HomeMy WebLinkAbout1990-11-06; City Council; 10888; APPROVAL OF CONTRACT FOR DESIGN AND EXECUTION OF ARTWORK IN THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT? ?
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BOULEVARD SHORE PROTECTION PROJECT CIT
APPROVAL OF CONTRACT FOR DESIGN
AND EXECUTION OF ARTWORK IN THE CARLSBAC
AB# /$ fsf TITLE:
MTG. 11/6/90
DEPT. Arts/Lib
RECOMMENDED ACTION:
qu-39* Adopt Resolution No. - approving a contract between the City of Carlsbad and
Raul Guerrero, and authorizing the Mayor of the City of Carlsbad to execute said cc
for and on behalf of the City of Carlsbad.
ITEM EXPLANATION:
The Arts Commission, endorsing the recommendation of the Selection Com
recommends artist, Raul Guerrero, to create public artwork to be incorporated
Carlsbad Boulevard Shore Protection project between the two jetties.
The Selection Committee consisted of representatives from the community, tt-
Commission and Municipal Projects. The Committee carefully reviewed work of
and selected three finalists. These finalists were interviewed and the corn
recommended San Diego artist, Raul Guerrero, for this project. Guerrero is the arti
created the tile bench on the blufftop walkway across from Sycamore Street
Committee will continue to discuss the artwork with the artist during design develoi
The artist will work with the engineers on incorporating art in the wall. Poss
include overall design treatment (pattern) to the concrete, and/or tile in the areas
pedestrians will access the beach and where benches and drinking fountains
located. There is a possibility of a handicapped access ramp to be designed i
Woodward-Clyde Consultants, engineers for the project, will be responsible for v
drawings.
The $30,000 will cover the design and execution of the artwork.
FISCAL IMPACT
Cost for this project is budgeted in the 1990/91 CIP. $30,000 is appropriated
project from the Public Art Fund (acct. no. 142-820-1 81 0-3353). The $30,000 w
the design and execution of the artwork. The artist will work within the budget to
the designs in the access areas. Any additional artwork will be included in M
Projects bid for the wall as an alternative add-on which Council will review with thc
project.
EXHIBITS:
1. Resolution No. ?fi372
2. Contract with Raul Guerrero
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RESOLUTION NO. 90-392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONTRACT
BETWEEN THE CITY OF CARLSBAD AND ARTIST RAUL
GUERRERO INCORPORATING ARTWORK IN THE CARLSBAD
BOULEVARD SHORE PROTECTION PROJECT
The City Council of the City of Carlsbad, California, does hereby resc
follows:
1. That certain contract between the City of Carlsbad and artis
Guerrero for the design and execution of public art to be incorpor
the Seawall, a copy of which is attached hereto and marked Exh
and made a part hereof, is hereby approved.
The Mayor of the City of Carlsbad is hereby authorized and direc
execute said contract for and on behalf of the City of Carlsbad.
That funds in the amount of $30,000 are appropriated in the Pul
Fund for this purpose.
2.
3.
NOW THEREFORE, BE IT RESOLVED that the City Council of the 1
Carlsbad, California, authorizes expenditures from the Public Art Fund (acct. no. 11
181 0-3353).
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Coi
the City of Carlsbad, California, held on the 6th day of Navember , 1990,
following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Kulchin, Pettine, Mamaux and
ABSENT: None
ATTEST:
ALETHA L. RAUT
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AGREEMENT FOR DESIGN AND EXECUTION
OF PUBLIC ARTWORK
This agreement is entered into by the City of Carlsbad, a municipal corpo
hereinafter referred to as "CITY' and RAUL GUERRERO, hereinafter referred to
"ARTIST'.
RECITALS
WHEREAS, the CITY is implementing a public art program pursuant to Car
Municipal Code Chapter 2:18 by allocating funds for the placement of artwork in
places and authorizing payment for the design, execution, and placement of such
of art; and
WHEREAS, the CITY wants to purchase certain public artwork, hereinafter referrec
the "ARTWORK", to be installed at the Carlsbad Boulevard Shore Protection P
hereinafter referred to as the "SITE' (Exhibit "A'); and
WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by the
to create the ARTWORK and funds have been allocated for that purpose;
NOW, THEREFORE, the CITY and the ARTIST, for the consideration and und
conditions hereinafter set forth, agree as follows:
1. ARTIST'S OBLIGATIONS
(a) The ARTIST shall, to the best of his artistic ability, design, fab
construct and install the ARTWORK.
