HomeMy WebLinkAbout1988-10-04; City Council; 9674; APPROVAL OF CONTRACT FOR DESIGN OF ARTWORK IN STAGECOACH PARK' -1
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CIBOF CARLSBAD - AGENVBILL I /
AB# 9bT? TITLE: DE
CI' MTG. 13/4Itl8 APPROVAL OF CONTRACT FOR DESIGN
DEPT.LIB OF ARTWORK IN STAGECOACH PARK CI'
RECOMMENDED ACTION:
Adopt Resolution No.%' 3t3 approving Contract between the
City of Carlsbad and Lloyd Hamrol and authorizing the Mayoi
of the City of Carlsbad to execute said contract for and 01 behalf of the City of Carlsbad.
ITEM EXPLANATION
The Selection Committee recommended artist, Lloyd Hamrol tc design site public work of art, a play sculpture for
Stagecoach Park. The design fee is $75,000 to include
design, meetings, working drawings, fabrication and installation.
The Selection Committee carefully reviewed work of artists
submitting works in the competition. Three finalists were
selected. Their work was displayed at the Library and the
La Costa Branch Library. The Public was invited to make written comments and over 460 were received. The Arts Commission unanimously voted to recommend Lloyd Hamrol to
City Council for approval.
The Selection Committee consisted of representatives from the Arts Commission, Parks and Recreation Commission and individual artists.
FISCAL IMPACT
Cost for this project will be paid from the one percent ar fund. An amount of $75,000 with an additional $12,500 was
appropriated for the artwork plus expenses relating to the
competition, photography and documentation from the Public Art Fund No. 142-840-4210-2495. (See Agenda Bill #9189 ant Resolution No. 9260 attached).
EXHIBITS
1. Resolution. S$-363 & 2. Contract with Lloyd Hamrol
3. Agenda Bill No. 9189
4. Resolution No. 9260
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RESOLUTION NO. 88-363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A CONTRACT BETWEEN THE CITY OF CARLSBAD AND LLOYD HAMROL
FOR ARTWORK IN STAGECOACH PARK
The City Council of the City of Carlsbad, Califc
does hereby resolve as follows:
1. That certain contract between the City of C2
and Lloyd Hamrol for the public art to be placed in Stagec
Park, a copy of which is attached hereto marked Exhibit “I!
made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is he
authorized and directed to execute said contract for and c
of the City of Carlsbad.
3. That funds in the amount of $75,000 are alre
appropriated in the Civic Arts Fund for this purpose and t
and all unexpended appropriation within the arts fund shal
carried forward into the 1989/90 fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Cou
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the City of Carlsbad, California, authorizes expenditures
Civic Arts Fund as stated above. I
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PASSED, APPROVED AND ADOPTED at a regular meetin
City Council of the City of Carlsbad, California, held on
day of October, 1988 by the following vote, to wit:
AYES: Council Members Lewis, Larson, Mamaux and Pettin
NOES: None
ABSENT : Council Member
u 2, (2 ALETHA L. RAUTENKRANZ, City Clerlk
(SEAL)
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AGREEMENT FOR
STAGECOACH PARK SCULPTURE
day of - THIS AGREEMENT, made and entered into as of the
, 1988, by and between CITY OF CARLSBAD, a municip
corporation, hereinafter referred to as "City" and
LLOYD HAMROL, hereinafter referred to as "Artist".
RECITALS
City requires the services of Artist to provide the necessa
materials and services for design, fabrication and installation
a play sculpture; and
Artist has been selected pursuant to procedures adopted
City to design works of art for placement in public places.
NOW, THEREFORE, in consideration of these recitals and t
mutual covenants contained herein, City and Artist agree
follows:
(1) ARTIST'S OBLIGATIONS
Artist shall diligently design, fabricate, contruct a
install the public work of art as specified in Exhibit "A" attack
hereto and made a part hereof.
(a) Artist, shall submit working drawings to City of Carlst
for approval.
(b) Artist shall attend necessary meetings to develop pl;
in cooperation with the Arts Office.
