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HomeMy WebLinkAboutJames Hubbell; 1987-06-08;e e AMENDMENT TO AGREEMENT BIETWEEN THE CITY OF CARLSBAD AND JAMES HUBBELL The Agreement made and entered into the 8th day of June, 1987, in the City of Carlsbad, by and between the City of Carlsbad approved by the City Council and executed by the Mayor and James Hubbell, referred to as the artist is hereby amended by the addition of Paragraph 18 to read as follows: "WAIVER. The artist recognizes that he or she may have certain rights arising from the IICalifornia Art Preservation Act!' (Civil Code §987 et seq.) or the Wisual Artists' Rights Act of 199OIl (17 U.S.C.glO1 et seq.). Those Acts require that EL waiver of their provisions be expressly made in writhg and being fully informed, the artist and his or her agents, heirs, successors and assigns hereby waive any and all rights he or she may have under the provisions of the "California Art Preservation Act" (Civil Code 5987 et seq.) or the Visual Artistsv Rights Act of 199O1I (17 U.S.C. 5101 et seq.). The artist, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts. 'I Except as expressly modified herein, all other terms and conditions of said contract remain in fullt force an ;if #./LV#\< 'x, 7 i- 3 1 qZj7~ / (I~ATED \' AP OVED AS TO FORM 5'. 2.92. . Lf2.L. RONALD R. BALL, ACTING CITY ATTORNEY *. m e *. SCHEDULE OF AGREEMENT: DESIGN Between CITY OF CARLSBAD (hereinafter called CITY) and JAMES HUBBELL (hereinafter called ARTIST) for the design of works of art (hereinafter call Works) for placement in public places pursuant to the provisions of Carlsbad Municipal Code 2.18, commencing with Section 2.18.110, relating to art in public places. ARTIST has been selected pursuant to procedures adopted by CITY to design works of art for placement. in public places. 1. ARTIST shall participate in the design team Austin-Hansen- Fehlman Group for Redevelopment Design Phase 11. (see Exhibit "A" and "B" for further detail) a. ARTIST will design iron works for the following locatic 1. Main gate - sign/logo 2. Secondary gate sign 3. Railing and gates for parking lot 4. Railing and gates for ROtiary Park 5. Street signs 6. Banner connections 7. Median railings b. ARTIST shall submit design and drawings along with des: plan of Austin-Hansen-Fehlman (Group, to be fabricated i installed. e. ARTIST shall attend necessary meetings to develop plan cooperation with Redevelopment, Arts Program and Austi Hansen-Fehlman Group. d. ARTIST shall supervise construction and installation. -1- .. e 0 .. 2. Payment Schedule $7,500 total for design, meetings, travel, costs plans etc. 50% Upon invoice-advance payment for services $3,750 35% Upon invoice after completion of design services $2,625 15% Upon invoice for services after completion of project $1,125 3. Tangible and Intangible Property Rights The designs and all accompanying materials, drawings, models, etc. shall become the property of the CITY upon submission. 4. ARTIST warrants by execution of this contract, that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ARTIST for the purposes of securing business. For breach or violation of this warranty, the CITY shall in addition to other remedies provided by law, have the right to annul this contract without liability, paying only for the value of work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. -2- .. 0 0 .. 5. The ARTIST warrants by execution of the Agreement that he/she is not related to an employee of the CITY nor employed himself/herself by the CITY. 6. ARTIST shall not make any public information release in connection with services performed under this Agreement without advance written permission of the CITY. 7. This Agreement may be amended by mutual consent of the parties hereto in writing. 8. CITY has and retains the right and privilege of cancelling, suspending or abandoning the execution of all or any work in connection with this Agreement for cziuse, upon written notice to the ARTIST. The ARTIST may obtain termination only if the CITY should substantially fail to perform its responsibilities as provided herein. 9. In the event of termination, all finished or unfinished work relating to the preparation of the Works paid for by the State shall become the property of the CITY. 10. Neither the performance of this Agreement, nor any part thereof, nor any monies due or to become due thereunder may be assigned by ARTIST without the pryior written consent and approval of the CITY. 11. The death or incapacity of the ARTIST shall automatically terminate this contract. Neither the ARTIST nor his/her -3- .. e 0 9. estate shall have any further right to perform hereunder. CITY shall pay the ARTIST'S estate or the ARTIST the compensation payable for any services rendered prior to such termination not heretofore paid reduced by the amount of additional costs which shall be incurred by CITY by reason of such termination. 