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HomeMy WebLinkAbout2004-11-16; City Council; 17891; Aviara Community Park public art contract amendCITY OF CARLSBAD -AGENDA BILL AB# 17,891 MTG. 11/16/04 DEPT. Arts TITLE: APPROVAL OF AMENDMENT TO CONTRACT FOR PUBLIC ART AT AVIARA COMMUNITY PARK CITY ATTY. RECOMMENDED ACTION: City Council Adopt Resolution No. 2004-369 approving the amendment to the contract signed January 11, 2002, with artists Richard Keely and Anna O’Cain to create and install artwork at Aviara Park. ITEM EXPLANATION: San Diego artists Richard Keely and Anna O’Cain were approved to design and implement public art in Aviara Park at a cost of $1 00,000. The approved public artwork for the Park includes: = Photo-etched panels along the walkways that traverse the park = Etched glass panels depicting a map of Carlsbad in the community building = Photo-etched panels along the wall of the courtyard of the community building. = Metal cutouts of sports images located on poles In the 2003-2004 CIP, the City deleted the Community Center from the project, deferring its construction to a future date. The deletion of the Center has resulted in eliminating two portions of the approved public artwork as they are no longer applicable - the etched glass panels depicting a map of Carlsbad in the community building, and the photo-etched panels along the courtyard of the community building. The artists and staff have worked to develop a revised scope of services that includes retaining the construction of the photo-etched panels along the walkways that traverse the park, and metal cutouts of sports images located on poles. Fees in the amount of $65,150 have been agreed on for these services which also covers increases in materials due to construction delay. FISCAL IMPACT: Funds in the amount of $651 50 are appropriated in the Aviara Community Park Capital Improvement Project account. EXHIBITS: 1. Resolution No. 2004-369 2. Amendment No 1. with Richard Keely and Anna O’Cain. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE PUBLIC ART CONTRACT WITH ARTISTS RICHARD KEELY AND ANNA O’CAIN WHEREAS, Ordinance 1279 of the Carlsbad Municipal Code allows for 1% of the total construction cost of a Capital Improvement Project to be allocated for public art: and WHEREAS, San Diego artists Richard Keely and Anna O’Cain were approved to design and implement public artwork for Aviara Community Park; and WHEREAS, an agreement between the City and the artists was executed in January 11, 2002 for $1 00,000; and WHEREAS, the artwork for Aviara Community Park which consisted of artwork in and adjacent to the community center, along with various locations throughout the park followed the City’s public art process and was approved by City Council; and WHEREAS, the City deleted the community center from the park in the 2003-2004 Capital Improvement Program deferring its construction to a future date; and WHEREAS, the removal of the community center from the project also eliminated the public art in and adjacent to the community center; and WHEREAS, the artists and staff have developed a revised scope of services that retain the remaining approved artwork and required costs, taking into account materials increases due to the delay in construction; and WHEREAS, an amendment to the contract with the artists reducing the costs for public artwork from $1 00,000 to $651 50 is requested to be approved. Ill Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. 2. City of Carlsbad and artists Richard Keely and Anna O’Cain for design and execution of public artwork for Aviara Community Park reducing the amount from $100,000 to $65,150 is hereby approved. That the above recitations are true and correct. That the amendment to the agreement dated January 11,2002, between the PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16thday of November , 2004, by the following vote, to wit: AYES: Council Members Lewi NOES: None ABSENT: None ATTEST: -2- 3 AMENDMENT NO. & TO EXTEND AND AMEND AGREEMENT FOR DESIGN AND EXECUTION OF PUBLIC ARTWORK (Richard Keely and Anna O’Cain) This Amendment No. & is entered into and effective as of the day of , 2003, extending and amending the agreement dated January 11, 2002 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Richard Keely and Anna O’Cain, (“Artists”) (collectively, the “Parties”) for the design and execution of public artwork to be installed in Aviara Community Park. WOW^ bet- RECITALS A. The Parties desire to alter the Agreement‘s scope of work and costs directly associated to the design and implementation of public artwork in Aviara Community Park, approved by the City due to the elimination of the Community Center in the overall project by the City. B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in 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 sixty-five thousand, one hundred-fifty dollars ($65,150). 2. City will pay Contractor for all work associated with those services described in Exhibit “A.” 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 the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. ... ... ... ... City Attorney Approved Version #05.22.01 1 7. 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. dr Mayor Y ATTEST: *By: V(sign here) - (print namehitie) svact-Y@wcM,M~ (e-mail address) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy Cityxtorney City Attorney Approved Version #05.22.01 2 EXHIBIT “A” SCOPE OF SERVICES AND FEE Working with the Aviara Community Park design team, create design and execute public artwork to be incorporated into various areas of the park as an aesthetic and/or functional component of the overall park design. Samples: metal plates, project drawings, reproductions Giclee photographic prints: for presentations and public viewing. Nine laser, water cut steel panels: Six 48 inch diameter circles, 114 inch steel. Three 24’x 36’ rectangles, 1/4 inch steel. Ultra Marine finish: with abrasive garnet blasting, zinc marine primer, two coats of marine epoxy and high gloss baked polyurethane paint. Nine steel panes. Marine resistant photographic metal plates Ten plates various sizes up to 202/24’ Ten replacement plates. Contact print negatives and film processing. Ten negatives up to 202x24’ Structural engineer consultant Installation $5,500.00 $12,000 $3,000 $4,700 $2,000 $2,000 $1,300 $500 $1,500 Fee for design and installation of removable bolt system for photographic images on boulders Insurance $4,000 Liability insurance for five years, three thus far, one for working process and the one year required after installation. 10% standard deviation $3,650 Artist Fees $25,000 Total: $65,150.00 City Attorney Approved Version #05.22.01 3 To: Council Members From: Assistant City Manager Subject : Date: November 16,2004 Zone 19 Community Park Art Components Attached are copies of two artist renderings of art components that are proceeding for the Zone 19 Community Park. Larger renderings will be available in Council chambers for this evening’s Council meeting. Attachments 0 s 0