(b) The ARTIST shall create the ARTWORK taking into consideration the
of the SITE, the surrounding community, the amount of money allocated fi
ARTWORK by the CITY ( a total of $30,000, to include both DESIGN and execution
ARTWORK as shown in Exhibit T"), and the amount of maintenance required.
The ARTIST shall create the ARTWORK taking into consideration the
of the public, including, but not limited to, the safety of persons travelling on public
of way.
(d) The ARTIST shall create the ARTWORK in a manner which confor regulations of all public agencies with jurisdiction over the SITE or the ARTWORK
all other applicable laws, regulations and standards, including but not limited to, fc
state, and local.
(c)
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(e) The ARTIST shall meet regularly with CITY staff, including but not limil the Municipal Projects Manager, Project Manager and Arts Office Manager (Exhib
to insure the design and implementation of the ARTWORK complies with all pro\
of this agreement.
Within 60 days after the execution of this agreement by the CIT
ARTIST shall submit to the Carlsbad Arts Commission a design concept, here
referred to as "DESIGN', in a tangible form. The Arts Commission shall wi
reasonable time, following the submission of the DESIGN, approve or disappro
DESIGN. If the DESIGN is disapproved, the ARTIST may submit a second DESI
the Carlsbad Arts Commission within 60 days. The Arts Commission shall not
ARTIST within a reasonable time whether it approves or disapproves the second DE
If the Arts Commission disapproves, the contract shall terminate with payment m
the ARTIST as shown in EXHIBIT "C" and all DESIGN materials shall be returned
ARTIST. In that event, neither party shall have further obligation to the other, w
exception of the ARTIST'S obligations under the hold harmless and indemnity pro\
of this agreement.
(9) The DESIGN shall specify materials, dimensions, finish, color, and an! information which is necessary for the preparation of working drawings. The Dl
shall also include the maintenance requirements and installation method contem
by the ARTIST and an estimate of their cost. The DESIGN shall include a mod
model is necessary to present a meaningful representation of the design. This
mutually agreed upon by the Arts Office Manager and the ARTIST in advance.
The ARTIST shall furnish all supplies, materials and equipment nec
for preparation of the DESIGN and execution of the ARTWORK.
After approval, the ARTIST shall submit the DESIGN to Woodward
Consultants, hereinafter referred to as the "ENGINEERS", for preparation of H
drawings if the Municipal Projects Manager determines working drawings are necc
The ARTIST shall meet with the ENGINEERS as necessary to insure t
working drawings correctly depict the DESIGN and meet the acceptance standard!
CITY as interpreted by the City Engineer.
After approval of the DESIGN pursuant to Section 1 (9, the ARTE
furnish to the Arts Office Manager a tentative schedule for completion of fabricati
installation of the ARTWORK, including a schedule for the submission of progress r
After written approval of the schedule by the Arts Office Manager, the ARTIS
fabricate, transport and install the ARTWORK in accordance with such schedule
schedule may be amended by written agreement between the Arts Office Mi
Municipal Projects Manager and the ARTIST.
(9
(h)
(i)
(j)
(k)
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1.
The Arts Office Manager and the Municipal Projects Manager shall have the
to review the ARTWORK at reasonable times during the fabrication thereof. The AF
shall submit to the Arts Office Manager progress reports in accordance with the schc
provided for in this Section.
(I) The ARTIST shall complete the fabrication and installation of the ARM
in substantial conformity with the DESIGN and the working drawings
If it is discovered, after the approval of the DESIGN, that revisions to the DE
are necessary for the ARTWORK to comply with any law, standard or regulatior
ARTIST shall make such revisions as are necessary. If the revisions required substai
change the approved DESIGN, the Arts Commission may approve the revisioi
recommend termination of the contract pursuant to the termination clause in Sect
Minor changes may be approved by the City Engineer.
(m)
(n)
The ARTIST shall meet with representatives of public entities with jurisd
over the ARTWORK or the SITE to address any concerns voiced by those entities
The ARTIST shall notify the Municipal Projects Manager and the Arts (
Manager in writing when fabrication of the ARTWORK is compleJed and he is reac
its delivery and installation at the SITE.