12. Nothing contained in the terms of this contract shall create or give to third parties, any claim or right of action against the CITY. 13. The terms of this contract constitute the entire understanding between the parties hereto and no statement, promise, condition, understanding, inducement to representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid. After the contract has been accepted by the ARTIST, the terms of the contract shall not be changed, modified, or altered in any manner, except by an instrument in writing executed by the parties hereto, subject to the approvals of the Departments of Finance. 14. In any printed, visual or recorded matter or in any exhibition or display which describes or is prepared in connection with, or results in whole or in part from this contract, mention shall be made of the CITY OF CARLSBAD'S support and the ARTIST. -4- .. 0 0 .. 15. The ARTIST shall be responsible for all federal and state income taxes on the amount of this contract, as well as any state sales tax which might be required. 16. Laws and Regulations: ARTIST and all of his agents and employees shall observe and comply with all prevailing federal and state laws, which in any way affect conduct or work of this contract. 17. The ARTIST may, as part of this contract, be required by the CITY, to discuss his/her work with the general public and/or press/ media representatives in special meetings scheduled for this purpose. Attachments: Exhibit "A" Exhibit "B" Exhibit "C" -5- 0 0 THIS AGREEMENT, made and entered into this p day of , 1987, in the City of Carlsbad, by and between + City of Carlsbad, through its duly elected or appointed, qualified and acting Mayor hereafter called the CITY, and, JAMES HUBBELL, hereinafter called the ARTIST. WITNESSETH: That the ARTIST for and in consideration of the covenants, conditions, agreements, and stipulations of the City hereinafter expressed, does hereby agree to furnish to the CITY services and materials, as descibed in this Contract and in Exhibit "Brl . ARTIST shall adhere to the provisions and requirements of the attached Schedule of Agreement of this project agreement as a participant in the Art in Public Places Program. Payee is the ARTIST Total to be paid: $7,500 Kind of Art Work: design for ironworks Site of the Art Work: Redevelopment area, Village of Carlsbad Dates of Project Agreement: WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. ARTIST / 0 e .. EXHIBIT "A" The Artist will work with the City of Carlsbad, Arts Program, the Host Department where applicable and the Arts Commission. 1. Connie Beardsley, Manager Carlsbad Cultural Arts City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 2. Pat O'Connor Austin-Hansen-Fehlman Group 9605 Scranton Road San Diego, CA 92021 3. Chris Salomone Community Redevelopment Manager Redevelopment & Grants 2965 Roosevelt Street Carlsbad, CA 92008 0 0 EXHIBIT "B" Scope of Work A. Design Phase The ARTIST shall provide all drawings which are necessary to describe the design of the Works. The Works consists of ironwork fabrication and its installation at the locations indicated on the Austin-Hansen-Fehlman Group plan which is incorporated as Exhibit "C" and the design for each item of ironwork including materials, location of each item on the site. The drawings shall be sufficient to enable the CITY to purchase necessary materials for the construction of the Works, assemble the Works, obtain structural drawings for mounting and/or assembly of the Works and obtain bids from contractors. The ARTIST shall be responsible for the preparation of structural engineering drawings. The ARTIST shall not be responsible for final grading drawings or final landscaping drawings for the construction and installation of the Works, which documents shall be provided by the Austin-Hansen-Fehlman Group through engineers employed by it. The ARTIST shall be required to approve all such documents prepared by such engineers or others to ensure that the final construction documents conform to the ARTIST'S design. B. Construction Phase The ARTIST and Austin-Hansen- Fehlman Group shall be responsible for the selection of all materials to be included in the Works. The ARTIST shall assist the Austin-Hansen-Fehlman Group as required in the procurement of all materials and shall approve such contracts as are issued by CITY to ensure that the materials conform to the ARTIST'S design. e e During the course of construction of the Works, the ARTIST or his representative shall be present to supervise and inspect the Works, their installation on the site, and the site grading to ensure that such work conforms to the ARTIST'S design. The ARTIST shall not be responsible for the letting of contracts for the works, which shall be the CITY'S responsibility, but, the ARTIST