HomeMy WebLinkAbout2013-04-30; City Council; 21197; Approval Art Install Alga Note Park Project 3925CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT,
21,197
4/30/13
Library &
Cultural
Arts
APPROVAL OF PUBLIC ART
CONTRACT WITH PAUL HOBSON
TO FABRICATE AND INSTALL
ARTWORK AT ALGA NORTE
COMMUNITY PARK,
PROJECT NO. 3925
DEPT. DIRECTOR
CITY ATTORN
CITY MANAGE It.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-087 approving a contract with Paul Hobson to fabricate and
install public artwork at Alga Norte Community Park, Project No. 3925.
ITEM EXPLANATION:
The City of Carisbad has a demonstrated commitment to fostering art and culture in the
community, understanding that the arts can enliven the built environment and add to the city's
quality of life. One way the city supports the arts and embodies these core values is by
incorporating public artwork into its eligible civic projects.
Alga Norte Community Park (ANCP), Project No. 3925 is the city's most recent civic project
identified to have a public art component included as part of its construction. As managers of
the city's public art program, the Cultural Arts Office has worked closely with San Diego-based
artist Paul Hobson, the Arts Commission, the public, and a variety of internal and external
partners and stakeholders to develop proposed artwork for the park. On July 17, 2007, City
Council approved a series of art elements created by the artist for the park, with an allocation of
$280,000, as part of Resolution No. 2007-186 (Exhibit #2).
Changes in the park design made since July 2007 required the artist to reexamine and make
minor updates to the previously approved art elements and on April 12, 2013, these updates
were approved by the City's Cultural Arts Manager (Exhibit #3A & #38). The next step in the
realization of this public artwork is for City Council to hire the artist, Paul Hobson, to fabricate
and install the proposed artwork at the ANCP site.
The location and installation details of the approved artworks have been fully coordinated with
the City's Project Manager and with the park's design/build construction firm, T.B. Penick &
Sons, Inc. The artworks will be installed in the swim complex area - the location of the highest
concentration of visitors. The entryway "swim and dive panels" will create an elegant and
inspiring setting as visitors go into the pool area. Also, a variety of art elements using mosaic
tiles focused around the public "seating" options in the pool area will enliven the environment
with color and energy.
Department Contact: Peter Gordon, Arts Manager, 760-434-2921
peter.gordon@carisbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X
DENIED •
CONTINUED •
WITHDF(AWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER - SEE MINUTES •
Page 2
Staff recommends that City Council approve a public art contract in the amount of $158,000
with Paul Hobson to fabricate and install the approved artwork at the Alga Norte Community
Park site. (Exhibit #4).
FISCAL IMPACT:
Council previously appropriated General Capital Construction funds and Public Facilities Fee
funds for the ANCP project and allocated $280,000 for the public art elements. There are
sufficient remaining appropriations to carry out the fabrication and installation of the proposed
and approved art elements for the park at this time. The public art project budget is as follows:
Alga Norte Community Park Public Art Budget and Expenses
Total public art allocation $280,000
Costs
Original design contract $60,000
Amendment to design contract for requested revisions $10,000
Direct City payment to T.B. Penick for related construction $37,000
Fabrication & installation of artwork $158,000
Estimated Total Project Costs $265,000
Contingency $15,000
ENVIRONMENTAL IMPACT:
On March 1, 2006, the Planning Commission adopted Resolution No. 6039 adopting a Negative
Declaration (ND) and approved Resolution No. 6040 for Conditional Use Permit No. CUP 04-08
for the ANCP Project.
Furthermore, pursuant to Public Resources Code Section 21065, the award of a contract for
fabricating and installing public artwork does not constitute a "project" within the meaning of the
California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore does not require environmental review.
EXHIBITS:
1. Resolution No. 2013-087 Authorizing a Contract to be entered into with Paul Hobson
for the Fabrication and Installation of Artwork at Alga Norte Community Park, Project No.
3925.
2. Artwork by Paul Hobson approved by City Council on July 17, 2007
3. Updated artwork (April 2013) by Paul Hobson to be Fabricated and Installed at Alga
Norte Community Park, Project No 3925.
