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HomeMy WebLinkAboutReso 1977-8722r s RESOLUTION NO. 8722 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING, GRANT, AWARDING CONTRACT, APPROPRIATING AND AUTHORIZING EXPENDITURE OF FUNDS FOR THE LIBRARY WATER SCULPTURE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore appropriated the sum of $20,000 for the design, execution and installation of a sculpture/water feature being "Sea Chanty", a piece by Elaine Katzer, for the Library grounds, and WHEREAS, the City has now been informed that the National Endowment for the Arts has authorized a grant for such purpose in the amount of $5,000, and WHEREAS, it is desired to accept said grant to assist in the cost of the installation of the sculpture/water feature and to award the contract to Elaine Katzer in the amount of $20,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the grant from the National Endowment for the Arts in the amount of $5,000 and does hereby award the contract for the design, execution and installation of a sculpture/ water feature known as "Sea Chanty" to Elaine Katzer in the amount of $20,000. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $5,000 from the unappropriated reserves of the General Fund to Account No. 100-1611-5201, Library Operations, Professional Services for the purposes set forth hereinabove. BE IT FURTHER RESOLVED that the City Council does hereby authorize the expenditure of funds in the amount of $22,000 as follows: Account No. 100-1611-5201 Account No. 605-6050-5201 $ 5,000 $17,000 Presented by W. J. Robens, Director of Public Works Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of- July 197 ~ , by the following vote, to-wit: AYES: Councilmen- Egdahl, Cox, Hyde, Scott NAYES: Councilmen Hobe 1 ABSTAIN: Councilmen None ABSENT: Councilmen None ,.r° "~ ATTEST' ~ 2 ~ c_.~ ~, ~" , _,Y.- ~~ City Clerk , , STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) r • I~ Mayor of the City a Chula I, JENNIE M. FULASZ, CMC, CITY CLERK of .the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of DATED (seal ) ,and that the same has not been amended or repealed. City Clerk CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELAINE KATZER, AN INDIVIDUAL, FOR SERVICES AS SCULPTOR AND FOR INSTALLATION OF SCULPTURE/WATER FEATURE FOR BICENTENNIAL LIBRARY I. Services to be performed by Artist. Artist agrees to perform the following services for City: 1) prepare plans and specifications for construction of pool according to City Code and standard drawings, 2) contract with a contractor licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California to construct a pool approximately 35' by 15' complete with pump and sump hole of approximately two feet on north side of Library at 365 "F" Street, 3) supervise construction of pool, 4) deliver at Artist's expense "Sea Chanty" sculpture at 365 "F" Street, 5) supervise instal- lation of "Sea Chanty" at the pool site. II. Services to be performed by City. City agrees to: 1) provide electrical and water service to site, 2) review and approve plans and specifications prior to commencement of any work, 3) assist Artist in applying for and obtaining required approvals from applicable public agencies and in securing required permits, 4) provide inspection of all work during construction. III. Professional Services. City hereby engages Artist to render the professional services hereinafter described for the project at and for the compensation hereafter set forth, and Artist hereby accepts such engagement on the terms herein stated. The professional services shall be rendered substantially in three phases. Artist shall not proceed with the work for each of the successive phases until she has received written approval from the City for the work accomplished in the current phase and further authorization to proceed with the next phase of the - 1 - -2- work. It is further understood that the scope of the Agreement may be modified from phase to phase by mutual consent of the City of Chula Vista and the Artist. The Artist agrees to perform the following pro- ressional services: Phase 1 - Completion of Plans and Spec'i'fic'a'tions 1) Artist shall furnish five sets of plans and specifications for plan check. Plans shall include elevations, sections, details and spe- cifications covering architectural, civil engineering, structural, elec- trical, plumbing utilities and other mechanical work and shall set forth in detail the work to be done, materials, finishes and all equipment required. 2) All plans, specifications and materials shall be in accordance with the provisions of "Standard Specifications for Public Works Con- struction and City of Chula Vista amendments thereto. 4) City of Chula Vista will review and return plans and specifi- cations within three weeks of receipt. Phase 2 - Construction of Pool 1) Artist shall contract with a contractor responsible to artist for construction of pool. Contractor must be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Profes- sions Code, State of California, and is subject to approval of City, 2) Artist shall schedule a pre-construction conference between the Artist, the City, the construction contractor and other persons appropriate to the construction of the project. 