as detailed
therein.
b. The Parties now wish to amend the Contract in order to extend the term
expiration date from November 30, 2021 to December, 2023 and to increase the compensation
by $35,000 from a NTE $1000,000 including contingency expenses of $10,000 to revised total Not
to Exceed compensation $135,000, to allow completion of the project due to delays in the
Charleston-Arastradero Corridor construction project prior to installation of the artworks and the
increase cost of steel and other raw materials for the artwork.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. ĞĨŝŶŝƚŝŽŶƐ. The following definitions shall apply to this Amendment:
a. ŽŶƚƌĂĐƚ. The term “Contract” shall mean Contract No. c17166591
between CONSULTANT and CITY, dated November 16, 2021, as amended
by:
Amendment No.1, dated December 31, 2019
Amendment No.2, dated June 17, 2019
b. KƚŚĞƌdĞƌŵƐ. 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:
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The term of this Agreement shall be from the date of its full execution through December 30,
2023 unless terminated earlier pursuant to Section 23 of this Agreement.”
SECTION 3. Section 4, NOT TO EXCEED COMPENSATION of the Contract is hereby
amended to read as follows:
The compensation to be paid to ARTIST for performance of the Services and provision of the Art
Work described in Exhibit “A”, including both payment for professional services and reimbursable
expenses, shall not exceed One Hundred Thirty Five Thousand Dollars ($135,000.00). The
applicable rates and schedule of payment are set out in Exhibit “C”, entitled “COMPENSATION”,
which is attached to and made a part of this Agreement.
ARTIST acknowledges that CITY desires that the Art Work, including its conceptual design and
content be unique. ARTIST agrees to not duplicate the Art Work without the express written
consent of CITY.
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES
PREVIOUS.
b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS.
SECTION 5. >ĞŐĂů ĨĨĞĐƚ͘ Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. /ŶĐŽƌƉŽƌĂƚŝŽŶŽĨZĞĐŝƚĂůƐ. 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.)
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^/'EdhZ ^K&d, WZd/ ^
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
/dzK&W>K>dK
City Manager
APPROVED AS TO FORM:
City Attorney
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By:
Name:
Title:
ƚƚĂĐŚŵĞŶƚƐ:
EXHIBIT “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) EXHIBIT “C”: COMPENSATION, AMENDMENT NO. 3 (AMENDED, REPLACES
PREVIOUS)
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Susan Zoccola
Artist
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y,//d͟͞
^, h> K&W Z&KZDE ͕D ED EdEŽ͘ϯ
;D E ͕Z W> ^WZ s/Kh^Ϳ
ARTIST shall perform the Services so as to complete each milestone within the number of
days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for ARTIST and CITY so long as
all work is completed within the term of the Agreement. ARTIST shall provide a detailed
schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to
proceed.
AMENDMENT No. 3 REVISED TIMELINE – TASK:
EŽǀĞŵďĞƌ͕ϮϬϭϲ- Contract signed
ĞĐĞŵďĞƌϮϬϭϲ– Contract goes to City Council for approval
ĞĐĞŵďĞƌͲ:ĂŶƵĂƌLJϮϬϭϲ– Travel to Palo Alto to meet with the design team, tour the site, and
gather input.
ĞĐĞŵďĞƌϮϬϭϲͲDĂƌĐŚϮϬϭϳ– Concept development
DĂƌĐŚʹƉƌŝůϮϬϭϳ- Concept approval through PAC
EŽǀĞŵďĞƌϮϬϮϭͲ:ƵŶĞϮϬϮϮ - Purchase of raw materials and fabrication of artwork
^ƵŵŵĞƌϮϬϮϮͲ&ĂůůϮϬϮϯ – transportation of artwork to Palo Alto and installation of onsite
(exact installation time is TBD and to be coordinated with the construction schedule).
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y,//d͟͞
KDW E^d/KE͕D ED EdEŽ͘ϯ
;D E ͕Z W> ^WZ s/Kh^Ϳ
The compensation to be paid to ARTIST under this Agreement for all services described in
Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $125,000. ARTIST agrees to
complete all Services, including reimbursable expenses, within this amount. In the event
Additional Services are authorized, the total compensation for services and reimbursable
expenses shall come out of contingency fund and not exceed $10,000. Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount
of compensation set forth herein shall be at no cost to the CITY.
WZ s/Kh^h' d
$90,000 inclusive of all artist fees, and exclusive of $10,000 contingency.
AMENDMENT No. 3 REVISED BUDGET
$125,000 inclusive of all artist fees, and exclusive of $10,000 contingency.
KDW E^d/KE^, h> ;hE ZWZ s/Kh^h' dͿ͗
20% upon signing the contract by the ARTIST and CITY
30% upon final approval of artwork design and fabrication plans by the Public Art
Commission
30% after fabrication and testing at artist’s studio is complete, artwork is scheduled to be
installed
20% after completion of delivery, installation, and submission of documentation
AMENDMENT No.3 REVISED COMPENSATION SCHEDULE
$18,000 - upon signing the contract by the ARTIST and CITY (paid by CPA on 02/17/2017)
$27,000 - upon final approval of artwork design and fabrication plans by the Public Art
Commission (paid by CITY on 03/12/2018)
$35,000 – upon the artist’s notice to proceed with purchasing of raw materials and fabrication
of artwork (to be paid by CITY)
$30,000 - after fabrication and testing at artist’s studio is complete, artwork is scheduled to be
installed (to be paid by CITY)
$15,000 - after completion of delivery, installation, and submission of documentation (to be
paid by CITY)
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The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse ARTIST for the following reimbursable expenses at cost. Expenses for which ARTIST
shall be reimbursed are: N/A
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