The ARTIST shall deliver and install the completed ARTWORK at the SI
compliance with the schedule approved pursuant to Section 1 (k). The ARTIST
immediately notify the Engineering Department of any problem associated wit
installation of the ARTWORK, including but not limited to, nonconformity with the DE1
violations of law, safety problems, poor quality of materials or workmanship or conc
which would endanger the long term existence of the ARTWORK.
The CJN shall be responsible for all expenses, labor and equipment to pr
the SITE for the timely installation of the ARTWORK, including landscaping, foc
plumbing, and area and spot lighting of the ARTWORK.
Upon installation of the ARTWORK, the ARTIST shall provide to thl
Engineer written instructions for appropriate maintenance and preservation (
ARTWORK.
The ARTIST shall be insured in the following manner, with the CITY r
(0)
(p) as an additional insured;
The ARTIST shall be required to provide a certificate of insurance indi
$1 million liability coverage, showing the CITY as additional insured. Liabiiity insL
shall cover the design and execution of this project. Insurance shall date from tt
day of construction until one year after acceptance by the City Council.
The ARTIST shall be required to provide proof of automobile I
coverage as required by the Risk Manager.
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(9) The ARTIST shall, at the option of the Arts Office Manager, meet w general public or representatives of the media to discuss the design of the ART\(
The ARTIST shall not release any information to the public related to the SI
performed under this agreement without advance written permission of the Arts
Manager.
(r) The risk of loss or damage to the ARTWORK shall be borne by the 1 until final acceptance, and the ARTIST shall take such measures as are neces!
protect the ARTWORK from loss or damage until final acceptance; except that t
of loss or damage shall be borne by the CITY prior to final acceptance durin!
periods of time as the partially or wholly completed ARTWORK is in the custody, or supervision 'of the CIW or its agents for the purposes of transporting, storing, in
or performing any other ancillary services to the ARTWORK.
2. CITY'S OBLIGATIONS
(a)
(b)
The CITY shall make available to the ARTIST background information
SITE, if requested by the ARTIST.
The CIN shall make payment to the ARTIST as shown in Exhibit "C
represents payment in full. The total fee is $30,000 which includes sales tax if rt
and all travel and transportation expenses of the ARTIST.
(c) A plaque identifying the ARTIST, the title of the ARTWORK, if any, i
year of the ARTWORK'S completion will be displayed in the immediate vicinity
installed ARTWORK at the expense of the CITY.
3. TIME EXTENSIONS
The City will grant a reasonable extension of time to the ARTIST in th
that there is a delay on the part of the CITY in performing its obligations unc
agreement, or if conditions beyond the ARTIST'S control or acts of God rende
performance of the ARTIST'S services impossible or unexpectedly burdensome.
to fulfill contractual obligations due to conditions beyond either party's reasonable
will not be considered a breach of contract; provided that such obligations 5
suspended only for the duration of such conditions.
4. TERMINATION
If either party to this agreement shall willfully or negligently fail to fulfill in
and proper manner, or otherwise violate, any of the covenants, agreements or stip
material to this agreement, the other party shall thereupon have the right to termir
agreement by giving written notice to the defaulting party of its intent to te
specifying the grounds for termination. The defaulting party shall have (30) dz
receipt of the notice to cure the default. If it is not cured, then this agreemc
terminate. In the event of default by the CITY, the CITY shall compensate the AR
all services performed by the ARTIST prior to termination according to the s
shown in Exhibit "C". In the event of default by the ARTIST, all finished and ur
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drawings, sketches, photographs, and other work products prepared and submit
prepared for submission by the ARTIST under this agreement shall at the CITY'S 1
become its property, provided that no right to fabricate or execute the ARlWORl
pass to the CITY and the CITY shall compensate the ARTIST according to the sct
shown in Exhibit "Ci for all services performed by the ARTIST prior to c
Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability
CITY for damages sustained by the CITY by virtue of any breach of this agreement
ARTIST, and the CITY may reasonably withhold payments to the ARTIST until SUC
as the exact amount of such damages due the CITY from the ARTIST is determii
5. OWNERSHIP OF MATERIAL SUBMITTED
All materials submitted relating to the ARTWORK or the DESIGN are the pr
of the CITY.