3) After award of contract, Artist shall advise City in writing of any change or changes necessary or desirable in the plans and specifica~ tions for the project. Artist shall not order contractor to make any changes affecting the total basic compensation of $20,000 without written approval by the City. 4) Artist shall supervise delivery of all materials necessary to build pool. -3- 5) Artist shall supervise excavation and construction of pool according to approved plans. 6) Artist expressly agrees to endeavor to, by her on-site ob- servations, guard City against defects and deficiencies in the work of the contractor, and shall immediately notify City of any defects or deficiencies in the work of the contractor, and shall immediately notify City of any defects or deficiencies which she may find or note. 7) Artist shall provide administration of the construction con- tract, including periodic inspections at the site which she. may deem necessary and/or are required by City, and which are distinguished from the continuous personal inspection of the City's inspector; make regular reports as may be required by applicable public agencies; keep City informed of the progress of construction; review schedules and shop drawings for compliance with design; review substitution of materials, equipment and laboratory reports thereof, subject to the approval of the City; recommend change orders for written approval of City; be responsible for payments to contractor. 8) Actual construction of the pool cannot begin prior to June 1, 1977, and shall be completed within 45 calendar days of commencement of Phase II. 9) Artist will not be responsible for damage to any utility lines not shown on "as built" plans of library site. Phase 3 - Installation of Sculpture Wall 1) Artist shall supervise the assembly of individual tiles for sculpture wall and the attachment of tiles to concrete foundation. 2) Artist shall determine date of substantial completion; make final inspections of the project; assemble written guarantees, instruction books, diagrams and charts required of the contractor. 3) Artist will provide technical direction to City's inspector - 4 - employed by and responsible to City as required by applicable law. 4) Artist shall prepare and furnish to City one set of reproducible "as-built" drawings based on-the original working drawing tracings, shocaing changes made in the course of construction. These drawings will be on standard size mylar D sheets, 24" x 36". "As-built" drawings will include both pool construction, sculpture installation and mural assembly. 5) Phase 3 will terminate when the Artist submits "as-built" plans to the City. Artist agrees to submit "as-built" plans within five calenda weeks of the completion of Phase 2. 6) Artist shall furnish City an operative and maintenance manual upon completion and acceptance of pool and sculpture. IV. Artist's Compensation. A. City agrees to pay Artist a total basic compensation of $20,000 for services performed in three stages. B. Payments for the Artist's services shall be made according to the following percentages of the total basic compensation: Completion of Phase I: plans and specifications - 10 percent Commencement of Phase II: pool construction - 40 percent Completion of Phase II: pool construction - 60 percent Completion of Phase III: installation of sculpture wall - 90 percent minus 10 percent retention fee The City shall at the completion of the final phase retain 10 percent of the work done as security for the fulfillment of the contract by the Artist and shall pay to the Artist the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. - 5 - It is mutally agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be in acceptance of any defective work or improper materials. The Artist further agrees that the payment of the final amount due under the Agreement, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council and the City Engineer from any and all claims and liability on account of work performed under the Agreement or any alteration thereof. -The final payment shall not be due and payable until the expiration of 35 days from date of acceptance of the work by the City Council. V. Extra Services. A. The following services shall be provided when authorized in writing by the City, and they shall be paid for by the City as herein provided. 1) Making revisions on drawings, specifications or other documents when such revisions are inconsistent with written approvals or instruc- tions previously given and are due to causes beyond the control of the Artist. 2) Preparing supporting data and other services in connection with change orders if the change i.s requested by the City and is a change of program or scope. 3) Consultation or professional services concerning replacement of any damage by fire or natural disaster. - 6 - 4) Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 5) Construction administration and observation of construction after the construction contract time has been exceeded or extended by more than 60 days through no fault of the Artist, excluding time extension caused by inclement weather or strikes. 6) Reimbursement for travel time or costs and per diem expenses are not permitted under this Agreement unless specifically granted in writing by the City. B. For Artist's extra services, compensation shall be computed as follows: 1) Principal's time at the fixed rate of $20.00 per hour - Elaine Katzer. 