4. Contract with Paul Hobson for Fabrication and Installation of Public Artwork.
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RESOLUTION NO. 2013-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING A CONTRACT
WITH PAUL HOBSON FOR FABRICATION AND
INSTALLATION OF ARTWORK AT ALGA NORTE
COMMUNITY PARK, PROJECT NO. 3925
WHEREAS, the City Council of the City of Carisbad, California, has shown its
commitment to fostering art and culture in the community by incorporating public art into
its eligible civic projects; and
WHEREAS, the City Council of the City of Carisbad, California, adopted
Resolution No. 2007-186 approving a series of art elements created by the San Diego-
based artist Paul Hobson, for Alga Norte Community Park, (ANCP), Project No. 3925 with
an allocation of $280,000 on July 17, 2007; and
WHEREAS, changes in the park design since 2007 required minor updates to
the design of the public art elements, and these updated designs were approved by the
City's Cultural Arts Manager on April 12, 2013; and
WHEREAS, Paul Hobson has agreed to fabricate and install the approved public
art elements at the ANCP site under the terms and conditions of the proposed contract;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carisbad, California, as follows:
1. That the above recitations are true and correct.
2. That the contract for fabrication and installation of the public art elements
at Alga Norte Community Park with Paul Hobson in the amount of $158,000 is hereby
approved, and the Mayor is authorized to execute the contract.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carisbad on the 30*^ day of April, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
m
/V^rtA/^f^K- ois^i^N^ Ap/>Mvf7^ By c(Ty O^JNCIU ' Tt/c-y /T, Z007-
ALGA NORTE COMMUNITY PARK
PUBLIC ART ELEMENTS
by ?A\Jl HOBSON, ARTIST
Design Team:
Wimmer Yamada and Caughey
Architects Hanna Sabriel Weils
Sports Pipe Sculptures ^
Shaped 1" galvanized steel pipes trace the outlines of a
basketball player, a softtMll outfielder and a skateboarder.
The sculptures will float 6" from the surface of exterior
walls of adjacent tniikJings.
Tile Towel Inlays
Responding to the vast scale of the aquatics
complex 12 large ookxful pool towel designs
will be inlayed into the deck area adjacent to
the lazy river. These whimsical 15' x 8'
ceramic tile towels will be suitable for families
or groups to bask on and will be a colorful
visual enhancement to the aquatics complex.
Stacked Pool Towels Seating
Stacks of colorful folded pool towels will be an^nged in
groups of twos and threes and act as seating in the aquatkrs
complex. Sculpted from polyurethane foam blocks they will
be coated with polyurethane resin and finished vwth
pigmented fiberglass resin.
Wv« Tedmivn and Swim Stroke Panels
Supporting the aquatics theme six 8' x 4' x COrBn panels
depicting cutout designs of dives and swim strokes will be sited in the entry garden of the aquatics compksc
Pool Towel Banners
10' X 2'-^" banners depicting
pool towels are sited on light
standards in the parking kit and
aquatk3 area.
ALGA NORTE COMMUNITY PARK
SWIM AND DIVE
ENTRY PANELS
4 . f
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CRAWL INWARD PIKE BUTTERFLY
BUILDING 2
NORTH ELEVATION
f .] 1 _ J •r
NINE STAINLESS STEEL PANELS MOUNTED ON CONCRETE
WALLS WILL FEATURE COPPER AND BRASS SWIMMERS
ILLUSTRATING SWIM STROKES AND DIVE TECHNIQUES
IN STOP ACTION SEQUENCES.
AfpilL. 2.0(3' yp^ATBt) PSS^^HS
ALGA NORTE COMMUNITY PARK
MOSAIC SEAT WALL
AND BENCHES
FIFTYEIGHT 24" X 12" MOSAIC
TOWEL INLAYS ENHANCE 210
LINEAL FEET OF SEAT WALL
6'-0'
O
BENCH TOPS
TWELVE 3' X 6' X 18" MOSAIC TOWEL BENCHES
MOSAIC TOWEL INLAYS
Hi
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PAUL HOBSON
FOR FABRICATION AND INSTALLATION OF PUBLIC ARTWORK
This agreement is entered into on the /^^ day of /^^X/ , 2013, by the City of
Carlsbad, a municipal corporation, hereinafter referred to as "CTTY" and PAUL HOBSON, an
individual, hereinafter referred to as "ARTIST".
