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HomeMy WebLinkAboutItem 4.8 - 1167 SB 343 September 20, 2016 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the September 20, 2016, City Council meeting agenda packet. Item 6.1 FIRST AMENDMENT TO PUBLIC ART AGREEMENT BETWEEN THE CITY OF DUBLIN AND TODJI KURTZMAN WHEREAS, on July 15, 2014, the City of Dublin (“CITY”) and Todji Kurtzman (“Artist”) entered into a Public Art Agreement (“Agreement”); and WHEREAS, both parties desire to amend certain terms of the agreement related to the term of the Agreement, compensation, fabrication of the artwork, and scope of the work. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1) Section 1.1. Term of Services shall be deleted in its entirety and replaced with the following The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2017, or at which time the Work has been successfully installed and Artist has provided City with maintenance instructions as required by the Agreement, whichever occurs first. The time provided to Artist to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 17. 2) Section 3. COMPENSATION shall be deleted in its entirety and replaced with the following: Section 3. COMPENSATION. City hereby agrees to pay Artist a total sum not to exceed $325,800, according to a schedule as specified in Exhibit C, notwithstanding any contrary indications that may be contained in Artist’s proposal, for services to be performed under this Agreement; or subject to additional amounts for any revisions requested and change order approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the event of a conflict between this Agreement and Artist’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Artist for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in Exhibit C shall be the only payments from City to Artist for services rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Artist shall not bill City for duplicate services performed by more than one person. Artist and City acknowledge and agree that compensation paid by City to Artist under this Agreement is based upon Artist’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Artist. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Artist and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) That portion of Exhibit A, “Proposal” titled “Where the Work Will be Fabricated and by Whom” shall be deleted its entirety and replaced with the following: “The bronze will be cast by one or more fine art foundries located in the United States of America.” 4) Exhibit B, “Scope,” shall be deleted in its entirety and replaced with Exhibit No. 1 to this Resolution. 5) Exhibit C, “Payment Schedule” shall be deleted in its entirety and replaced with Exhibit No. 2 to this Resolution. CITY OF DUBLIN ARTIST ______________________________ ______________________________ Christopher L. Foss, City Manager Todji Kurtzman, Artist Attest: ______________________________ Caroline P. Soto, City Clerk Approved as to Form: ______________________________ John Bakker, City Attorney EXHIBIT NO. 1 EXHIBIT B SCOPE OF WORK REVISED August 2015 AMENDED Sept __, 2016 SCHEDULE FOR COMPLETION OF WORK of Thank you Water / The Spirit of the Alamilla Spring. The following fabrication schedule shall be adhered to in the performance of the work. During the term of this Agreement, the City Project Manager must approve Artist’s work at each phase of development before the Artist proceeds to the next phase. The City Project Manager for this Agreement is: Tegan McLane Cultural Arts and Heritage Manager 100 Civic Plaza Dublin, CA 94568 (925) 556-4565 tegan.mclane@dublin.ca.gov EXECUTION OF CONTRACT – 10% *Complete DELIVERABLES: DUE DATE: 1. Fully Executed Contract 2. Evidence of All Required Insurance Completed July 22, 2014 Completed PHASE I: CONSTRUCTION & DESIGN INTEGRATION – 25% *Complete. Invoiced 9/5/2014, check deposited 9/26/204 The scope of work under this phase includes integration of the Artwork into the Construction Documents.  Artist shall attend project meetings and make presentations to City staff, Architects, City, and other individuals and organizations, as needed to incorporate Artwork into the project construction documents.  Artist agrees to collaborate closely with Architect through in-person meetings and other necessary means of communication to allow Architect to thoroughly integrate the Artwork into architectural drawings (if applicable) throughout all phases of design.  Artist shall coordinate his/her communications with the Architect through the Arts City Project Manager.