2) Employees' time (other than principal's) at a multiple of 1.5 times the employees' direct personal expense. VI. Warranty. Artist shall guarantee the fountain and sculpture against defective quality in execution, labor and materials which may impair its operative function or its aesthetic appearance, for a period of one year after the date of acceptance by the City Engineer. Should any such impairment occur within the guarantee period, Artist shall make all necessary corrections, without cost to the City, and to the satisfaction of the City Engineer. VII. Insurance and Bonds. City shall require Artist at her own ex- pense to carry and to maintain during the course of the work of con- struction, Worker's Compensation Insurance and Comprehensive Liability Insurance, naming the City of Chula Vista as an additional insured, in the amount of at least one hundred thousand dollars ($100,000.00) for any occurrence resulting in the bodily injury or death or any one person; -~- three hundred thousand dollars ($300,000.00) for any occurrence resulting in bodily injury to, or death of, more than one person; Automobile Property Damage Liability in the amount of at least ten thousand dollars ($10,000.00); Property Damage Liability, other than Automobile, in the amount of fifty thousand dollars ($50,000.00); and Construction Insurance in the amount of twenty thousand dollars ($20,000.00) for any occurrence of fire, theft or vandalism. The Artist shall furnish two (2) good and sufficient bonds. One of the said bonds shall guarantee the faithful performance of the said contract in the amount of 1000 of the total price, and the other of said bonds shall be furnished in the amount of 500 of the total price to guarantee material and labor. The form of the bond required is attached to the Agreement. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material suppliers, become insufficient, or the City Engi- neer has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Artist for such further bond or bonds or additional surety, not exceeding that origi- nally required, as is considered necessary, not considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Artist, or any assignee of the Artist until such further bond or bonds or additional surety has been furnished. VIII. Fair Employment Practices. A. In the performance of this Agreement, neither Artist nor con- tractor will discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. Artist and contractor will take affirmative action to assure that applicants are employed, and that employees are treated during employment, without - 8 - regard to their race, color, religion, ancestry or natural origin. Such action shall include, but not be limited to, the following: employ- ment, upgrading, demotion or transfer, recruitment or recruitment adver- tising, layoff or termination, rates of pay or other forms of compensa- tion, and selection for training, including apprenticeship. Artist and contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices paragraph. B. Employment of Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Artist or any subcontractor under her who is awarded a contract over $30,000 or 20 working days. Section 1777.5, as amended, requires the Artist and contractor employing tradesmen in any apprenticeable occupation to employ a ratio of not less than one apprentice for each five journeymen, except under the following conditions: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. If there is a showing that the apprenticeable craft or trade is replacing at least 1/30 of its journeymen annually through apprenticeship training on a statewide or local basis, or D. When the Artist provides evidence that she employs registered apprentices on all of her contracts on an annual average of not less than one apprentice to eight journeymen. - 9 - The Artist is required to make contributions to funds established for the administration of apprenticeship programs if she employes register apprentices or journeymen in any apprenticeable trade on such contracts, and if other contractors on the public works site are making such con- tributions. The Artist and any subcontractor under her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, e~officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. The City of Chula Vista is required to notify the Division of Apprenticeship Standards within five days of the award of any contract covered under the above provisions. IX. Ownership of Sculpture. Artist will retain no title or legal interest in the sculpture or any aspect thereof when said sculpture has been accepted by City Council upon completion. Artist agrees that com- mencing on the date of execution of this Agreement that she will not assign or convey any interest in said sculpture to any third party, it __ being further agreed that Artist has made no such assignment or conveyancE of interest prior to said date of signing this Agreement. This Agreement cannot be cancelled without the written consent of the City. If City wishes to sell sculpture within five years of signing this Agreement, Artist shall be given first option to