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HomeMy WebLinkAboutReso 82-20 Approving Amendment 1 to the Agreement with Colin Selig for a Public Art ProjeReso No. 82-20, Item 4.11, Adopted 08/18/20 Page 1 of 2 RESOLUTION NO. 82 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT #1 TO THE AGREEMENT WITH COLIN SELIG FOR A PUBLIC ART PROJECT AT CLOVER PARK WHEREAS, the 2020-2025 Capital Improvement Program includes a project to design, fabricate, and install permanent public art at Clover Park; and WHEREAS, the public art proposal by Colin Selig was recommended by the Clover Park Art Selection Committee, Heritage and Cultural Arts Commission , and Parks and Community Services Commission; and WHEREAS, the City Council at its November 5, 2019 meeting reviewed the artist proposal, provided further direction to incorpo rate changes into the project, and adopted a resolution authorizing the City Manager to enter into a Public Art Agreement with Colin Selig; and WHEREAS, Staff and Colin Selig, based on feedback from the City Council and a recommendation made by an art conservator, desire to use a higher quality liquid coating on the art sculpture, instead of the originally proposed power coating; and WHEREAS, Staff and Colin Selig desire to amend the Public Art Agreement to increase the compensation not-to-exceed amount by $2,000, from $32,660 to $34,660, due to the increased costs associated with the higher quality liquid coating; and WHEREAS, Staff has prepared a first amendment to the agreement that addresses the modified terms and conditions of the public art installation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #1 to the Agreement with Colin Selig, attached hereto as Exhibit A, and authorizes the City Manager to execute the amendment and any other modifications as needed, and within existing budgetary appropriations, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of August 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: DocuSign Envelope ID: 094ABFA0-5442-423E-AAA5-CBA04F042E9C Reso No. 82-20, Item 4.11, Adopted 08/18/20 Page 2 of 2 _____________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: 094ABFA0-5442-423E-AAA5-CBA04F042E9C AMENDMENT #1 TO THE PUBLIC ART AGREEMENT BETWEEN THE CITY OF DUBLIN AND COLIN SELIG WHEREAS, on November 5, 2019, the City of Dublin (hereinafter referred to as "CITY") and Colin Selig (hereinafter referred to as "Artist") entered into a Public Art Agreement for design, fabrication and installation of Public Art at Clover Park (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the CITY and Artist have a desire to modify the type of coating that will be used in the final design. The coating will be a higher quality liquid coating whereas the original coating was specified as powder coating; and WHEREAS, the CITY and Artist now wish to amend the Agreement to, modify Sections 3, 15.1, 16.5, 19.12 and Exhibit C of the Agreement; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 3 shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $34,660 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, 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. 2) Section 1.1 shall be rescinded in it's entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the date first noted above and shall be complete by December 31, 2020, and Artist shall complete the Work described in Exhibit A of the original agreement, prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 17. 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. 3) Section 15.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, Artist shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Artist accomplishes services rendered pursuant to this Agreement. Artist further acknowledges that Artist performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Artist performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Artist and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 4) Section 16.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 5) Section 19.12 Integration shall be rescinded in its entirety and replaced with the following: Integration. This Agreement, including Exhibits A, B and updated Exhibit C, represents the entire and integrated agreement between City and Artist and supersedes all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 7) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 8) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ATTEST: By: Marsha Moore, City Clerk ARTIST Dated: By: By: Linda Smith, City Manager Colin Selig, Artist EXHIBIT C COMPENSATION 1 Payments Description il Invoice 1 raw material ebruary 2020 subcontractor: footings, installation expenses subcontractor: engineer's fees w 71111M111 % Invoice Amt. IIIII Invoice 2 March 2020 Invoice 3 Sept 2020 fabrication overhead 3,800 100 3,800 7,250 50 3,625 2,500 100 2,500 8,500 100 1 8,500 2,710 50 1,355 subcontractor: coating 8,500 100 8,500 transportation to site 400 100 400 subcontractor: footings, installation expenses 7,250 50 3,625 overhead 2,710 50 I 1,355 artist design fees 1,000 100 1,000