HomeMy WebLinkAbout2018-05-15; City Council; ; Amendment No. 1 to the Agreement with Fountainhead Design, Inc. to add $23,389 for a total agreement amount not to exceed $117,389, for the completion of public artwork aCA Review
(i) CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Recommended Action
May 15, 2018
Mayor and City Council
Kevin Crawford, City Manager
Richard Schultz, Cultural Arts Manager
richard.schultz@carlsbadca.gov or 760-602-2086
Amendment No. 1 to the Agreement with Fountainhead Design, Inc. to add
$23,389 for a total agreement amount not to exceed $117,389, for the
completion of public artwork at Pine Avenue Community Park.
Adopt resolution authorizing Amendment No. 1 to the Agreement with Fountainhead Design, Inc. to add
$23,389 for a total agreement amount not to exceed $117,389, for the completion of public artwork at
Pine Avenue Community Park, Project No. 4603.
Executive Summary
An amendment to the agreement with Fountainhead Design, Inc. is required to complete the public
artwork at Pine Avenue Community Park. These additional funds became necessary because additional
site preparation along with unanticipated increases in the cost of materials as well as competition for
construction services led to higher costs to the artist. The artist must complete this work as part of their
agreement with the City to maintain the integrity of the project warranty. As the total agreement amount
will now exceed $100,000, City Council approval of the amendment to the agreement is necessary.
Discussion
In April 2017, the City Council approved the inclusion of an innovative public art by artist Jenna Didier
(Fountainhead Design, Inc.), after a well-articulated artist selection process and significant input from
community members. The project was reviewed by a Public Art Advisory Committee, Parks & Recreation
Commission and city staff and recommended for City Council approval by the Carlsbad Arts Commission.
Section 2.18110 of the Carlsbad Municipal Code specifies in relevant part that "all city departments shall
include in all estimates of necessary expenditures and all requests for authorizations or appropriations for
construction projects, an amount for works of art equal to at least one percent of the total cost of any
such construction project, as estimated in the city's capital improvement program for the year in which
such estimate or request is made." The amount allocated as one percent of the Pine Avenue Community
Park Improvement Project was $123,300.
The agreement for the design phase of the project totaled $15,000, and the artist selection process cost
$622, leaving $107,678 for the remainder of the project. A $94,000 agreement for fabrication and
installation was executed on July 18, 2017. Initially described as "a garden folly," this innovative project
expanded the definition of public art in Carlsbad by combining both structural art and organic elements.
Its uniqueness presented challenges when the artist began looking for subcontractors to complete the
fabrication and installation components. Site preparation along with unanticipated increases in the cost
of materials as well as competition for construction services led to higher costs to the artist. As a result,
May 15, 2018 Item #1 Page 1 of 7
the agreement amount for fabrication and installation needs to be increased by $23,389, for a total
agreement amount of $117,389. This new total requires an additional allocation of $9,711, which is
available in the project budget and the department's operating budget contingency.
Staff recommends that the City Council approve Amendment No. 1 to the Agreement to complete public
art for the Pine Avenue Community Park Improvement Project.
Fiscal Analysis
Funding is available through the project budget for Project No . 4603, and the Library & Cultural Arts
operating budget to support the amendment. No additional appropriations are required . The city's
purchasing policy requires City Council authorization for purchase over $100,000.
Next Steps
Upon approval of this resolution by the City Council, the Cultural Arts Office will work closely with the
Artist to execute the amendment in order to complete the project.
Environmental Evaluation (CEQA)
The proposed action is exempt from the California Environmental Quality Act (CEQA) per State CEQA
guidelines 15303 -New Construction or Conversion of Small Structures -Consists of construction and
location of limited numbers of new, small facilities or structures.
Public Notification
None Required
Exhibits
1. City Council Resolution
2. Agreement with Fountainhead Design, Inc.
May 15, 2018 Item #1 Page 2 of 7
RESOLUTION NO. 2018-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT
WITH FOUNTAINHEAD DESIGN, INC. TO ADD $23,389 FOR A TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $117,389, FOR THE
COMPLETION OF PUBLIC ARTWORK AT PINE AVENUE COMMUNITY
PARK, PROJECT NO. 4603.
