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HomeMy WebLinkAbout1987-07-07; City Council; 9079; APPROVAL OF AGREEMENT FOR DESIGN OF ARTWORK IN REDEVELOPMENT AREA% 0 0 6g a Q < 9 .. z 0 F= 0 a zj .J z 3 0 0 r " /Wd AB#*- TITLE: DEPT. MTG. 7/7/87 APPROVAL OF AGREEMENT FOR DESIGN CITY E *& m Cl@ OF CARLSBAD - AGENV BILL x .# DEPT. L1B OF ARTWORK IN REDEVELOPMENT AREA CITY n RECOMMENDED ACTION: Adopt Resolution No. ?/', approving Agreement between the City of Carlsbad and Andrea Blum and authorizing the Mayor of the City of Carlsbad to execute said Agreement for and on behalf of the City of Carlsbad. ITEM EXPLANATION The Selection Committee recommended artist, Andrea Blum to design site public work of art for the Redevelopment area as listed in the attached agreement. The design fee is $20,000 to include design, meetings, preliminary drawings and supervision of fabrication and installation. $5,000 shall be set aside for related expenses including travel. The Selection Committee carefully reviewed work of artists working with site public work of art. The recommendation of Andrea Blum has been endorsed by the Arts Commission and the Merchants Design Task Force. The Selection Committee consisted of representatives from the Merchants Association, Redevelopment, Arts Commission, Austin-Hansen-Fehlman Group and an individual artist. Total amount of construction costs is unknown at this time. FISCAL IMPACT Under current funding plans, the design cost for this project will be paid from the one percent art fund while fabrication and installation costs will be paid by Redevelopment. Should Council wish to consider redevelopment funding for the entire project, this can be project will total $20,000 for design fees and $5,000 for related out-of-pocket expenses. An additional presented to Council at a later date. Costs for this EXHIBITS flr4A 1. Resolution d 2. Agreement with Andrea Blum i. \ 'I \I 1 2 3 4 !3 6 7 8' 9 10 I.1 12 13 I.4 15 16 17 l8 19 @ * RESOLUTION NO. 9142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ANDREA BLUM FOR DESIGN OF ARTWORK IN THE REDEVELOPMENT AREA The City Council of the City of Carlsbad, Califori does hereby resolve as follows: 1. That certain agreement between the City of Ca and Andrea Blum for the design of public art to be placed i redevelopment area at the intersection of Ocean Street and Carlsbad Boulevard, a copy of which is attached hereto mark Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is her authorized and directed to execute said agreement for and c behalf of the City of Carlsbad. I 3. That funds in the amount of $25,000 are heret appropriated in the Civic Arts Fund for this purpose and tk and all unexpended appropriation within the arts fund shall carried forward into the 1987/88 fiscal year. I NOW, THEREFORE, BE IT RESOLVED that the City Cour the City of Carlsbad, California, authorizes expenditures f I 1 21'1 22 23 24 25,; 26 27 20 ///I ///I ///I ///I ///I /I// //I/ ///I 1 2i 3 4 5 61 7 8 9 lo i PASSED, APPROVED AND ADOPTED at a regular meeting City Council of the City of Carlsbad, California, held on tl day of July , 1987 by the following vote, to wi AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES : None ABSENT : None I, 13! 14 15 16 17 20 21 22 23 24 25 26 1 I e e '. & THIS AGREEMENT, made and entered into this /Uz 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, ANDREA BLUM, hereinafter called the ARTIST. WITNESSETH: That the ARTIST for and in consideration of th 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 participant in the Art in Public Places Program. Payee is the ARTIST Total to be paid: $20,000 plus expenses not to exceed $5,000 Kind of Art Work: Site public art Site of the Art Work: Redevelopment area, Village of Carlsbad Carlsbad Boulevard and Ocean Street Dates of Project Agreement: WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. > c CIdY F CAR,SBAD / ARTIST ,A/ /7 /L; ANDREA li.ln,,OT BLUM +kfy\,- blk *Cf,AUDE A. '/LEWIS[ Mayhr 0 9 SCHEDULE OF AGREEMENT: DESIGN Between CITY OF CARLSBAD (hereinafter called CITY) and ANDREA BLUM (hereinafter called ARTLST) for the design of work of art (hereinafter call Works) for placement in public places pursuant to the provisions of Carlshad Municipal Code 2.18, commencing with Section 2.18.110, relating to art in public places. ARTIST has been selected pursuant to procedures adopted b CITY to design works of art for placement in public places. 1. ARTIST shall participate in the Redevelopment Design Phas 11. (See Exhibit "A" and "B" for further detail). a. ARTIST will design site public work of art at the co Ocean Street and Carlsbad Boulevard as indicated in (Exhibit "C"). b. ARTIST, after City approval, shall submit design to Hansen-Fehlman Group, who will provide working drawi the project. Working drawings shall be submitted to for approval. c. ARTIST shall attend necessary meetings to develop pl cooperation with Redevelopment, Arts Program and Aus Hansen-Fehlman Group. d. ARTIST shall supervise construction and installatior 2. Payment Schedule $20,000 total for design, meetings, and preliminary drawii 50% Upon invoice-advance payment for services $10,000 25% Upon invoice after approval of working drawings $ 5,000 e e '. 25% Upon invoice for services after completion of project $ 5,OC An additional $5,000 shall be set aside for related expc including travel. (Exhibit "B"). 3. Tangible and Intangible Property Rights The designs shall become the property of the CITY upon submission. 