(c) Artist is responsible for all site preparatic
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construction and installation of the work of art.
(d) Artist is responsible for restoring surrounding area
its previous condition.
(2) CITY'S OBLIGATIONS
The City shall provide copies of City regulations a
standards that govern the design and construction of the work 1
art. City shall pay Artist in accordance with the payment schedu
in Exhibit "B".
(3) DURATION OF CONTRACT
This agreement shall extend until the project is deem
complete by the City. The contract may be extended upon the mutu
agreement of the parties, based upon satisfactory performance a
the City of Carlsbad's needs.
(4) PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) da
after receipt of notification to proceed by the City and
completed within 150 days of that date. Extensions of time may
granted if requested by the Artist and agreed to in writing by t
City Manager. In consideration of such requests, the City Manag
will give allowance for documented and substantiated unforeseeab
and unavoidable delays not caused by a lack of foresight on t
part of the Artist or delays caused by City inaction or 0th
agencies' lack of timely action.
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(5) FEES TO BE PAID TO ARTIST
The total fee payable to artist shall be $75,000. No o
compensation for services will be allowed except those ii
covered by supplemental agreements per paragraph (6), Change:
Work. Payment of fees shall be made within thirty (30) days a
approval of the payment by the City Manager in accordance with
payment schedule attached hereto as Exhibit "B" .
(6) CHANGES IN WORK
If, in the course of this contract and design, changes 2
merited by the Artist or the City, and informal consultations F
the other party indicate that a change in the conditions of
contract is warranted, the Artist or the City may request a cha
in contract. Such changes shall be processed by the City in
following manner: A letter outlining the required changes sh
be forwarded to the City or Artist to inform them of the propo
changes along with a statement of estimated changes in charges
time schedule. After reaching mutual agreement on the propos
a supplemental agreement shall be prepared by the City and appro
by the City Council. Such supplemental agreement shall not ren
ineffective or invalidate unaffected portions of the aqreeme.
Changes requiring immediate action by the Artist or City shall
ordered by the City Manager who will inform the Artist of 1
necessity of such action and follow up with a supplemenl
agreement covering such work.
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(7) DESIGN STANDARDS
The artist shall prepare the plans and specifications
accordance with the design standards of the City of Carlsbad a
recognized current design practices. Applicable City of Carlsb
standards and regional standards shall be used where appropriat
Copies of such standards shall be otained from the City
Car Is bad.
(8) COVENANT AGAINST CONTINGENT FEES
The Artist warrants that their firm has not employed
retained any company or person, other than a bona fide emplob
working for the artist to solicit or secure this agreement, 2
the Artist has not paid or agreed to pay any company or persc
other than a bona fide employee, any fee, commission, percentac
brokerage fee, gift or any other consideration contingent upon,
resulting from, the award or making this agreement. For breach
violation of this warranty, the City shall have the right to anr
this agreement without liability, or, in its discretion, to dedt
from the agreement price or consideration, or otherwise recovt
the full amount of such fee, commission, percentage, brokerage fl
gift or contingent fee.
(9) NON-DISCRIMINATION CLAUSE
The Artist shall comply with applicable State and Federal 1
regarding non-discrimination.
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(10) TERMINATION OF CONTRACT
City has and retains the right and privilege of cancellini
suspending or abandoning the execution of all or any work
connection with this agreement for cause, upon written notice
the Artist. The Artist may obtain termination only if the Ci
should substantially fail to perform its responsibilities
provided herein. In the event of termination, all finished
unfinished work relating to the preparation of the work of art pa
for by the City shall become the property of the City.
(11) DISPUTES
If a dispute should arise regarding the performance of w(
under this agreement, the following procedure shall be used
resolve any questions of fact or interpretation not otherw.
settled by agreement between parties. Such questions, if t
become identified as a part of a dispute among persons operat
under the provisions of this contract, shall be reduced to writ
by the Artist or the Arts Manager. A copy of such documen
dispute shall be forwarded to both parties involved along w
recommended methods of resolution which would be of benefit to k
parties. The Arts Manager or Artist receiving the letter sk
reply to the letter along with a recommended method of resolut
within ten (10) days. If the resolution thus obtained
unsatisfactory to the aggrieved party, a letter outlining
dispute shall be forwarded to the City Council for their resolut
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through the office of the City Manager. The City Council may i
opt to consider the directed solution to the problem. In :
cases, the action of the City Council shall be binding upon ti
parties involved, although nothing in this procedure shall prohi
the parties seeking remedies available to them at law.