6. OWNERSHIP OF THE ARTWORK
Title to the completed ARTWORK immediately vests in the CITY upon coml
along with all rights of ownership, possession and control. Prior to completion
ARIWORK, CITY shall have the right, at its option, to claim ownership, possessi(
control of the uncompleted portions of the ARTWORK which are on the SITE.
7. REPRODUCTION RIGHTS
The ARTIST retains all rights under the Copyright Act of 1976 (17 U.S.C.
seq.). The ARTIST grants to the CITY a fully-paid-up irrevocable license tc
reproductions of the ARTWORK for noncommercial purposes, including but not
to, reproductions used in CITY business, advertising, brochures, posters, media pi
catalogs, souvenirs, photographs, drawings, or publications of the CITY, pr
however, the CITY may not make a full scale exact duplicate of the ARTWORK. Tt
shall include the ARTIST'S copyright notice on any reproductions and the ARTIZ
include the following words on any reproduction: "An original work commissionec
City of Carlsbad, California."
8. REGISTRATION OF COPYRIGHT
The responsibility for registration of the copyright shall be the responsibilil
copyright holder under this agreement.
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9. WARRANTIES
1. Warranty of Title
The ARTIST represents and warrants that:
The ARTWORK is solely the result of the artistic effort of the ARTIST
The ARTWORK is unique and original and does not infringe up0
The ARTWORK or a duplicate of the ARTWORK has not beer
(a)
(b) copyright.
(c) elsewhere.
(d) The ARTIST shall not make any exact duplicate reproduction t
ARTWORK nor shall the ARTIST grant permission to others to do so, except wi
written permission of the CITY.
2. Warranty of Quality and Condition
The ARTIST represents and warrants that:
The execution and fabrication of the ARTWORK, will be performet
The ARTWORK, as fabricated and installed, will be free of defects in rn
and workmanship, including any defects consisting of "inherent vice" or qualities
cause or accelerate deterioration of the ARTWORK.
Reasonable maintenance of the ARTWORK will not require procc
substantially in excess of those described in the maintenance recommendations
submitted by the ARTIST to the CITY hereunder.
The warranty of quality and condition shall survive for a period of on
after the final acceptance of the ARTWORK. The CITY shall give notice to the ARl
any observed breach with reasonable promptness. The ARTIST shall, at the reqi
the CITY, and at no cost to the CITY, cure reasonably and promptly the breach
such warranty which is curable by the ARTIST and which cure is consister
professional conservation standards (including, for example, cure by means of re1
refabrication of the ARTWORK).
10. REPAIRS
The CITY shall have the right to determine when and if repairs and restorations
ARTWORK will be made.
(a)
(b)
workmanlike manner.
(c)
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11. WAIVER
Due to the nature of the ARWORK and the SITE on which it is installe
ARTIST and his agents, heirs, successors and assigns hereby waive any and all
987. The ARTIST, his agents, heirs, and assigns also agree not to attempt to defc
waiver by cooperating with any organization which seeks to bring an action undc
Code Section 989.
12. STATUS OF THE ARTIST
" they may have under the California Preservation Act, as set forth in Civil Code S
The ARTIST shall perform the services provided for herein in ARTIST'S ov
as an independent contractor and in pursuit of ARTIST'S independent calling, and
an employee of the CITY. ARTIST shall be under control of the CIN only as to thc
to be accomplished, but shall consult with the CIN as provided for in this agree
13. WITHHOLDINGS
The CITY shall not make any federat or state tax withholdings on behall
ARTIST. The CITY shall not be required to pay workers' compensation insura
behalf of the ARTIST. The ARTIST agrees to indemnify the CITY for any tax, reti
contribution, social security, overtime payment, or workers' compensation paymer
the CITY may be required to make on behalf of the ARTIST or any employee
ARTIST for work done under this agreement.
14. IMMIGRATION ACT
The ARTIST shall be aware of the requirements of the Immigration Refc
Control Act of 1986 and shall comply with those requirements, including, but no
to, verifying the eligibility for employment of all agents, employees, subcontract
consultants that are included in this agreement.
15. NONDISCRIMINATION CLAUSE
The ARTIST shall comply with the state and federal laws re
nondiscrimination.