RECITALS
WHEREAS, Carlsbad Municipal Code sections 2.18.110 and 2.18.120 authorize the City to select
artists and to commission the placement of works of art in public places; and
WHEREAS, the CITY wants to commission ARTIST to fabricate and install artwork
("ARTWORK") as further described in Exhibits "Al and A2" at Alga Norte Community Park
("ANCP"), located east of El Camino Real, bordered on the south by Poinsettia Lane and on the
east by Alicante Road ("SITE") as further described in Exhibit "B", and according to the Payment
Schedule set forth in Exhibit "C"; and
WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by the CITY, to
fabricate and install the ARTWORK and funds have been allocated for that purpose;
NOW, THEREFORE, CITY and ARTIST, for the consideration and under the conditions
hereinafter set forth, agree as follows:
L ARTISTES OBLIGATIONS
(a) The ARTIST shall, to the best of his artistic ability, fabricate and install the
ARTWORK as described in Exhibits "Al and A2" in a manner that is consistent
with the intent and purpose of this Agreement.
(b) The ARTIST shall fabricate and install ARTWORK taking into consideration the
nature of the SITE, the surrounding community, the amount of money allocated
for the ARTWORK by the CITY (a not-to-exceed amount of $158,000 that
includes the materials, fabrication, transportation/shipping, installation, and all
ARTIST travel and taxes, regardless of form, payable according to the Payment
Schedule set forth in Exhibit "C",) and the desirability for low maintenance of
said ARTWORK.
(c) The ARTIST shall purchase materials, fabricate, arrange and transport the
ARTWORK to the SITE and install the ARTWORK taking into consideration
the safety of the public, including, but not limited to, the safety of persons
traveling on public rights of way.
(d) The ARTIST shall fabricate and install the ARTWORK in a manner which
conforms to regulations of all public agencies with jurisdiction over the SITE or
the ARTWORK and to all other applicable laws, regulations and standards,
including but not limited to, federal, state, and local.
(e) The ARTIST shall meet regularly with CITY staff to ensure the fabrication and
installation of the ARTWORK complies with all provisions of this Agreement.
(f) The ARTIST shall fumish all supplies, materials and equipment necessary for
fabrication and installation of the ARTWORK.
(g) The Cultural Arts Manager will fumish ARTIST with a notice to proceed and
within two weeks of receipt of the notice to proceed, ARTIST shall fumish to the
Cultural Arts Manager a tentative schedule for completion of fabrication and
installation of the ARTWORK. After written approval of the schedule by the
Cultural Arts Manager, the ARTIST shall purchase materials, fabricate, transport
and install the ARTWORK in accordance with such schedule. Such schedule
may be amended for good cause by written agreement between the Cultural Arts
Manager and the ARTIST.
The Cultural Arts Manager shall have the right to review the ARTWORK at
reasonable times during the fabrication thereof
(h) The ARTIST shall complete the fabrication and installation of the ARTWORK in
conformity with the approved design (hereinafter "DESIGN"). [The parties
acknowledge that the approved design was the subject of a prior contract.]
If it is discovered during the fabrication and/or installation period that revisions
to the DESIGN are necessary for the ARTWORK to comply with any law,
standard or regulation, the ARTIST shall make such revisions as are necessary
and within a reasonable period of time. If the revisions required substantially
change the approved DESIGN, the CITY may approve the revisions or
recommend termination of this Agreement pursuant to the termination clause in
Section 4. Minor changes to DESIGN may be approved by the Cultural Arts
Manager.
(i) The ARTIST may be required to meet with representatives of public entities with
jurisdiction over the ARTWORK or the SITE to address any concems voiced by
those representatives.
(j) The ARTIST shall notify the Cultural Arts Manager in writing when fabrication
of the ARTWORK is completed and is ready for the delivery and installation at
the SITE. ARTIST shall also notify the Cultural Arts Manager in writing
regarding SITE preparation for the ARTWORK. SITE preparation requirements
shall be identified and the schedule shall include a reasonable period of time for
CITY to prepare the SITE for the ARTWORK.
The ARTIST shall deliver and install the completed ARTWORK at the SITE.
The CITY shall be responsible for all expenses, labor and equipment to prepare
the SITE for the timely installation of the ARTWORK, as approved by the CITY
as the result of the prior Design contract dated December 6, 2012.
(k) Upon installation of the ARTWORK, the ARTIST shall provide to the Cultural
Arts Manager written instmctions for appropriate maintenance and preservation
of the ARTWORK.
(1) The ARTIST shall, at the option of the Cultural Arts Manager, meet with the
general public or representatives of the media to discuss the DESIGN of the
ARTWORK.