(12) SPECIAL CONDITIONS
(A) Artist warrants by execution of this contract, that
person or selling agency has been employed or retained to soli
or secure this contract upon an agreement or understanding fo
commission, percentage, brokerage, or contingent fee, except
bona fide employees or bona fide established commercial or sell
agencies maintained by ARTIST for the purposes of secur
business. For breach or violation of this warranty, the City sh
in addition to other remedies provided by law, have the right
annul this contract without liability, paying only for the va
of work actually performed, or in its discretion to deduct from
contract price or consideration, or otherwise recover, the fi
amount of such commission, percentage, brokerage or contingent fi
(B) The death or incapacity of the Artist shall autornatica
terminate this contract. Neither the Artist nor his/her est;
shall have any further right to perform hereunder. City.shal1 1
the Artist's estate or the Artist the compensation payable for i
services rendered prior to such termination not heretofore p;
reduced by the amount of additional costs which shall be incur!
by City by reason of such termination.
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(C) Artist shall not make any public information release
connection with services performed under this Agreement withc
advance written permission of the City.
(D) In any printed, visual or recorded matter or in a
exhibition or display which describes or is prepared in connecti
with, or results in whole or in part from this contract, menti
shali be made of the City of Carlsbad's support and the Artist wi
name and copyright date.
(E) Laws and Regulations: Artist and all of his agents a
employees shall observe and comply with all prevailing federal a
state laws, which in any way affect conduct or work of tl-
contract.
(F) The Artist may, as part of this contract, be required
the City, to discuss his/her work with the general public and/
press/ media representatives in special meetings scheduled for tk
purpose.
(G) Artist warrants to City that the work of art, as desigr
and installed, will be a unique and original artwork. Artist wi
not reproduce the work of art in a similar scale or configurati
at any other place, however, Artist may use, in other works of .i
created by him, the same or similar shapes which appear in the wc
of art provided if such same or similar shapes are not identic
in arrangement, scale or configuration to the work of art.
(H) Title to the work of art (together with all drawins
plans, photographs and models relating to the work of art i
delivered or presented to City will vest in City upon acceptar
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of the work.
(I) City will have the right to print and pub:
photographic or other two-dimensional likenesses of the work of
in any advertising, publicity or other materials (including,
not limited to, television and radio announcements) relating to
work of art, and the City and the activities of any of s
entities. In connection with reproduction, printing or publicat
by either party, that party will attempt to arrange for appropri
credits identifying Artist and stating the location of the work
art and the ownership thereof by City.
(J) To the extent practical, Artist shall be informed 2
consulted in regard to all repairs and restoration to the wc
subsequent to its installation. The Artist shall be allowed
recommend restorative techniques and materials and he shall
given the opportunity to perform any such repairs and restoratic
for an appropriate fee.
(13) STATUS OF THE ARTIST
The Artist shall perform the services provided for herein
Artist's own way as an independent contractor and in pursuit
Artist's independent calling, and not as an employee of the Cit
Artist shall be under control of the City only as to the,result
be accomplished and the personnel assigned to the project, b
shall consult with the City as provided for in the request fc
proposal.
The Artist is an independent contractor of the City. TI
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payment made to the Artist pursuant to this contract shall be tl
full and complete compensation to which the Artist is entitlc
pursuant to this contract. The City shall not make any federal I
state tax withholdings on behalf of the Artist. The City shall nl
be required to pay any workers' Compensation insurance on beha
of the Artist. The Artist agrees to indemnify the City for a
tax, retirement contribution, social security, overtime paymen
workers' compensation payment which the City may be required
make on behalf of Artist or any employee of Artist for work do
under this agreement.
