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HomeMy WebLinkAbout12/05/2000, 5 - DOWNTOWN RESTROOM AND ART PROJECT council M"�`�l a - 5 -oo j acEnba i2EpoRt hem Number C I T Y OF SAN L U IS O B I S P O FROM: Michael McCluskey, Public Works Director Prepared By: Wayne Peterson, City Engineer SUBJECT: Downtown Restroom- City Project 90108 and Public Art Project —City Project 90108A. CAO RECOMMENDATION 1. Approve restroom public art proposal by artist Mark Jepson. 2. Authorize the CAO to execute an agreement with the artist. 3. Approve plans and specifications for"Downtown Restroom", Specification No. 90108. 4. Authorize staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the engineer's estimate. 5. Approve transfer of up to$57,000 from the completed projects account to the project account. DISCUSSION As a part of the 1999-2001 goal setting process, the Downtown Association identified the need for additional public restrooms in the City's core. The location, Parking Lot 2 on Broad Street, for the project was chosen after consultation with the Downtown Association and City staff. Once the location was chosen an architect was hired to design the project. The project also qualified for inclusion in the City's public art program and a second phase of the project then began to choose an artist to provide the art. Thus, this project involves two contracts and because they are closely related they are being handled as one agenda item. One should not proceed without the other. The design of the restroom is complete and ready for construction bidding. The project need is described in the 1999-2001 Budget, Appendix B,page 358. The Public Arts part of the project began in December 1999 with the CAO authorizing the distribution of a Request for Proposals. Artists were asked to suggest a project that could be included as a part of the restroom project. The artwork did not have be on the building or necessarily relate to the restroom. A committee consisting of a volunteer from the public, a member from the Arts Council, a member of the Downtown Concept Design Team, an artist, and a representative of the Downtown Association reviewed 10 proposals submitted and selected one. The selected art is by Mark Jepson. The project consists of lighted bronze bans relief sculptures on either side of the face of the restroom and a screen of painted steel with bronze leaves and branches in front of the vents over the doors to the restroom. A copy of the proposal is attached. 5-1 Council Agenda Report: Downtown Restroom and Art Project Page 2 The restroom building plans were prepared by Bruce Fraser, local architect, following a floor plan similar to one used at other city facilities. He revised the elevations to make it more in keeping with the downtown location. The facade is brick and the roof flat as are the buildings in the area. CONCURRENCES The public art selection committee reviewed all of the proposed projects and recommended this project for implementation. On June 19th the ARC reviewed the proposal and found the proposal met the City's Public Art Guidelines and recommends it to the City Council. Community Development Department has given this project a categorical exemption. ARC has made the appropriate findings to approve the project as presented to the Council. City maintenance staff has reviewed the project and the City's Building Department is prepared to issue a building permit. FISCAL EWPACT Under the City's public art policy, one percent of a project's construction budget is designated for public art unless it is exempt. The amount set aside from each project is accumulated and spent on Council designated projects. Funding for this project, $10,000 was approved by the Council on August 17,1999. The art portion of the project will be completed by the artist for$10,000. The restroom project was funded in the 1999-00 budget. The estimated cost of this project has increased because of the time that has past since the budget was originally established and the bidding climate is currently subject to some uncertainty. The project also exceeds the original estimate because the construction systems were enhanced to provide a more attractive building that fit better into the central business district. The brick veneer alone adds an additional $16,000 to the project cost. An additional $56,000 may be needed to construct this project. Staff recommends the Council authorize the CAO to approve a Budget Amendment transferring the money necessary to complete this project from the Completed Projects Account of the Capital Outlay Fund. The fund has a current un-appropriated balance of$86,000. Budget Estimated Cost Design $10,000 $ 10,750 Construction $60,000 $116,000 Budget Amendment Request $57 00 Total $127,000 $126,750 ALTERNATIVES Council could choose not to approve the public art proposal and refer the process back to the staff and selection committee. The committee would review the runner up proposals and either decide to recommend one to the Council or ask for new proposals. The Council may also decide the restroom project is too expensive and either direct staff to redesign a smaller project or drop the project from the CIP. 5-2 Council Agenda Report: Downtown Restroom and Art Project Page 3 AVAILABLE FOR REVIEW IN' THE COUNCIL OFFICE Plans and specifications.are available in the.Council office. ATTACHMENT Public Art Agreement �)Public Art Proposal sketch i`s attached as Exhibit A to the Public Art Agreement.. g:\_current projects\rpisc projectsGestrooms.1999 -2000\90108=dt restroom\documents\6=staff reports\90 l o8carauthoization toiadv.doc 5-3 n++achmpn+ l actizeement AGREEMENT TO INSTALL PUBLIC ART THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and MARK ERIC JEPSON hereinafter referred to as Artist and referred to jointly as PARTIES. WITNESSETH: WHEREAS, on March 2, 2000 City received proposals for the design and fabrication of artwork per Specification 90108A;and WHEREAS,the proposals were reviewed by a selection committee;and WHEREAS, the committee selected Mark Eric Jepson for a San Luis Obispo Art in Public Places Project San Luis Obispo Public Artwork, Downtown Restroom Project, Specification No. 90108A, located on Broad Street in Parking Lot 2; NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: SECTION 1: ARTWORK INSTALLATION AND COMPENSATION. A. The Artist agrees to fabricate the artwork as shown