HomeMy WebLinkAbout4.8 - 1167 Emerald Glen Public Art Budget Increase & A
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STAFF REPORT
CITY COUNCIL
DATE: September 20, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Emerald Glen Public Art Budget Increase and Agreement Amendment
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council will consider increasing the capital improvement budget for the Public
Art Project - Emerald Glen Recreation and Aquatic Complex (PK0415). Engineering and
bronze foundry production costs in the United States have increased significantly since
the project was initially budgeted. Staff is requesting a budget increase ($120,000) to
produce the sculpture at a United States foundry as designed and approved by the City
Council and to make associated amendments to the Agreement with the artist.
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Amending the Public Art
Agreement between the City of Dublin and Todji Kurtzman; and approve the budget
change.
FINANCIAL IMPACT:
Approval of the amendment and budget change would increase the project budget for
the Public Art - Emerald Glen Recreation and Aquatic Complex (PK0415) by $120,000.
The increase would be funded out of the Public Art Fund. There is no impact on the
General Fund.
DESCRIPTION:
At its meeting on May 6, 2014, the City Council unanimously approved Todji Kurtzman's
design for public art at Emerald Glen Recreation and Aquatic Complex and authorized
the City Manager to negotiate a Public Art Agreemen t between the City of Dublin and
Mr. Kurtzman. Based on initial budget estimates for the construction of the Complex, an
agreement in the amount of $225,800 was subsequently approved at the July 15, 2014,
meeting.
Since the City Council's approval in 2014, engineering, enlargement and production
costs to fabricate the piece at a U.S. bronze foundry have increased above the initial
budget estimates. The budget increase of $120,000 will allow this important art piece to
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be fabricated in the United States and will allow Staff to closely monitor its production.
The amendment to the Agreement with the artist will clarify how and where the piece
will be fabricated, clarify compensation and responsibility related to the elements of
production and installation and extend the contract term.
The increased costs associated with this amendment will be covered by the Public Art
Fund.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Amending the Public Art Agreement Between the City of Dublin and Todji
Kurtzman
2. Exhibit A to the Resolution: Amendment to Public Art Agreement with Todji Kurtzman
3. Budget Change Form
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RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AMENDING THE PUBLIC ART AGREEMENT BETWEEN THE CITY OF DUBLIN AND
TODJI KURTZMAN
WHEREAS, on May 6, 2014, the City Council unanimously approved Todji Kurtzman's
design for public art at Emerald Glen Recreation and Aquatic C omplex; and
WHEREAS, on July 15, 2014, the City Council approved a Public Art Agreement with Mr.
Kurtzman; and
WHEREAS, since the City Council's approval in 2014, engineering, enlargement and
production costs to fabricate the piece at a U.S. bronze foundry have increased above the initial
budget estimates; and
WHEREAS, Staff has worked closely with Mr. Kurtzman to identify foundries in the
United States in order for the City staff to closely monitor its production; and
WHEREAS, the parties agree to amend certain terms of the Public Art Agreement clarify
how and where the piece will be fabricated, clarify compensation and responsibility related to
the elements of production and installation and extend the contract term; and
WHEREAS, the amendment to the Agreement will increase the project cost by $120,000,
and there is sufficient fund balance in the Public Art Fund to cover the increased cost.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby
amends the Public Art Agreement between the City of Dublin and Todji Kurtzman, attached to
this Resolution as Exhibit A.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to
execute the amendment and provide the City Manager with the authority to make further
modifications to the Agreement, if needed, up to $20,000.
PASSED, APPROVED, AND ADOPTED this 20th day of September 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
David Haubert, Mayor
ATTEST:
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________________________________
Caroline Soto, City Clerk
APPROVED AS TO FORM:
_____________________________
John Bakker, City Attorney
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
Exhibit A to the Resolution
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 design
approval will occur at 100% completion of phase.
DELIVERABLES:DUEDATE:
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:DUEDATE:
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:DUEDATE:
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:DUEDATE:
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, 2017
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 discoverable, 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:DUEDATE:
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, 2017 $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
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
PK0415.9400.9401 (Improvements - Not
Bldg)$120,000.00
PK0415.2801 (2801.9501.89101)
(Transfers Out)$120,000.00
3500.9501.49999 (Transfers In)$120,000.00
9/20/2016
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Engineering and bronze foundry production costs have significantly increased since the initial project budget was developed
in early 2014
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
Public Art Fund - Public Art - Emerald Glen Recreation and
Aquatic Complex
City Council's Approval Required
C:\Users\colleent\Desktop\Copy of 02_pk0415 Public Art EGRAC_092016 Copy of 02_pk0415 Public Art EGRAC_092016