The Artist shall be aware of the requirements of t
Immigration Reform and Control Act of 1986 (8 USC Sec. 1101 - 152
and shall comply with those requirements,, including, but r
limited to, verifying the eligibility for employment of all agent
employees, subcontractors and consultants that are included in ti-
agreement.
(14) CONFORMITY TO LEGAL REQUIREMENTS
The Artist shall cause all drawings and specifications
conform to all applicable requirements of law: Federal, State 2
local. Artist shall provide all necessary supporting documen
to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans
any other agencies.
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(15) OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports i
specifications as herein required are the property of the Cit
whether the work for which they are made be executed or not.
the event this contract is terminated, all documents, plar
specifications, drawings, reports and studies shall be deliver
forthwith to the City. Artist shall have the right to make c
copy of the plans for his/her records.
(16) HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not
liable for any claims, liabilities, penalties, fines or any dam;
to goods, properties or effects of any person whatever, nor f
personal injuries or death caused by, or resulting from, or clain
to have been caused by, or resulting from, any act or omission
Artist or Artist's agents, employees or representatives. Arti
agrees to defend, indemnify and save free and harmless the City 2
its authorized agents, officers, and employees against any of t
foregoing liabilities or claims of any kind and any cost a
expense that is incurred by the City on account of any of t
foregoing liabilities, including liabilities or claims by reas
of alleged defects in any plans and specifications, unless t
liability or claim is due, or arises out of, solely to the Citl
negligence.
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(17) ASSIGNMENT OF CONTRACT
The Artist shall not assign this contract or any part ther
or any monies due thereunder without the prior written consent
the City.
(18) SUBCONTRACTING
If the Artist shall subcontract any of the work to
performed under this contract by the Artist, Artist shall be fu
responsible to the City for the acts and omissions of Artis
subcontractor, as Artist is for the acts and omissions of pers
directly employed by Artist. Nothing contained in this contr
shall create any contractual relationship between any subcontrac
of Artist and the City. The Artist shall bind every subcontrac
and every subcontractor of a subcontractor by the terms of t
contract applicable to Artist's work unless specifically noted
the contrary in the subcontract in question approved in writing
the City.
(19) PROHIBITED INTEREST
No official of the City who is authorized in such capacity
behalf of the City to negotiate, make, accept, or approve, or ti
part in negotiating, making, accepting, or approving of any desi5
architectural, engineering inspection, construction or mater:
supply contractor, or any subcontractor in connection with t
construction of the project, shall become directly or indirect
interested personally in this contract or in any part thereof.
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officer, employee, architect, attorney, engineer or inspector (
or for the City who is authorized in such capacity and on beha
of the City to exercise any executive, supervisory, or othc
similar functions in connection with the performance of th
contract shall become directly or indirectly interested personal
in this contract or any part thereof.
(20) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, age
or employee of the City, either before, during or after t
execution of this contract, shall affect or modify any of the ter
or obligations herein contained nor such verbal agreement
conversation entitle the Artist to any additional payme
whatsoever under the terms of this contract.
(21) SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (16), Hold Harmle
Agreement, all terms, conditions and provisions hereof shall ensu
to and shall bind each of the parties hereto, and each of the
respective heirs, executors, administrators, successors a
assigns.
(22) EFFECTIVE DATE
This agreement shall be effective on and from the day and ye
first above written.
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(23) INSURANCE
(a) The Artist shall obtain and maintain a policy
liability insurance from an insurance company authorized to be
business in the State of California, as required by the City's R
Manager. This insurance shall be in force during the life of t
agreement and shall not be cancelled without ten (10) days pr
written notice to the City.
IN WITNESS WHEREOF, we have hereunto set our hands and sea
CITY OF CARLSBAD
BY City Manager
Title
ATTEST : APPROVED AS TO FORM:
City Clerk Assistant City Attorney
Attachments:
Exhibit "A"
Exhibit- "B"
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EXH I B IT 'I A"
Scope of Work
A. Design Phase The ARTIST shall provide all dra
which are necessary to describe the design of the artwork. '
artwork consists of fabrication and its installation at the
location indicated in the ARTIST'S proposal and maquette.
