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HomeMy WebLinkAbout4.3 Public Art at Don Biddle Community Park Agreement AmendmentSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:November 2, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Public Art at Don Biddle Community Park Agreement AmendmentPrepared by:Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:The City Council will consider amending the agreement with Sculptural Solutions for the Public Art project at Don Biddle Community Park. STAFF RECOMMENDATION:Adopt the Resolution Approving the First Amendment to the Agreement with Sculptural Solutions for the Public Art Project at Don Biddle Community Park. FINANCIAL IMPACT:There is sufficient funding in the Don Biddle Community Park Public Art Project (PK0217) budget, as included in the 2020-2025 Capital Improvement Program, for this amendment. DESCRIPTION:On February 21, 2017, the City Council selected the future Don Biddle Community Park (formerly Dublin Crossing) as the site for public artwork to be commissioned by the City to honor all who have served and currently serve in the military, and to celebrate the values that the military holds dear: loyalty, duty, respect, selfless service, honor, integrity, and personal courage.On May 15, 2018, following review and recommendation by the Veterans Art Selection Committee,Heritage and Cultural Arts Commission, and Parks and Community Services Commission, the City Council approved an agreement with Carmel-based artist Steven Whyte (dba. Sculptural Solutions) for this monumental piece of public art.Mr. Whyte's proposed design, Crossroads,features four larger-than-life bronze figures, representing veterans of different eras, branches of service, and demographics, standing at attention before four flags. The figures will stand on a 27-foot square plaza, composed of granite 26 Page 2 of 2 pavers and featuring an intersection of two concrete "roads" at its center. On August 10, 2021, the City received a written request from the artist seeking additional funding due to significant delays not associated with the artistic components of the project. The total requested was 10%, which would increase the not-to-exceed amount of the public art agreement to $550,000 (originally $500,000). Factors for the request include ongoing storage fees for the bronze sculptures that have been completed but in storage while waiting for the park to be constructed, re-patina of the bronze sculptures, increased design costs associated with the use of the architect that was designing the park, and increased construction costs associated with the site work for the project. The artist also noted monetary damages arising from impacts to other projects this delay has created.Staff has reviewed the request and agrees that delays outside of the artist’s control have resulted in increased costs. The attached Resolution, including Exhibit A, reflects the artist’s request for additional compensation. Sufficient funding is available in the project budget. Installation of the artwork is currently planned for one month prior to the expected completion of the park. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the First Amendment to the Agreement with Sculptural Solutions for the Public Art Project at Don Biddle Community Park2) Exhibit A to the Resolution – First Amendment to the Public Art Agreement between the City of Dublin and Sculptural Solutions3) Original Agreement with Sculptural Solutions for the Public Art at Don Biddle Community Park (without attachments) 27 Attachment 1 Reso. No. XX-21, Item X.X, Adopted 11/2/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SCULPTURAL SOLUTIONS FOR THE PUBLIC ART PROJECT AT DON BIDDLE COMMUNITY PARK WHEREAS,the 2020-2025 Capital Improvement Program includes a project to design, fabricate and install permanent public art at Don Biddle Community Park; and WHEREAS,the public art proposal by Sculptural Solutions was recommended by the Veterans Art Selection Committee, Heritage and Cultural Arts Commission, and Parks and Community Services Commission; and WHEREAS, at its March 20, 2018 meeting, the City Council reviewed the artist’s proposal and voted to approve the art project; and WHEREAS, following approval by the City Council at its May 15,2018 meeting, the entered into a Public Art Agreement with Sculptural Solutions; and WHEREAS, delays not directly associated with the public art agreement have increased costs above what was originally proposed and have become a financial burden on Sculptural Solutions; and WHEREAS, Staff and Sculptural Solutions desire to amend the Public Art Agreement to increase the not-to-exceed compensation amount by $50,000, from $500,000 to $550,000, due to increased costs associated with project delays; and WHEREAS, in consultation with Sculptural Solutions, Staff has prepared an agreement amendment that addresses the modified terms and conditions of the public art project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and authorize the City Manager to execute the First Amendment to the Public Art Agreement with Sculptural Solutions, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of November 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 28 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ______________________________ Mayor ATTEST: _________________________________ City Clerk 29 Attachment 3 30 Attachment 3 31 Attachment 3 32 Attachment 3 33 Attachment 3 34 Attachment 3 35 Attachment 3 36 Attachment 3 37 Attachment 3 38 Attachment 3 39 Attachment 3 40 Attachment 3 41 Attachment 3 42 Attachment 3 43 Attachment 3 44 Attachment 3 45 Attachment 3 46 Attachment 3 47 Attachment 3 48 Attachment 3 49 Attachment 3 50 Attachment 3 51 Attachment 3 52 Attachment 3 53 Attachment 3 54 Attachment 3 55 Attachment 3 56 Attachment 3 57 Attachment 3 58 Attachment 3 59 Attachment 3 60 Attachment 3 61 Attachment 3 62 Attachment 3 63 Attachment 3 64 Attachment 3 65