Exhibit 1
WHEREAS, on July 18, 2017, the city manager executed an Agreement with Fountainhead
Design, Inc. to fabricate and install public art as part of the Pine Avenue Community Park, Project No
4603, for an amount not to exceed $94,000; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that an
additional $23,389 in funds to complete the project should be added to the agreement for a total
agreement amount of $117,389; and
WHEREAS, the total value of the agreement with Fountainhead Design, Inc. as amended
required City Council approval; and
WHEREAS, Amendment No. 1 to the Agreement has been prepared for the mayor's signature
and is attached hereto as Exhibit 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute Amendment No. 1 to the
Agreement (Attachment A) with Fountainhead Design, Inc.
3. That the city manager is authorized and directed to take all actions necessary to
implement Amendment No. 1 to the Agreement (Attachment A).
May 15, 2018 Item #1 Page 3 of 7
Exhibit 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of May, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
None.
(SEAL)
May 15, 2018 Item #1 Page 4 of 7
Attachment "A"
AMENDMENT NO.1 TO AGREEMENT FOR FABRICATION, AND INSTALLATION OF
PUBLIC ARTWORK
FOUNTAINHEAD DESIGN, INC.
This Amendment No.1 is entered into and effective as of the I (q~ day of
Tu,t\.~/ , 2018, amending the agreement dated July 18, 2017 (the "Agreement") by
and be een the City of Carlsbad, a municipal corporation, ("City"), and Fountainhead Design,
Inc., ("Contractor") (collectively, the "Parties") for fabrication and installation of public artwork at
Pine Avenue Community Park.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
project compensation; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached here to and incorporated 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 one hundred seventeen
thousand, three hundred eighty-nine dollars ($117,389).
2. Contractor will complete all work described in Exhibit "A". The ARTWORK shall be
installed and operational on or before May 19, 2018. All other work and deliverables shall be
completed by July 18, 2019.
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 Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version 9/27/16
May 15, 2018 Item #1 Page 5 of 7
5. 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.
CONTRACTOR
I
By: /
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I By:/
i
(sign here) j I
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f/ -~ 0-...J r-.J(\ t::,,. l ';->,., ~~ / L---T u
(print name/tit(e)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ~f
MA~
Mayor
City Clerk
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.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 9/27/16
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May 15, 2018 Item #1 Page 6 of 7
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The Artist will be provided by the Park Contractor the schedule and milestones of the Pine
Avenue Park Community Center & Gardens Project to allow the Artist adequate information for
scheduling purposes. It is expected that the ARTWORK be installed and operational prior to the
grand opening celebration of the park improvements schedule for May 19, 2018. The Cultural
Arts Manager will notify Artist of schedule changes or modifications within 10 business days. To
assist the Artist on support documentation, Cultural Arts Manager will provide Artist access to
the following documents electronically as provided by the City staff:
• Pine Avenue Park Community Center & Gardens Project General Provisions
• Supplemental Provisions and Technical Specification
• City of Carlsbad Landscape Manual
• Site Plan showing location of stub outs for ARTWORK
Task 1-Fabrication: Not-to-Exceed $103,389
Procure materials, fabricate ARTWORK, store and protect ARTWORK in coordination with staff and
contractors.
1. $20,000 will be paid upon execution of the Agreement by all Parties for working on initial
fabrication and installation of planning and designs.
2. Up to $30,000 will be paid upon the procurement of all materials satisfactory to the
CITY's Cultural Arts Manager.
3. Up to $20,000 will be paid upon 75 percent completion of the ARTWORK's fabrication, in
a manner acceptable to the CITY's Cultural Arts Manager.
4. Up to $33,389 will be paid upon 100 percent completion of the ARTWORK's fabrication,
in a manner acceptable to the CITY's Cultural Arts Manager.
Task 2-Installation: Not-to-Exceed $14,000
Delivery and Installation of ARTWORK and providing Artist's ARTWORK Maintenance Package
5. *$7,000 will be paid upon completion of installation of the ARTWORK and verified by the
Cultural Arts Manager.
6. $7,000 on the written acceptance of the ARTWORK by the CITY and in a manner
acceptable to the Cultural Arts Manager.
*The initial $7,000 payment listed under Task 2 is an advance on the total delivery and
installation payment; if the installation is not completed in a manner acceptable to the Cultural
Arts Manager, any advance payments must be returned by the Artist in a timely manner.
The Artist bears the sole burden for ensuring that all legally required licenses and permits are
obtained and renewed as specified by the regulating agency. This information is provided as a
guide only. The Artist must verify and comply with all Federal, State, and Local requirements,
whether listed here or not.
All fees will be paid as specified above. Artist's invoice(s) will be submitted at the completion of
each task. Invoices shall be sufficiently detailed to include related activities for approval by City.
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