shall approve such contracts to ensure conformity with his design. The ARTIST agrees to be physically on site in Carlsbad a maximum of eight visits to ensure that the construction of the work proceeds in accordance with the ARTIST'S design. The ARTIST shall notify Austin-Hansen- Fehlman Group concerning all aspects of the progress of the Works and any non-conformity with approved plans and design. Except as provided above, the ARTIST shall not have control or charge of and not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the construction of the Works or for the acts or omissions of any contractor, subcontractors or any other persons performing any of the tasks required to construct the Works or for the failure of any of them to carry out the provisions of their contracts. C. Artist Talk The ARTIST shall be available at some time mutually agreeable to give one public presentation regarding his Works. -2- -- e 0 Schedule The Artist agrees to provide design drawings and structural engineering drawings within 90 days of the execution of this Agreement. The ARTIST shall not be responsible for the schedules associated with Austin-Hansen-Fehlman Group and its designated representatives concerning the times his presence is required on the site for review and approval of the progress of the Work. The schedule will be mutually agreed by Austin-Hansen-Fehlman Group and the ARTIST. Approval by the CITY The design of the Work shall be reviewed and approved in writing by the CITY for conformance with health, safety and building codes prior to beginning of any construction of the Work. to prior written approval of the CITY. of the Works, it shall be inspected at periodic intervals by the CITY to assure compliance with health, safety and building codes as shown on the approved drawings. Any work done that is deemed by the CITY not to be in conformance with health, safety and building codes as shown on the approved drawings will be removed or replaced. Any major modifications to the Works shall also be subject During the installation -3- 0 0 Budget The total cost of the Works, inclusive of the ARTIST'S fee and expenses shall not exceed a projected budget of $7,500 without prior approval of the CITY. The ARTIST shall work with the CITY'S representatives reviewing all contracts for material and labor to ensure compliance with an approved budget. Expenses incurred by the ARTIST for visits to the site during installation in excess of eight visits shall be reimbursed by CITY as they occur, upon submittal of an appropriate accounting at 20 cents per mile and $50 per hour, not to exceed $500. Reproduction The ARTIST hereby reserves the right to copy or reproduce the Works. -4- 1 0 0 1200 ELM AVENUE TELEPH( CARLSBAD, CALIFORNIA 92008 (619) 434- Office of the City Clerk aitp of Carlsbab May 28, 1987 James Hubbell 930 Orchard Lane Santa Isabel, CA 92070 Re: Agreement for Design of Artwork for Redevelopment Area The Carlsbad City Council, at its meeting of May 26, 1987, adopted Resolution No. 9090, approving an agreement with you for the design of artwork in the Redevelopment Area. Enclosed is the original agreement which has been signed by the Mayor on behalf of the City of Carlsbad. As soon as you have signed the agreement, please return it to the City Clerk’s Office. Also enclosed for your records is a copy of the agreement as well as a copy of Resolution No. 9090. xiiixfi Deputy City Clerk Encs . e 0 4 SCHEDULE OF AGREEMENT: DESIGN Between CITY OF CARLSBAD (hereinafter called CITY) and JAME! HUBBELL (hereinafter called ARTIST) for the design of works of art (hereinafter call Works) for placement in public places pursuant to the provisions of Carlsbad Municipal Code 2.18, corwrrencing with Section 2.18.110, relating to art in public places. ARTIST has been selected pursuant to procedures adopted by CITY to design works of art for placement in public places. 1. ARTIST shall participate in the design team Austin-Hansen- Fehlman Group for Redevelopment Design Phase 11. (see Exhibit "A" and "B" for further detail) a. ARTIST will design iron works for the following locati 1. Main gate - sign/logo 2. Secondary gate sign 3. Railing and gates for parking lot 4. Railing and gates for Rotary Park 5. Street signs 6. Banner connections 7. Median railings b. ARTIST shall submit design and drawings along with des plan of Austin-Hansen-Fehlman Group, to be fabricated installed. c. ARTIST shall attend necessary meetings to develop plan cooperation with Redevelopment:, Arts Program and Austi Hansen-Fehlman Group. d. ARTIST shall supervise construction and installation. -1- 0 0 4 2. Payment Schedule $7,500 total for design, meetings, travel, costs plans etc. 50% Upon invoice-advance payment for services $3,750 35% Upon invoice after completion of design services $2,625 15% Upon invoice for services after completion of project $1 , 125 3. Tangible and Intangible Property Rights The designs and all accompanying materials, drawings, models, etc. shall become the property of the CITY upon submission. 