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the approved public artwork as they are no longer applicable - the etched glass panels depicting a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.
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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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
follows:
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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.
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City Attorney Approved Version #05.22.01
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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
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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.
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