(m) The risk of loss or damage to the ARTWORK shall be home by the ARTIST
until fmal acceptance by CITY, and the ARTIST shall take such measures as are
necessary to protect the ARTWORK from loss or damage until fmal acceptance;
except that the risk of loss or damage shall be home by the CITY prior to fmal
acceptance during such periods of time as the partially or wholly completed
ARTWORK is in the sole custody, control or supervision of the CITY or its
agents for the sole purposes of transporting, storing, installing or performing any
other ancillary services for the ARTWORK. ARTIST is responsible for the
Artwork while it is at the SITE awaiting or being installed and before fmal
acceptance by the CITY.
(n) The ARTIST shall be insured in the following manner, with the CITY named as
an additional insured;
Prior to commencing any work or receiving payment for any services performed
under this Agreement, the ARTIST must provide a certificate of insurance
indicating $1 million general liability coverage, naming CITY as additional
insured. The insurance shall cover all phases of the project and shall be effective
from the first day work is commenced under this Agreement until one year after
fmal acceptance of the ARTWORK by the City Council. The insurance must be
obtained from a carrier that is admitted and authorized to do business in
Califomia and that has a current Best's Key Rating of not less that "A-:V." The
insurance coverage must be single-limit occurrence coverage and may not be
cancelled without thirty (30) days written notice to the CITY sent by certified
mail.
The ARTIST shall be required to provide proof of automobile liability coverage
as required by the CITY's Risk Manager.
(o) All costs associated with this Agreement, including cost of insurance, shall be the
responsibility of ARTIST.
(p) Artist shall provide to CITY lien releases for all materials, transportation, and the
like before payment to ARTIST shall be made.
2. CITY'S OBLIGATIONS
(a) The CITY shall make available to the ARTIST, background information on the
SITE, if requested by the ARTIST.
(b) Subject to Section 1(b) and l(p) above, the CITY shall make payments to the
ARTIST according to the payment schedule in Exhibit "C". The total not-to-
exceed fee is $158,000 which includes all costs related to this Agreement,
including without limitation materials, insurance, and sales tax if required, and all
travel and ARTWORK transportation, storage, installing, and all other expenses
of the ARTIST.
(c) A plaque identifying the ARTIST, the title of the ARTWORK, if any, and the
year of the ARTWORK's completion will be displayed in the immediate vicinity
of the installed ARTWORK at the expense of the CITY.
3. TERM AND EXTENSIONS
This Agreement shall be effective on the date it is executed by the last party to sign the
Agreement, and it shall be effective for one year or until installation and acceptance of the
ARTWORK, whichever is sooner. Notwithstanding, on good cause this Agreement may be
extended for one additional year with the consent of both Parties and by a written amendment to
this Agreement.
4. TERMINATION and FORCE MAJEURE
A. In the event of the ARTST'S failure to deliver or perform the services required
under this Agreement, CITY may terminate this Agreement for nonperformance by notifying
ARTIST by certified U.S. Mail or next day ovemight mail of the termination. If CITY decides to
modify the ARTWORK, abandon or indefinitely postpone the work or services contemplated by
this Agreement, CITY may terminate this Agreement upon written notice to ARTIST. Upon
notification of termination, ARTIST has five (5) business days to deliver all work in progress to
CITY and, at the CITY'S option the work in progress will become the CITY'S sole property.
CITY will make a determination of fact based upon the work product delivered to CITY and of
the percentage of work that ARTIST has performed which is usable and of worth to CITY in
having the Agreement completed. Based upon that finding CITY will determine the final
payment of the Agreement.
B. Force Majeure. Any delay in the performance of any the duties or obligations of
either Party under this Agreement caused by an event outside the affected Parties' reasonable
control shall not be considered a breach of this Agreement, and the time required for performance
shall be extended for a period equal to the period of such delay. ARTIST shall not be entitled to
damages or additional payment due to such delays. Such events shall include, without limitation:
war, govemment regulation instituted or revised after the date of this Agreement, labor disputes
(including without limitation strikes, lockouts, job actions or boycotts), fires, floods, earth quakes,
adverse weather necessitating succession of work or similar actions of the elements, civil unrest,
or such other unforeseeable causes beyond the reasonable control and without the fault or
negligence of the Party so affected. The Party so affect shall give prompt notice to the other
Party of such cause and shall take whatever reasonable steps are necessary to relieve the affects of
such cause as rapidly as possible. In the event that the Forced Majeure delay extends longer than
the CITY or ARTIST desires and such delay makes it difficult for either Party to perform, either
Party may contact the other Party to meet and confer as to whether the Agreement should be
terminated due to the extended delay or continue to be held in abeyance during the period of
delay. If the Agreement is terminated, CITY will make the final determination as to the portions
of the tasks completed and the compensation to be paid.