in Exhibit A on a schedule dependant on the construction of the related restroom project for a total not to exceed $10,000 to be paid by the City. The artwork shall be ready for installation on the face of the building when the restroom building is substantially completed. Estimated date of this completion is June 1, 2001. The total fee includes labor, materials, equipment, insurance and related costs of designing and fabricating the artwork,including installation when requested by the City. B. The Parties agree that minor modifications to the artwork's design and/or materials may become necessary during fabrication and installation. Artist may undertake minor changes without the consent of the City. No major or significant changes to the design or materials may be undertaken without the City's prior written consent. Said consent shall be entirely at the discretion of the City. C. The schedule of payments to the artist shall be as follows: 1) 25%of total fee upon execution of this agreement;and 2) 50%of total fee upon fabrication mid-point;and 3) 25%of total fee upon City acceptance of artwork. SECTION 2: OWNERSHIP A. The Artist warrants that the artwork is the result of the artistic efforts of the Artist and that the artwork will be installed and become the property of the City,free and clear of any liens,claims or encumbrances or limitations of any kind B. Upon completion of the anwbrk as shown in Exhibit A and upon its final acceptance by the City's Public Works Department,the City shall assume ownership and full responsibility for maintenance of the artwork, as determined necessary by the City prior to acceptance of the artwork. C. The Artist hereby grants to the City and its designees: a)the exclusive right to display the artwork;b)ownership of the models, sketches,renderings and other documents relating to the design, city approval and installation of the artwork; and c)the right to reproduce the artwork using photographs and other two-dimensional images for educational, civic, public relations, arts promotional and other non-commercial purposes, including the right to sell derivative works based on the artwork. The Artist shall receive acknowledgment in connection with the 5-4 itAc�� t11Ph� artwork or any reproductions or promotional materials prepared by the City. Except as provided in this agreement,the Artist retains all copyrights in the artwork. SECTION 3: INDEMNIFICATION AND WARRANTIES DURING DESIGN AND FABRICATION A. The Artist and his subcontractors agree to defend, indemnify and hold harmless the City and their officers, agents and employees, from and against all claims, costs and damages arising out of the Artwork (including Artists agents or employees activities under this agreement.) B. The Artist and his subcontractors hereby warrant that the artwork is fabricated in accordance with approved plans, specifications, and industry standards, and that is shall be free from faulty or defective workmanship or materials. SECTION 4: INSURANCE A. Prior to installation the Artist shall assume the entire risk of loss or damage to the artwork by theft, vandalism, fire or other casualty. When fabrication of the artwork is complete,the artist is responsible for theft,vandalism, fire,breakage or any damage from the place of fabrication to the site. B. The City may require general liability insurance depending on the nature of the selected artwork. SECTION 6: REPAIR AND RESTORATION The City will,whenever practical, consult with the Artist regarding repairs and restoration which are proposed to be undertaken by the City during the Artist's lifetime. If the artwork requires repairs and restoration, the City agrees to contact the Artist to determine appropriate methods necessary to accomplish identified concerns. The artist agrees to provide the City with information regarding the materials, surface finish, method of transportation, methods for maintenance,etc.,as requested by the City prior to installation of the artwork. SECTION 7: LOCATION,ALTERATION OR REMOVAL The City retains the right to relocate or remove the artwork from public display for any reason, at the sole discretion of the City Council. Reasons for removing the artwork from public display shall include, but not be limited to: hazards to public health,safety or welfare; unsightly or deteriorated conditions of artwork;or needs to access,repair and maintain public facilities. The City agrees to properly store and maintain artwork if taken out of public display, until such time as the City decides to re-install it for public display, sell or transfer ownership of artwork. SECTION 8: SALE OR DISPOSITION A. The parties agree that the City shall have the exclusive right to sell, loan, lease or transfer the artwork at any time and to whomever or whatever entity the City may choose. B. The Artist expressly waives, as to his successors in interest, to the greatest extent allowed by law,any rights he may have under California Civil Code Sections 986 through 989. Specifically, but not exclusively, the Artist disclaims, for himself and his successors in interest, any right to collect a royalty payment upon the sale or transfer of the artwork by the:City or its successors interest,and agrees that in no event shall the Artist have the right to place a Gen upon the site where the artwork is installed or to receive punitive damages. SECTION 9: MISCELLANEOUS PROVISIONS A. The personal skill, judgment, and creativity of the Artist is an essential element of this agreement. Consequently, although the Parties understand that the Artist may employ qualified personnel to work under his supervision,the Artist shall not assign, transfer or subcontract the creative and artistic portions of the artwork to another party without the prior written consent of the City. 5-5 q-t+a cG�rnerr+- I B. This agreement contains all understandings, and no changes to this agreement shall be effective unless authorized representatives of the Parties sign them. C. All correspondence and submittals under this agreement shall be delivered as follows: City City of San Luis Obispo Wayne Peterson,City Engineer 955 Morro Street San Luis Obispo,CA 93401 Artist Mark Eric Jepson 425 Jensen Road Paso Robles,CA 93446 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Administrative Officer APPROVED AS TO FORM: ARTIST By: i* 5-6 f�f+uch vr�e✓��- �— i I •• a �l" � . i' L. .1 � If Arn S n w. 5-7