HomeMy WebLinkAbout2018-05-15; City Council; Resolution 2018-069RESOLUTION NO. 2018-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT
WITH FOUNTAINHEAD DESIGN, INC. TO ADD $23,389 FOR A TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $117,389, FOR THE
COMPLETION OF PUBLIC ARTWORK AT PINE AVENUE COMMUNITY
PARK, PROJECT NO. 4603.
Exhibit 1
WHEREAS, on July 18, 2017, the city manager executed an Agreement with Fountainhead
Design, Inc. to fabricate and install public art as part of the Pine Avenue Community Park, Project No
4603, for an amount not to exceed $94,000; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that an
additional $23,389 in funds to complete the project should be added to the agreement for a total
agreement amount of $117,389; and
WHEREAS, the total value of the agreement with Fountainhead Design, Inc. as amended
required City Council approval; and
WHEREAS, Amendment No. 1 to the Agreement has been prepared for the mayor's signature
and is attached hereto as Exhibit 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute Amendment No. 1 to the
Agreement (Attachment A) with Fountainhead Design, Inc.
3. That the city manager is authorized and directed to take all actions necessary to
implement Amendment No. 1 to the Agreement (Attachment A).
May 15, 2018 Item #1 Page 3 of 7
Exhibit 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of May, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
None.
(SEAL)
May 15, 2018 Item #1 Page 4 of 7
Attachment "A"
AMENDMENT NO.1 TO AGREEMENT FOR FABRICATION, AND INSTALLATION OF
PUBLIC ARTWORK
FOUNTAINHEAD DESIGN, INC.
This Amendment No.1 is entered into and effective as of the I (q~ day of
Tu,t\.~/ , 2018, amending the agreement dated July 18, 2017 (the "Agreement") by
and be een the City of Carlsbad, a municipal corporation, ("City"), and Fountainhead Design,
Inc., ("Contractor") (collectively, the "Parties") for fabrication and installation of public artwork at
Pine Avenue Community Park.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
project compensation; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached here to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed one hundred seventeen
thousand, three hundred eighty-nine dollars ($117,389).
2. Contractor will complete all work described in Exhibit "A". The ARTWORK shall be
installed and operational on or before May 19, 2018. All other work and deliverables shall be
completed by July 18, 2019.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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May 15, 2018 Item #1 Page 5 of 7
5. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
I
By: /
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I By:/
i
(sign here) j I
II \. / /I ,,,-:__
f/ -~ 0-...J r-.J(\ t::,,. l ';->,., ~~ / L---T u
(print name/tit(e)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ~f
MA~
Mayor
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
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May 15, 2018 Item #1 Page 6 of 7
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The Artist will be provided by the Park Contractor the schedule and milestones of the Pine
Avenue Park Community Center & Gardens Project to allow the Artist adequate information for
scheduling purposes. It is expected that the ARTWORK be installed and operational prior to the
grand opening celebration of the park improvements schedule for May 19, 2018. The Cultural
Arts Manager will notify Artist of schedule changes or modifications within 10 business days. To
assist the Artist on support documentation, Cultural Arts Manager will provide Artist access to
the following documents electronically as provided by the City staff:
• Pine Avenue Park Community Center & Gardens Project General Provisions
• Supplemental Provisions and Technical Specification
• City of Carlsbad Landscape Manual
• Site Plan showing location of stub outs for ARTWORK
Task 1-Fabrication: Not-to-Exceed $103,389
Procure materials, fabricate ARTWORK, store and protect ARTWORK in coordination with staff and
contractors.
1. $20,000 will be paid upon execution of the Agreement by all Parties for working on initial
fabrication and installation of planning and designs.
2. Up to $30,000 will be paid upon the procurement of all materials satisfactory to the
CITY's Cultural Arts Manager.
3. Up to $20,000 will be paid upon 75 percent completion of the ARTWORK's fabrication, in
a manner acceptable to the CITY's Cultural Arts Manager.
4. Up to $33,389 will be paid upon 100 percent completion of the ARTWORK's fabrication,
in a manner acceptable to the CITY's Cultural Arts Manager.
Task 2-Installation: Not-to-Exceed $14,000
Delivery and Installation of ARTWORK and providing Artist's ARTWORK Maintenance Package
5. *$7,000 will be paid upon completion of installation of the ARTWORK and verified by the
Cultural Arts Manager.
6. $7,000 on the written acceptance of the ARTWORK by the CITY and in a manner
acceptable to the Cultural Arts Manager.
*The initial $7,000 payment listed under Task 2 is an advance on the total delivery and
installation payment; if the installation is not completed in a manner acceptable to the Cultural
Arts Manager, any advance payments must be returned by the Artist in a timely manner.
The Artist bears the sole burden for ensuring that all legally required licenses and permits are
obtained and renewed as specified by the regulating agency. This information is provided as a
guide only. The Artist must verify and comply with all Federal, State, and Local requirements,
whether listed here or not.
All fees will be paid as specified above. Artist's invoice(s) will be submitted at the completion of
each task. Invoices shall be sufficiently detailed to include related activities for approval by City.
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