purchase sculpture at a price not to exceed $20,000. City agrees that during this five year period it will not sell sculpture to a third party for a price exceeding $20,000. - 10 - X. Temporary Suspension of Work. The City Engineer shall have the authority to suspend the work wholly or in part for such period as may be necessary to determine whether or not there has been compliance with any provision or provisions of the contract and all related documents due to the manner in which the work has been performed. When the City Engineer orders suspension of the work for non-compliance with the con- tract term, said suspension shall in no event extend past one week (7 days) unless the City Engineer or his designate shall file upon the Artist a notice of non-compliance of contract terms. XI. Time of Completion and Liquidated Damages. It is agreed by the parties to the contract that, in case all the work called for under the contract is not completed before or upon the expiration of the time limit, as set forth in these specifications, damage will be sustained by the City of Chula Vista, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delays; and it is therefore agreed that the Artist will pay to the City of Chula Vista the sum of fifty dollars ($50.00) per day for each and every day's delay beyond the time prescribed to complete the work; and the Artist agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City of Chula Vista may deduct the amount thereof from any money due, or that may become due, the Artist under the Agreemento It is further agreed that, in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to - 11 - extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Artist, her heirs, assigns or sureties, and to deduct from the final payment for the work all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Artist shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by Acts of God or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, fright embargoes, and unusually severe weather or delays of subcontractor: due to such causes; provided that the Artist shall, within ten (10) days from the beginning of any such delay, notify the Engineer, in writing, of the causes of delay, who shall ascertain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusiveo XII. Suspension of Contract. If, at any time, in the opinion of the City Council, the Artist has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon her, and should she neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. - 12 - Upon receiving notice of such suspension, the Contractor shall discontinu said work, or_ such parts of it, as the City Council may designate. Upon such suspension, the Artist's control shall terminate, and thereupon the City Council, or its duly authorized representative may take possession of all, or any part of the Artist's materials, tools, equip- ment, and appliances upon the premises, and use the same for the purpose of completing said Agreement, and hire such force and buy or rent such additional materials and supplies at the Artist's expense, as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workers, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City Council may deem proper or the City Council may annul and cancel the Agreement and re-let the work, or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Artist and her sureties, who will be liable therefore, in the event of such suspension, all money due the Artist or retained under the terms of this Agreement shall be forefeited to the City; but such forfeiture will not release the Artist or her sureties from liabilit or failure to fulfill the contract. The Artist and her sureties will be credited with the amount of money so forfeited tov~ard any excess of cost over and above the contract price, arising from the suspension of the operations of the Agreement and the completion of the work by the City, as above provided, and the Artist will be so credited with any surplus remaining after all just claims for such completion have been paid. - 13 - In the determination of the question whether there has been any such non-compliance with the Agreement as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Agreement. On the suspension of the project, as a whole or in part, all docu- ments prepared under this Agreement by Artist shall be forthwith trans- mitted to City and they shall be the sole property of City, subject, however, to the same restrictions on use as set forth herein. XIIIo Notices. Written notices to City hereunder shall, until further notice by City, be addressed to the City of Chula Vista, Engineering/ Public Works Department, 276 Fourth Avenue, Chula Vista, CA 920100 Written notices to Artist shall, until further notice by the Artist, be addressed to Ms. Elaine Katzer, 894 Summerland Avenue, San Pedro, CA 90731. All such notices shall be delivered personnally to the City Engi- neer, Department of Public Works, or to the Artist, or shall be deposited in the United States mail, properly addressed as foresaid, postage fully prepaid by certified mail, and shall be effective the day following such deposit in the mailo - 14 - APPROVAL RECOMMENDED: CITY OF CHULA VISTA By ~t,~..~ ~ .. ---- CITY CLERK ~-r '~ ~ ~ Y By ---`~--~ ~ ELAINE KATZE y ~ `~~~