C. This Agreement may be terminated pursuant to Section 1 (h) above.
5. OWNERSHIP OF MATERIAL SUBMITTED
All materials submitted related to the approved ARTWORK, the approved DESIGN, or
both the approved ARTWORK and DESIGN are the sole property of the CITY.
6. OWNERSHIP OF THE ARTWORK
Title to the completed ARTWORK immediately vests in the CITY upon acceptance of
the ARTWORK by the City, including all rights of ownership, possession and control. After
completion and prior to acceptance of the ARTWORK, CITY shall have the right, at its option, to
claim ownership, possession and control of that portion of the ARTWORK which is installed at
the SITE.
7. REPRODUCTION RIGHTS
Subject to the rights granted herein, ARTIST retains all rights under the Copyright Act of
1976 (17 U.S.C. §101 et. seq.), as amended from time to time. The ARTIST hereby grants the
CITY, royalty free and irrevocable license to make, or cause to be made, photographs and other
two-dimensional reproductions of the ARTWORK or the ARTWORK DESIGN for educational,
public relations, tourism and arts promotional purposes. For the purpose of this Agreement, the
following are among those deemed to be permissible reproductions for the above cited purposes:
brochures and pamphlets pertaining to the CITY; reproductions in exhibition catalogues, books,
slides, photographs, postcards, posters, calendars, art magazines, art books and art and news
sections of newspapers; in general books and magazines not primarily devoted to art; slides and
film strips; video; computer websites; and television; as well as in media that shall exist in the
future. The CITY shall include the ARTIST'S copyright notice on any reproductions and the
ARTIST shall include the following words on any reproduction: "An original work
commissioned by the City of Carlsbad, Califomia."
8. REGISTRATION OF COPYRIGHT
The responsibility for registration of the copyright shall be the responsibility of the
copyright holder under this Agreement.
9. WARRANTIES
1. Warranty of Title
The ARTIST represents and warrants that:
(a) The ARTWORK is solely the result of the artistic effort of the ARTIST.
(b) The ARTWORK is unique and original and does not infringe upon any
copyright, trademark, service mark or other intellectual property right of
any third party.
(c) The ARTWORK or a duplicate of the ARTWORK has not been sold
elsewhere.
2. Warranty of Quality and Condition
THE ARTIST represents and warrants that:
(a) The fabrication of the ARTWORK will be performed in a workman-like
manner.
(b) The ARTWORK, as fabricated and installed, will be free of defects in
materials and workmanship, including any defects consisting of
"inherent vice" or qualities which cause or accelerate deterioration of the
ARTWORK.
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3. Reasonable maintenance of the ARTWORK will not require procedures in excess
of those described in the maintenance recommendations to be submitted by the
ARTIST to the CITY at the time of installation.
The warranty of quality and condition shall survive for a period of one year after
the final acceptance of the ARTWORK. The CITY shall give notice to the
ARTIST of any observed breach with reasonable promptness. The ARTIST shall
at the request of the CITY and at no cost to the CITY, cure reasonably and
promptly the breach of any such warranty which is curable by the ARTIST and
which cure is consistent with professional conservation standards (including, for
example, cure by means of repair or re-fabrication of the ARTWORK).
10. REPAIRS
The CITY will have the right to determine whether repairs and/or restorations to the
ARTWORK are required to be made, and if so, when the repairs and/or restorations shall be
made.
11. WAIVER OF ARTIST'S RIGHTS
The ARTIST and CITY acknowledge that the ARTIST may have certain rights under the
Federal Visual Artists Rights Act of 1990 ("VARA" 17 U.S.C. § 106A, et seq.). The ARTIST
acknowledges and understands that the installation of the ARTWORK at the SITE may subject
the ARTWORK to destmction, distortion, mutilation, or other modification due to its removal by
the CITY or its officials, officers, employees, agents, or representatives.