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. DELIVERABLES: DUE DATE: 1. Final Dimensional Design Documents for Integration with Construction Documents 2. Material Samples and/or Mock Ups as Requested by Design Team 3. Artist confirm via e-mail Architect’s Design Development and/or Construction Documents for accuracy of the integration of Artist’s Proposal within the Site and provide the City and Architect with written comments and/or corrections. 4. Evidence of Insurance, including evidence of coverage for Artwork storage at a no-fee storage location provided by the City. 5. Progress Report to indicate any potential change to project timeline. Completed September 5, 2014 PHASE II: DESIGN OF " SPRING" MAQUETTE – 40% *Complete. Invoiced Jan 15th 2015. The scope of work under this phase includes:  Completion of the design macquette of the “Spirit of Alamilla Spring” figurative element of the Artwork Proposal.  Digital photos of progress of the “Spirit of Alamilla Spring” for review by City Project Manager and Public Art Selection Committee.  Final review of digital maquette of the "Spirit of Alamilla Spring" and Authorization to Proceed by City Project Manager.  Drawings as needed for sculpture armature, foundation and attachment hardware, produced by Artist or Foundry. Shop Drawings shall be signed and stamped by a structural engineer as required by the California Uniform Building Code and any City of Dublin amendments to the Building Code.  There will be no changes to the “Spirit of Alamilla Spring” design after the three dimensional print of the "Spring" in table top scale has been approved by the City Project Manager without mutual consent by the Artist and the City Project Manager  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released at 90% completion of the maquette specified in “DELIVERABLES: 1.” below. Phase payment does not indicate design approval. Final de sign approval will occur at 100% completion of phase. DELIVERABLES: DUE DATE: 1. Digital photos of progress of “The Spirit of Alamilla Spring” maquette at 90% completion for review by City Project Manager. 2. Digital photos of progress of “The Spirit of Alamilla Spring” maquette at 95% completion for review by Public Art Selection Committee. 3. Digital photos, video, or optional studio visit of a 3D printed maquette of the Spring for final design approval by the city Project Manager. 4. Progress Report to indicate any potential change to project timeline. Completed January 15, 2015 PHASE III: DESIGN & MACQUETTE OF SPLASH SCULPTURES – 55% *Complete, Invoiced on Feb 26th 2015 The scope of work under this phase includes:  Artist will provide City Project Manager with status on the design progress of the five sculptural splash elements.  When the design for all of the five sculptural splash elements is 90% complete in digital printed maquette form, the City Project Manager will approve the splash design via an in person studio visit , via emailed images, video or the artist will bring them to Dublin.  Following approval of the splash elements, there will not be any changes to the design maquette of the five splashes following approval by the City Project Manager without mutual consent by the Artist and the City Project Manager  Artist will provide City Project Manager with a status on the digital sculpting progress with ample time to coordinate site visit at 100% completion of the digital maquette of the five sculptural splash elements, or images can be viewed via email, or the artist can bring them to Dublin.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released at 90% completion of the maquette specified in “DELIVERABLES: 1.” below. DELIVERABLES: DUE DATE: 1. Progress Report to indicate any potential change to project timeline. 2. Photos of the 5 splash 3D printed maquette at 90% completion. 3. Artist studio site visit for inspection of eight printed splashes maquettes, (artist brought them to Dublin), and Authorization to Proceed by City Project Manager. Completed Feb 25, 2016 PHASE IIIA: Completion of Engineering/Permitting (Outside Scope of Original Contract)  Artist works with City Parks Planning staff and City’s General Contractor to provide necessary corrections and clarifications to complete the plinths, including:  Method for coloring the plinth concrete.  Identify a California licensed contractor to do the installation.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. DELIVERABLES: DUE DATE: 1. Artist confirm via e-mail Architect’s Design Development and/or Construction Documents for accuracy of the integration of Artist’s Proposal within the Site and provide the City and Architect with written comments and/or corrections. 2. Specify pigment color for the integral coloring of the plinths. 3. Progress Report to indicate any potential change to project timeline. ASAP September 2016 ASAP September 2016 PHASE IV: ENLARGEMENT OF THE "SPRING" SCULPTURE – 70% The scope of work under this phase includes:  One or more United States foundries hired and supervised by the Artist to cast the bronze sculptures.  