4. ARTIST warrants by execution of this contract, that no person or selling agency has Ibeen employed or retained t solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, o contingent fee, excepting bona fide employees or bona fi established commercial or selling agencies maintained by ARTIST for the purposes of securing business. For breac violation of this warranty, the CITY shall in addition t other remedies provided by law, have the right to annul contract without liability, paying only for the value of work actually performed, or in its discretion to deduct the contract price or consideration, or otherwise recove the full amount of such commission, percentage, brokerag contingent fee. 5. The ARTIST warrants by execution of this Agreement that he/she is not related to an employee of the CITY nor employed himself/herself by the CITY. -2- e 0 '. 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 cancellin suspending or abandoning the execution of all or any work 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 w 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 m be assigned by ARTIST without the prior written consent a approval of the CITY. 11. The death or incapacity of the ARTIST shall automatically terminate this contract. Neither the ARTIST nor his/her 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 s -3- 0 0 e. termination not heretofore paid reduced by the amount of additional costs which shall be incurred by CITY by reas of such termination. 12. Nothing contained in the terms of this contract shall cr 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 statemen promise, condition, understanding, inducement to representation, oral or written, expressed or implied, h is not contained herein shall be binding or valid. Afte the contract has been accepted by the ARTIST, the terms the contract shall not be changed, modified, or altered any manner, except by an instrument in writing executed the parties hereto, subject to the approvals of the Department 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 thi contract, mention shall be made of the CITY OF CARLSBAD' support and the ARTIST with name and copyright date. 15. The ARTIST shall be responsible for all federal and stat income taxes on the amount of this contract. -4- 0 0 '. 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 I work of this contract. 17. The ARTIST may, as part of this contract, be required by CITY, to discuss his/her work with the general public an1 press/ media representatives in special meetings schedul for this purpose. Attachments: Exhibit "A" Exhibit "B" Exhibit "C" -5- e 0 '. EXHIBIT "A" The Artist will work with the City of Carlsbad, Arts Program, t Host Department where applicable and the Arts Commission. 1. Connie Beardsley, Manager 619/434-2920 Carlsbad Cultural Arts City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 2. Pat O'Connor 619/484-4151 Austin-Hansen-Fehlman Group 9605 Scranton Road San Diego, CA 92021 3. Chris Salomone 619/438-5593 Community Redevelopment Manager Redevelopment & Grants 2965 Roosevelt Street Carlsbad, CA 92008 e e EXHIBIT "B" Scope of Work A. Design Phase The ARTIST shall provide all drawinc which are necessary to describe the design of the Works. The Works consists of a site work of art and its installation at thc location indicated on the Austin-Hansen-Fehlman Group plan whicl is incorporated as Exhibit "C". The drawings shall be sufficiei to enable Austin-Hansen-Fehlman Group to provide working and structural engineering drawings with artist's approval and to enable the City to obtain bids from contractors. The ARTIST shall not be responsible for final grading drawings or final landscaping drawings for the construction and installation of the Work, which documents shall be provided by the Austin-Hansen-Fehlman Group through engineers employed by i 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 all materials and shall approve such contracts as are issued by CITY to ensure that the materials conform to the ARTIST'S desig e e J During the course of construction of the Works, the ARTIST or her representative shall be present to supervise and inspect the Works, their installation on the site, and the sit grading to ensure that such work conforms to the ARTIST'S design. The ARTIST shall not be responsible for the letting c contracts for the works, which shall be the CITY'S responsibility, but, the ARTIST shall approve such contracts t ensure conformity with her design. The ARTIST agrees to be physically on site in Carlsbad when necessary to ensure that t construction of the work proceeds in accordance with the ARTIS design. The ARTIST shall notify the Arts Program and Redevelopment concerning all aspects of the progress of the Wo and any non-conformity with approved plans and design. Except 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 ( 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 son time mutually agreeable to give one public presentation regardj her Work. -2- e 0 J Schedu 1 e The Artist agrees to provide design drawings within 90 da 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 th times her 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. Any major modifications to the Works shall also be subj to prior written approval of the CITY. During the installatio of the Works, it shall be inspected at periodic intervals by t CITY to assure compliance with health, safety and building cod as shown on the approved drawings. Any work done that is deem by the CITY not to be in conformance with health, safety and building codes as shown on the approved drawings will be remov or replaced. -3- , * 0 * Budget The total cost of the Works, inclusive of the ARTIST'S fc and expenses shall not exceed a projected budget of $20,000 without prior approval of the CITY. The ARTIST shall Work wit the CITY'S representatives reviewing all contracts for materia and labor to ensure compliance with an approved budget. Exper incurred by the ARTIST for visits to the site during installat shall not exceed $5,000 and shall be reimbursed by CITY as the occur, upon submittal of an appropriate accounting and receipt Reproduction The ARTIST hereby reserves the right to copy or reproduce the Works. -4- + .' ..( d