The ARTIST and CITY acknowledge that the ARTIST may have certain rights under
Califomia Civil Code Section 987 which are not pre-empted by VARA. In consideration of the
terms and conditions in this Agreement, the ARTIST waives any rights which the ARTIST or the
ARTIST'S heirs, beneficiaries, devisees, or personal representatives may have under Califomia
Civil Code Section 987 to prevent the removal, destruction, distortion, mutilation, or other
modification of the ARTWORK.
Any contracts or written agreements between the ARTIST and his/her subcontractors or
other artists contributing to this ARTWORK shall include a waiver of the ARTIST'S rights under
this Agreement.
The ARTIST agrees to waive the right to prevent the destruction, distortion, mutilation,
or other modification of the ARTWORK.
The ARTIST'S rights under this Agreement shall cease with the ARTIST'S deaths and
do not extend to the ARTIST'S heirs, successors or assigns.
In addition, in the event that any element of the Artwork constitutes a public safety
hazard, the City has the right to remove only the element posing the public safety hazard.
The ARTIST, his or her agents, heirs, successors and assigns further agree not to attempt
to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to
bring an action under these Acts.
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12. SALE OR DONATION OF THE ARTWORK BY THE CITY.
The CITY shall have the right to donate or sell the ARTWORK at any time after
acceptance of the ARTWORK. Before exercising this right, the CITY, by written notice to the
ARTIST at ARTIST'S last known address, agrees to give the ARTIST the opportunity to
purchase the ARTWORK for the greater of the market value as determined by a qualified
appraiser or the amount of any offer that the CITY has received for the purchase of the
ARTWORK, plus all costs associated with the removal of the artwork from the SITE, clean-up of
the SITE and delivery to the ARTIST. The ARTIST shall have thirty (30) days from the date of
the CITY'S notice to exercise the option to purchase the ARTWORK.
13. STATUS OF THE ARTIST
The ARTIST shall perform the services provided for herein in ARTIST'S own way as an
independent contractor and in pursuit of ARTIST'S independent calling, and not as an employee
of the CITY. ARTIST shall be under control of the CITY only as to the result to be accomplished,
but shall consult with the CITY as provided for in this Agreement.
14. WITHHOLDINGS
The CITY shall not make any federal or state tax withholdings on behalf of the ARTIST.
The CITY shall not be required to pay workers' compensation insurance on behalf of the
ARTIST. The ARTIST agrees to indemnify the CITY for any tax, retirement contribution, social
security, overtime payment, or workers' compensation payment which the CITY may be required
to make on behalf of the ARTIST or any employee of the ARTIST for work done under this
Agreement.
15. IMMIGRATION ACT
The ARTIST shall be aware of the requirements of the Immigration Reform and Control
Act of 1986 and shall comply with those requirements, including but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors and consultants that are
included in this Agreement.
16. NONDISCRIMINATION CLAUSE
The ARTIST shall comply with the state and federal laws regarding nondiscrimination.
17. COVENANTS AGAINST CONTINGENT FEES
The ARTIST warrants that he has not employed or retained any company or person, other
than a bona fide employee working for the ARTIST, to solicit or secure this Agreement, and that
ARTIST has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon,
or resulting from, the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without liability, or, in its
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
18. HOLD HARMLESS AGREEMENT
The CITY, its officers, and employees shall not be liable for any claims, liabilities,
penalties, fines, for any damage to goods, properties, or effects of any person whatsoever, nor for
personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or
omissions of ARTIST or ARTIST'S agents, employees, or representatives. ARTIST agrees to
defend, indemnify, and save free and harmless the CITY and its officers and employees against
any of the foregoing liabilities or claims of any kinds, and any cost and expense including
attomey's fees incurred by the CITY on account of any of the foregoing liabilities, including
liabilities or claims by reason of alleged defects in the DESIGN.
18.1 Indemnification for Infringement. ARTIST also agrees to protect, defend,
indemnify and hold the City harmless from any action, claim, suit or liability based
on a claim that work performed under this Agreement by the ARTIST or his/her
agents constitutes an infringement of any patent, copyright, trademark, trade name
or other proprietary right of any party.
19. ASSIGNMENT OF CONTRACT
The ARTIST shall not assign this contract or any part therefore or any monies due
thereunder without the prior written consent of the CITY.