4. ARTIST warrants by execution of this contract, that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except'ing bona fide employees or bona fide established commercial or selling agencies maintained by ARTIST for the purposes of securing business. For breach or violation of this warranty, the CITY shall in addition to other remedies provided by law, have the right to annul this contract without liability, paying only for the value of work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. -2- e e * 5. The ARTIST warrants by execution of the Agreement that he/she is not related to an employee of the CITY nor employed himself/herself by the CITY. 6. ARTIST shall not make any public information release in connection with services performed under this Agreement without advance written permission of the CITY. 7. This Agreement may be amended by mutual consent of the parties hereto in writing. 8. CITY has and retains the right and privilege of cancelling, suspending or abandoning the execution of all or any work in connection with this Agreement for cause, upon written notice to the ARTIST. The ARTIST may obtain termination only if the CITY should substantially fail to perform its responsibilities as provided herein. 9. In the event of termination, all finished or unfinished work relating to the preparation of the Works paid for by the State shall become the property of the CITY. 10. Neither the performance of this Agreement, nor any part thereof, nor any monies due or to become due thereunder may be assigned by ARTIST without the prior written consent and approval of the CITY. 11. The death or incapacity of the ARTIST shall automatically terminate this contract. Neither the ARTIST nor his/her -3- 0 0 I estate shall have any further right to perform hereunder. CITY shall pay the ARTIST'S estate or the ARTIST the compensation payable for any services rendered prior to such termination not heretofore paid reduced by the amount of additional costs which shall be incurred by CITY by reason of such termination. 12. Nothing contained in the terms of this contract shall create or give to third parties, any claim or right of action against the CITY. 13. The terms of this contract constitute the entire understanding between the parties hereto and no statement, promise, condition, understanding, inducement to representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid. After the contract has been accepted by the ARTIST, the terms of the contract shall not be changed, modified, or altered in any manner, except by an instrument in writing executed by the parties hereto, subject to the approvals of the Departments of Finance. 14. In any printed, visual or recorded matter or in any exhibition or display which describes or is prepared in connection with, or results in whole or in part from this contract, mention shall be made of tlhe CITY OF CARLSBAD'S support and the ARTIST. -4- 0 0 5 15. The ARTIST shall be responsible for all federal and state income taxes on the amount of this contract, as well as any state sales tax which might be required. 16. Laws and Regulations: ARTIST and all of his agents and employees shall observe and comply with all prevailing federal and state laws, which in any way affect conduct or work of this contract. 17. The ARTIST may, as part of this contract, be required by the CITY, to discuss his/her work with the general public and/or press/ media representatives in special meetings scheduled for this purpose. Attachments: Exhibit "A" Exhibit "B" Exhibit I'C" -5- 0 0 n THIS AGREEMENT, made and entered into this day of , 1987, in the City of Carlsbad, by and between City of Carlsbad, through its duly elected or appointed, qualified and acting Mayor hereafter called the CITY, and, JAMES HUBBELL, hereinafter called the ARTIST. WITNESSETH: That the ARTIST for and in consideration of the covenants, conditions, agreements, and stipulations of the City hereinafter expressed, does hereby agree to furnish to the CITY services and materials, as descibed in this Contract and in Exhibit "B". ARTIST shall adhere to the provisions and requirements of the attached Schedule of Agreement of this project agreement as a participant in the Art in Public Places Program. Payee is the ARTIST Total to be paid: $7,500 Kind of Art Work: design for ironworks Site of the Art Work: Redevelopment area, Village of Carlsbad Dates of Project Agreement: WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. ARTIST JAMES HUBBELL 0 0 EXHIBIT "A" The Artist will work with the City of Carlsbad,.Arts Program, the Host Department where applicable and the .Arts Commission. 