Artist studio site visit for approval of the 50% scale (4' height) 3D printed "Spring."  There will be no design changes to the “Spring” sculpture in 3D printed 50% scale, without mutual consent by the art and the city Project Manager, as the design was already approved in 3D printed maquette form in Phase II.  The artist reserves the right to make aesthetic improvements to the "Spring" design throughout the entire production process. "Aesthetic improvements" will be defined by changes that only the artist would notice the difference in the final product.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released at 90% completion of the 50% scale (4' height) "Spring" 3D print as specified in “DELIVERABLES: 1.” below. DELIVERABLES: DUE DATE: 1. Progress Report to indicate any potential change to project October 15, 2016 timeline. 2. Ten maximum photos of the 50% scale (4' height) "Spring". 3. Artist studio site visit for inspection of the 50% scale (4' height) "Spring" sculpture in 3D printed form and Authorization to Proceed with the full size 3D printing by the City Project Manager. October 21, 2016 November 1, 2016 PHASE V: ENLARGEMENT OF SPLASH SCULPTURES – 85% The scope of work under this phase includes:  One or more United States foundries hired and supervised by the Artist to cast the bronze sculptures.  There will be no changes to the form of the “Splashes,” without mutual written consent by the Artist and City Project Manager, as the design was 90% approved in Phase III. On 2/18/16, the City Project Manager and Artist agreed the remaining 10% of the “Splash” designs would be considered complete when the placeholder cymatic patterns were replaced by the final cymatic patterns, produced by the “Seven Historic Voices.”  The artist reserves the right to make aesthetic improvements to the "Splash" design throughout the entire production process. "Aesthetic improvements" will be defined by changes that only the artist would notice the difference in the final product.  The artist will coordinate studio visits with the City Project Manager to view and approve each of the eight full size 3D printed splashes at 90% completion. The "Splashes" will be presented in disassembled form in panels approximately two feet by two feet in size. Each of the eight "Splashes", will be comprised of approximately 40 separate panels and they will be ready to inspect at different times over approximately 70 days in a sequence determined by the artist and his sub contractors.  Approval is required by the City Project Manager for all eight of the fully enlarged 3D printed "Splashes" (as seen in the form of multiple, separate, panels approximately two feet by two feet in size) before proceeding to bronze casting. Approval will be based on correct enlargement size and aesthetic match, given that the cymatic patterns will be different as described above, to the previously approved 3D printed 1/12th scale splash maquette designs as presented in person to the City Project Manager on 2/18/16 at Dublin city hall in Phase III.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released at after the completion of five of the seven splashes. DELIVERABLES: DUE DATE: 1. Progress Report to indicate any potential change to project timeline. 2. Artist studio site visits for each of the eight "Splashes", when all panels, for each individual splashes, are ready in a group at 90% completion. City Manager's approval is required before sending individual panels to the foundry. 3. 1 photo each of the 3D printed "Splash" panels can be sent to the City Project Manager upon request as a substitute for site visits. 4. All 3D prints have moved into foundry process. Dec 1, 2016 January 2, 2017 PHASE VI: Artwork Installation – Close Out – 100% The scope of work under this phase includes:  Artist will work cooperatively with the Project Manager to draft an Artist Vision Statement for this Artwork that will be incorporated into a plaque. The plaque location will be determined by the City Project manager and the artist, and it will be located in proximity to the Spring sculpture. The plaque will be installed at the same time or before the sculptures are installed .  A California licensed contractor hired and supervised by the Artist completes the installation to the satisfaction of the City Manager.  City shall provide Artist with an adequate no-fee storage location for the Artwork. Storage will be at the Artist’s risk and covered by his insurance.  Artist shall provide for the transportation of the Artwork from storage to the installation site. Artist shall not transport the Artwork until access to the Site has been approved and scheduled by the Contract Administrator.  