16. COVENANTS AGAINST CONTINGENT FEES
The ARTIST warrants that they have not employed or retained any con
person, other than a bona fide employee working for the ARTIST, to solicit or se
agreement, and that ARTIST has not paid or agreed to pay any company or
other than a bona fide employee, any fee, commission, percentage, brokerage
or any other consideration contingent upon, or resulting from, the award or makii
agreement. For breach or violation of this warranty, the CITY shall have the righl
this agreement without liability, or, in its discretion, to deduct from the agreem
or consideration, or otherwise recover, the full amount of such fee, con
percentage, brokerage fee, gift, or contingent fee.
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17. HOLD HARMLESS AGREEMENT
The CITY, its officers, and employees shall not be liable for any claims, lial
penalties, fines, for any damage to goods, properties, or effects of any f
whatsoever, nor for personal injuries or death caused by, or resulting from, any inte
or negligent acts, errors or omissions of ARTIST or ARTIST's agents, employe
representatives. ARTIST agrees to defend, indemnify, and save free and harmle CITY and its officers and employees against any of the foregoing liabilities or ck
any kind, and any cost and expense including attorney's fees incurred by the C
account of any of the foregoing liabilities, including liabilities or claims by rea
alleged defects in the DESIGN.
18. ASSIGNMENT OF CONTRACT
The ARTIST shall not assign this contract or any part thereof or any moni
thereunder without the prior written consent of the CITY.
19. SUBCONTRACTING
The ARTIST shall not subcontract any portion of this agreement without
permission from the CITY. If the ARTIST subcontracts any of the work to be per
under this agreement, ARTIST shall be fully responsible to the CITY for the ac
omissions of ARTIST's subcontractor and of the persons either directly or in
employed by the subcontractor, as ARTIST is for the acts and omissions of F
directly employed by ARTIST. Nothing contained in this agreement shall cre;
contractual relationship between any subcontractor of ARTIST and the CITY. The i
shall bind every subcontractor and every subcontractor of a subcontractor by thc
of this agreement applicable to ARTIST's work unless specifically noted to the c
in the subcontract in question and approved in writing by the CITY.
20. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the
negotiate, make, accept, or approve, or take part in negotiating, making, accep
approving of this agreement, shall become directly or indirectly interested persc
this contract or in any part thereof. No officer or employee of the CITY who is aut
in such capacity and on behalf of the CITY to exercise any executive, supervi!
similar functions in connection with the performance of this contract shall become
or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employe
CITY, either before, during or after the execution of this contract, shall affect or
any of the terms or obligations herein contained nor entitle the ARTIST to any ac
payment whatsoever under the terms of this contract.
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22. CONFLICT OF INTEREST
The ARTIST shall file a Conflict of Interest Statement with the City C
accordance with the requirements of the City of Carlsbad Conflict of interest Codc
ARTIST shall report investments or interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals. 0&6 CITY OF CARLSBAD
CIAUDE A. LEWIS, Mayor pYFb- E 0,ArtiS 1
ATTEST: APPROVEDASTOFORM
City Clerk City Attorney
Attachments:
Exhibit A
Exhibit B
Exhibit C
BY. u KAREN J. HIRATA DEPUTY CITY AlTQRN
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- - L~CATION MRp
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LEGEND WJA AREA TO BE lMPROVED
(.*&&. .' .*a%
a.
' cFs% RIP-RAP TO BE INSTALLED
1 PROJECT NAME PROJECT A
SHORE PROTECTION WALL 3307
b .;
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EXHIBIT "B"
The ARTIST will work with the City of Carlsbad, Arts Office, who will be responsit
administering this contract.
1. Connie Beardsley, Manager 61 9-45
Arts Office
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
2. Jim Wilstermann, Public Art Administrator 61 9-43
Arts Office
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
3. John Cahill, Manager 61 9-43
Municipal Projects
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
4. Pat Entezari, Project Manager 61 9-4:
Municipal Projects
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
5. Louis Lee, vice President 61 9-2'
Woodward-Clyde Consultants
1550 Hotel Circle N.
San Diego, CA 92108
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EXHIBIT "C"
. Pavment Schedule
A. Upon presentation of initial DESIGN $2,500.
to the Arts Commission
B. Upon approval of DESIGN or disapproval $2,500 of second DESIGN
C. Upon acceptance of working drawings $5,000
D. Upon beginning of construction $s,ooo
E. Upon completion of 50% of construction $s,ooc
F. Upon completion of 75% of construction $5,00(
G. Upon acceptance of completed ARTWORK $5,00(
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