20. SUBCONTRACTING
If the ARTIST subcontracts any of the work to be performed under this Agreement,
ARTIST shall be fully responsible to the CITY for the acts and omissions of ARTIST'S
subcontractor and of the persons either directly or indirectly employed by the subcontractor, as
ARTIST is for the acts and omissions of persons directly employed by ARTIST. Nothing
contained in this Agreement shall create any contractual relationship between any subcontractor
of ARTIST and the CITY. The ARTIST shall bind every subcontractor and every subcontractor
of a subcontractor by the terms of this Agreement applicable to ARTIST'S work unless
specifically noted to the contrary in the subcontract in question and approved in writing by the
CITY.
21. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving
of this Agreement, shall become directly or indirectly interested personally in this contract or in
any part thereof No officer or employee of the CITY who is authorized in such capacity and on
behalf of the CITY to exercise any executive, supervisory, or similar functions in connection with
the performance of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before, during or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained nor entitle the ARTIST to any additional payment whatsoever
under the terms of this contract.
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23. EXHIBITS
All exhibits referenced in this Agreement are attached hereto and incorporated herein by
this reference.
24. CONFLICT OF INTEREST
The ARTIST shall file a Conflict of Interest Statement with the City Clerk in accordance
with the requirements of the City of Carlsbad Conflict of Interest Code. The ARTIST shall report
investment of interests in real property.
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25. AUTHORITY
The individuals executing this Agreement and the instmments 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 Agreement.
Acknowledged and Accepted:
ARTIST
(print name)
CITY OF CARLSBAD, a municipal
corporation of the State of Califomia
_ By:.
Matt Hail, Mayor
' (e-mail address)
ATTEST:
(print name)
By:
(sign name)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
•Group A.
Chairman,
President, or
Vice-President
**Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVAL AS TO FORM:
Cl
City Attomey
ALGA NORTE COMMUNITY PARK
SWIM AND DIVE
ENTRY PANELS
CRAWL INWARD PIKE
^ un DO - ^ ^ on
^ III .'.lilT^^^ I
BUILDING 2
NORTH ELEVATION
NINE STAINLESS STEEL PANELS MOUNTED ON CONCRETE
WALLS WILL FEATURE COPPER AND BRASS SWIMMERS
ILLUSTRATING SWIM STROKES AND DIVE TECHNIQUES
IN STOP ACTION SEQUENCES.
V
J
1
BACKSTROKE REVERSE
ONE HALF SOMERSAULT
STUCCO
FINISHED STAINLESS STEEL
ALUMINUM
COPPER
BRASS
ALGA NORTE COMMUNITY PARK
MOSAIC SEAT WALL
AND BENCHES
FIFTYEIGHT 24" X 12" MOSAIC
TOWEL INLAYS ENHANCE 210
LINEAL FEET OF SEAT WALL
BENCH TOPS
TWELVE 3' X 6' X 18" MOSAIC TOWEL BENCHES
MOSAIC TOWEL INLAYS
LOCATION MAP
HOTTOSCAIE
PROJECT NAME I PROJECT
ALGA NORTE COMMUNITY PARK I ^^J^?^^
3837
EXHIBIT
M mm I mmm
f)
EXHIBIT C
AGREEMENT BETWEEN CITY OF CARLSBAD AND PAUL HOBSON
Payment Schedule
Task 1 - Fabrication: Not-to-Exceed $ 130,000
Procure materials, fabricate ARTWORK, store and protect ARTWORK in coordination with staff and
contractors.
1. $ 30,000 will be paid upon the execution of the contract for procurement of materials,
2. $ 30,000 upon 25% completion of the ARTWORK'S fabrication, in a manner acceptable
to the City's Cultural Arts Manager,
3. $ 30,000 upon 50% completion of the ARTWORK, in a manner acceptable to the City's
Cultural Arts Manager,
4. $ 40,000 upon 100% completion of the ARTWORK, in a manner acceptable to the
City's Cultural Arts Manager.
Task 2 - Installation: Not-to-Exceed $ 28,000
Delivery and Installation of ARTWORK
5. $ 28,000 will be paid upon completion of installation of the ARTWORK, the written acceptance
of the ARTWORK by the CITY, and the delivery of written instmctions for maintenance and
preservation of the ARTWORK.
Alga Norte Community Park
Public Art
Peter Gordon
Tuesday, April 30, 2013
Recommendation
•Approve contract with the artist, Paul Hobson,
to fabricate and install the updated public art
designs at Alga Norte Community Park