Artist shall create with the City Project Manager an installation plan indicating the staging and sequence of all aspects of installation. The Installation Plan must include a detailed description of the estimated duration of installation, the equipment to be used, and all workers who will be on site to assist.  Artist shall consult with the City, the Project Construction Management Team and General Contractor prior to and during the installation of the Artwork.  Artist shall coordinate Artist’s activities on site with the General Contractor through the Construction Management Team and/or the City staff.  The preparation of the Site for installation of the Artwork shall be the responsibility of the General Contractor in accordance with a separate written agreement between City and the General Contractor.  City will provide the rental of all equipment to install the Artwork.  Artist shall supply all hardware necessary for installation.  Where Artist’s Artwork is associated with that of the General Contractor, or any other Contractor engaged by the City to do work on the Site, Artist shall examine the work of such other Contractor and report in writing to the City any visible defect or condition preventing the proper execution of Artist’s Work.  If Artist proceeds without giving notice, the Artist shall be held to have approved the work or material and the existing conditions, and shall be responsible for any defects in Artist’s own Work consequent thereon, and shall not be relieved of any obligation or any guarantee because of any such condition or imperfection.  To the extent that any part of the Artist’s Artwork is to interface with work performed or installed by the General Contractor or other Contractor engaged by City to perform work on the Site, Artist shall inspect and measure the in-place work and promptly report to the City any defect in such in-place work that will impede or increase the cost of Artist’s interface unless corrected.  City and/or its authorized representatives will require the party responsible for the defective work to make corrections so as to conform to its contract requirements, or if the defect is the result of a default or omission in the contract documents, may issue a change order.  If Artist fails to measure, inspect and/or report defects that are reasonably disc overable, all costs of accomplishing the interface shall be borne by Artist. The forgoing does not apply to latent defects. Artist shall report to City any latent defects in another Contractor’s work at any time such defects become known.  City or its authorized representatives shall promptly thereafter take such steps as may be appropriate. Any difference or conflict that may arise between Artist and the General Contractor, or other Contractors engaged by City to perform work on the Site, shall be adjusted as determined by City, its agents, or its authorized representatives when necessary to facilitate the work of Artist and/or other Contractors or workers.  No damages or claims by Artist will be allowed other than an extension of time for the completion of Work. Such an extension will be for the period of time City shall consider Artist to have been delayed in the completion of Work by reason of the work of other Contractors, workers, or city staff.  Artist shall deliver all information necessary for the City to properly care for and maintain the Artwork, including information regarding the physical make-up of the Artwork, methods and materials, and information about the artistic intent of Artist in the Design, 3D Printing, Casting and Installation of the Artwork  Final inspection and closed permits.  Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. DELIVERABLES: DUE DATE: 1. Artist Statement 2. Delivery and Installation Plan developed with City Project Manager and Design Team. 3. Successful installation of Artwork and plaque. 4. Final inspection of the Artwork immediately after installation. 5. Final inspection by the City of Dublin and closed permits. 6. Receipt of Artwork Maintenance Records 7. Artist will attend an unveiling event. December 1, 2016 March 1, 2017 March 31, 2017 Within 30 Days of Installation Within 30 Days of Installation Within 30 Days of Installation Date to be determined ADDITIONAL  Delivery and installation date will be determined in part by foundry scheduling and availability.  The artist may choose to print "Splashes" first, or the "Spring" first, or any sequence thereof, as determined by artist to be most efficient for bronze casting process. EXHIBIT NO. 2 COMPENSATION SCHEDULE Payment Date Payment Amount Already paid $124,190 Contract Amendment Passed and Signed September 21, 2016 $20,610 Phase IIIA –, September 21st, 2016 $11,000 Phase IV – November 15, 2016 $72,500 Phase V – January 2, 2017 $72,500 Phase VI – March 31, 2017 $15,000 Within 30 days of Installation, 2017 $10,000 2702675.1