1. Connie Beardsley, Manager Carlsbad Cultural Arts City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 2. Pat O'Connor Austin-Hansen-Fehlman Group 9605 Scranton Road San Diego, CA 92021 Community Redevelopment Manager Redevelopment & Grants 2965 Roosevelt Street Carlsbad, CA 92008 3. Chris Salomone e 0 I EXHIBIT "B" Scope of Work A. Design Phase The ARTIST shall provide all drawings which are necessary to describe the design of the Works. The Works consists of ironwork fabrication and its installation at the locations indicated on the Austin-Hansen-Fehlman Group plan which is incorporated as Exhibit 'IC" and the design for each item of ironwork including materials, location of each item on the site. The drawings shall be sufficient to enable the CITY to purchase necessary materials for the construction of the Works, assemble the Works, obtain structural drawings for mounting and/or assembly of the Works and obtain bids from contractors. The ARTIST shall be responsible for the preparation of structural engineering drawings. The ARTIST shall not be responsible for final grading drawings or final landscaping drawings for the construction and installation of the Works, which documents shall be provided by the Austin-Hansen-Fehlman Group through engineers employed by it. The ARTIST shall be required to approve all such documents prepared by such engineers or others to ensure that the final construction documents conform to the ARTIST'S design. B. Construction Phase The ARTIST and Austin-Hansen- Fehlman Group shall be responsible for the selection of all materials to be included in the Works. The ARTIST shall assist the Austin-Hansen-Fehlman Group as required in the procurement of all materials and shall approve such contracts as are issued by CITY to ensure that the materials conform to the ARTIST'S design. 0 0 1 During the course of construction of the Works, the ARTIST or his representative shall be present to supervise and inspect the Works, their installation on the site, and the site grading to ensure that such work conforms to the ARTIST'S design. The ARTIST shall not be responsible for the letting of contracts for the works, which shall be the CITY'S responsibility, but, the ARTIST shall approve such contracts to ensure conformity with his design. The ARTIST agrees to be physically on site in Carlsbad a maximum of eight visits to ensure that the construction of the work proceeds in accordance with the ARTIST'S design. The ARTIST shall notify Austin-Hansen- Fehlman Group concerning all aspects of tlhe progress of the Works and any non-conformity with approved plans and design. Except as provided above, the ARTIST shall not have control or charge of and not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the construction of the Works or for the acts or omissions of any contractor, subcontractors or any other persons performing any of the tasks required to construct the Works or for the failure of any of them to carry out the provisions of their contracts. C. Artist Talk The ARTIST shall be available at some time mutually agreeable to give one public presentation regarding his Works. -2- 0 e Schedule The Artist agrees to provide design drawings and structural engineering drawings within 90 days of the execution of this Agreement. The ARTIST shall not be responsible for the schedules associated with Austin-Hansen-Fehlman Group and its designated representatives concerning the times his presence is required on the site for review and approval of the progress of the Work. The schedule will be mutually agreed by Austin-Hansen-Fehlman Group and the ARTIST. Approval by the CITY The design of the Work shall be reviewed and approved in writing by the CITY for conformance with Ihealth, safety and building codes prior' to beginning of any construction of the Work. Any major modifications to the Worlks shall also be subject to prior written approval of the CITY. During the installation of the Works, it shall be inspected at periodic intervals by the CITY to assure compliance with health, safety and building codes as shown on the approved drawings. Any work done that is deemed by the CITY not to be in conformance with health, safety and building codes as shown on the approved drawings will be removed or replaced. -3- a e 9 Budget The total cost of the Works, inclusive of the ARTIST'S fee and expenses shall not exceed a projected budget of $7,500 without prior approval of the CITY. The ARTIST shall work with the CITY'S representatives reviewing all contracts for material and labor to ensure compliance with an approved budget. Expenses incurred by the ARTIST for visits to the site during installation in excess of eight visits shall be reimbursed by CITY as they occur, upon submittal of an appropriate accounting at 20 cents per mile and $50 per hour, not to exceed $500. Reproduction The ARTIST hereby reserves the right to copy or reproduce the Works. -4-