B. Construction Phase The ARTIST shall be respon;
for all working drawings to be approved by the CITY for
construction of the artwork. The ARTIST shall be responsiblt
the selection of all materials to be included in the artwork
The ARTIST shall notify the Arts Office and Parks 2
Recreation Department concerning all aspects of the progress
the artwork and any non-conformity with approved plans and
design. The ARTIST shall have control of and be responsible
construction means, methods, techniques, sequences of procedu
and for safety precautions and programs in connection with th
construction of the artwork and for the acts or omissions of
contractor, subcontractors or any other persons performing an
the tasks required to construct the artwork or for the failur
any of them to carry out the provisions of their contracts.
C. Artist Talk The ARTIST shall be available at SI
time mutually agreeable to give one public presentation regarl
his artwork.
Schedule
The ARTIST agrees to complete the artwork by March
1, 1989. Any change in schedule must be mutually agreed upor
ARTIST and CITY.
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Approval by the CITY
The design of the artwork shall be reviewed and
approved in writing by the CITY for conformance with health,
safety and building codes prior to beginning of any constructic
of the artwork. Any major modifications to the artwork shall
also be subject to prior written approval of the CITY. During
the installation of the artwork, it shall be inspected at
periodic intervals by the CITY to assure compliance with healt
safety and building codes as shown on the approved drawings.
work done that is deemed by the CITY not to be in conformance
with health, safety and building codes as shown on the approve
drawings will be removed or replaced.
Budget
The total cost of the artwork, inclusive of the
ARTIST'S fee and expenses shall not exceed a projected budget
$75,000 without prior approval of the CITY.
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EXHIBIT
STAGECOACH PARK SCULPTURE PAYMENT SCHEDULE
A. 6.6 % - Upon signature of contract $ 5,OO
B. 20% - Upon acceptance of working drawings $15 IO0
C. 20% - Upon completion of 50% of the construction $15,00
D. 20% - Upon completion of 75% of the
E. 33.4% - Upon acceptance of completed
construction $15,00
artwork by City of Carlsbad $25,00
AB#*-
MTG. 10 / 20 / 87
DEPT. LIB
TITLE:
APPROPRIATION FROM CIVIC ARTS FUND
FOR PLAYGROUND SCULPTURE AT STAGE-
PARK
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RESOLUTION NO. 9260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROPRIATING FUNDS FO
PLAYGROUND SCULPTURE AT STAGECOACH PARK.
WHEREAS, Chapter 2.18 of the Carlsbad Municipa
governs the Carlsbad Arts Commission and establishes the
Arts Fund for public art; and
WHEREAS, expenditures from the Civic Arts Fund
City Council approval; and
WHEREAS, the Arts Commission recommends an art
commissioned to design playground sculpture for Stagecoa
and
WHEREAS, the Arts Commission advises a maximum
$87,500 should be appropriated to fund the artist's comm.
related administrative costs;
NOW, THEREFORE, BE IT RESOLVED that the City Cc
the City of Carlsbad, California, authorizes expenditure:
Civic Arts Fund in the following amount:
1. An amount of $87,500 for the commissioning
1 artist and related expenses for a playground sculpture Ec
1 Stagecoach Park, 3420 Mision Estancia, Carlsbad, Califorr
NOW, THEREFORE, BE IT FURTHER RESOLVED that the
Council of the City of Carlsbad, California, that the amc
$87,500 is hereby appropriated from the unreserved fund t
the Civic Arts Fund to Account No. 142-840-4210-2495,
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PASSED, APPROVED AND ADOPTED at a regular mer
City Council of the City of Carlsbad, California, held
day of October , 1987 by the following vote, to wit
AYES: Council Members Lewis, Kulchin, Pettine, Maml
NOES: None
ABSENT: None
1 /,’ / /’h’ ’
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CLAUDE A. LEWIS, Mayor
ALETHA L. R UTE KRANZ, City Cvrk
(SEAL)
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