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HomeMy WebLinkAbout23AA - PROJ - FLOWER ST BIKE TRAILREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT AMENDMENT FOR SCULPTURE DESIGN AND INSTALLATION — FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT (NO. 122620) (STRATEGIC PLAN NO. 5, 5, C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an addendum to the contract agreement with Green Giant Landscape, Inc., for the Flower Street Bike Trail Gap Closure Project, to subcontract for the design, fabrication, and installation of a sculpture for the bike trail Trailhead Plaza at an estimated cost of $87,153. DISCUSSION The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the City and provides facilities for biking, jogging, and walking, and is part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan. It is also adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center (Exhibit 1). On August 5, 2013, the City Council awarded a $968,500 contract to the lowest responsible bidder, Green Giant Landscape, Inc., to construct the Flower Street Bike Trail Gap Closure. That action also approved a contingency of $145,275 to cover any unforeseen construction costs. At the time, neither the artist nor the sculpture had been selected. However, to avoid the loss of grant funds, staff recommended moving forward with the construction prior to completing the selection process. The approved contract included an allowance to pay for an unnamed artist to be contracted by the City, and for construction of the sculpture foundation structure. However, the contract also included a bid item to design, fabricate, and install the unknown art sculpture. Now that the sculpture and the artist have been determined, the contractor is able to hire the artist directly and has negotiated the actual cost of the work. Consequently, a separate agreement is required to handle this unique subcontracting arrangement. 23AA -1 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 2 Authorized vs. Actual Expenditures With the exception of the art sculpture work, this project is fully completed. The construction expenditures for the entire project to date, including contract work and executed change orders, are $911,574. Staff is recommending a construction contract change order with Green Giant Landscape, Inc., in the estimated amount of $87,153, to cover contractor and artist costs to design, fabricate, and install the sculpture (Exhibit 2). The change order cost, which includes the proposed artwork and all related expenditures, is completely within the framework of the existing contract and contingency. No additional expenditure authorizations are being sought and no additional funds are being requested. The project funding is summarized as follows: EXPENDITURES Construction Contract Contingency Contract Cost Credits Cost Extras SUBTOTAL RECOMMENDED ADDENDUM Art Sculpture Change Order TOTALS Artwork Selection and Concept AUTHORIZED $ 968,500.00 $ 145,275.00 $1,113,775.00 ACTUAL Recommended $ 968,500.00 <$102,734.00> $ 45,807.98 $ 911,573.98 $ 87,153.00 $ 998,726.98 The City received a grant to help build a half -mile of bike trail on the flood control channel property that runs along Flower Street from MacArthur to Sunflower. The grant includes $80,000 for the installation of a public art project on the northeast corner of Flower Street and Sunflower Avenue. Since the property in this area was once owned and farmed by a Japanese- American farmer who greatly contributed to the growth and prosperity of this region, the artwork will commemorate the important role of the Japanese- American immigrant agricultural community in Santa Ana. Last spring, the City partnered with Arts OC and issued a call for artist proposals for this public art project. Forty -six applications were received. A panel of three art experts working with Arts OC selected five finalists and asked them to submit renderings and proposals. The five artists presented their concepts and the committee judged the proposals based on experience, presentation, concept, and resistance to vandalism. After this process was completed, the selection committee recommended an untitled piece by artist Richard Turner. 23AA -2 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 3 The selection committee was comprised of Grace Kook - Anderson, Curator, Laguna Art Museum; Joseph S. Lewis III, Dean and Professor of Art, Claire Trevor School of the Arts, University of California, Irvine; and Mike McGee, Gallery Director of the Begovich Gallery, Director of the Exhibition Design /Museum Studies Program, Associate Professor of Art, California State University, Fullerton, and a new member of the City's Arts and Culture Commission. City Manager David Cavazos and Council Member Vince Sarmiento, who represents Ward 1 where the sculpture will be placed, have also reviewed the committee's recommendation. On August 21, 2014, the proposed sculpture was presented to the City's Arts and Culture Commission and they concurred with the selected public art project. The artist, Mr. Richard Turner, is very well -known and a highly- regarded veteran in the field of public art. The selection committee was extremely confident in the artist's ability to produce a quality monument that will stand the test of time. The design pays tribute to the contributions of the Japanese- American farmers while referencing their Japanese heritage. The work consists of a 7 -foot bronze sculpture of a bunch of celery, treated with a dark patina with green overtones, and an antique millstone atop a concrete plinth paved with handpicked stones. The idea of an oversize bunch of celery (one of the primary mainstays of the Orange County Japanese- American farmers) alludes to the exuberant American tradition of proclaiming our agricultural abundance. The paved stones evoke the paving of a pathway in a traditional Japanese garden, while recalling familiar southern California landscaping styles. The millstone, often used in Japanese gardens, represents the history of food production in both the East and the West. Together, the piece is minimal in style and straightforward in its symbolism. Exhibit 3 shows a picture of the small 3 -D model created for the selection process. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy C, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2006 -197 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. 23AA -3 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 4 FISCAL IMPACT , The estimated total amount needed to deliver the art sculpture is $87,153. Funding to cover all project costs was approved in the original contract awarded on August 5, 2013, and is available in the Parks Acquisition and Development Fund (Account No. 31313260 - 66220), Transportation Enhancement Fund (Account No. 05917660 - 66220), and the Recreational Trail Program Fund (Account No. 17213240- 66220). Fred Mousavipour Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency FM /EW G /TC Exhibits: 1. Project Location Map 2. Change Order 3. "Untitled" by Richard Turner APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23AA -4 Description: Flower Street Bike Trail Gap Closure scope of work included the construction of a 10 -foot wide by one -half mile long asphalt bicycle trail, landscaping, irrigation, security lighting, wrought iron fencing and a trailhead plaza, with an art sculpture located at Flower Street and Sunflower Street, J =I _ MACARTHUR laza SUNFLOWER EXHIBIT 1 ST saNrn ANA '9 I PROJECT RPSTPLE 5063 (143) 12 -2620 CITY COUNCIL ?.• NI A : AGENDA DATe FLOWER STREET BIKE TRAIL GAP CLOSURE JUNE 3, 2013 SUNFLOWER TO MACARTHUR " " °"` °." l M1UKI PAGE 1 OF 1 23AA -5 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -2620: Flower Street Bike Trail Gap Closure from Change order Number 3 MacArthur to Sunflower [RPSTPLE 5063 (143)] To Green Giant Landscape, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the folloWng described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BYTHE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORKAT AGREED AND UNIT PRICES Design and construct the foundation for the art sculpture at the Flower Street Bike Trail Plaza, as directed per PCO No. 13. AGREE PRICE $22,325 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 f Page 1 of 2 1 *:4:11 -31111 �a 23AA -6 Description Oty Unit Price Total 2. Foundation Mock Up* 1 $ 550.00 $ 550.00 3. Color Option in Foundation * 30 $ 100.00 $ 3,000.00 4. Grout Bronze Art Sculpture * 8 $ 100.00 $ 800.00 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 f Page 1 of 2 1 *:4:11 -31111 �a 23AA -6 CITY OF SANTA ANA r. PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -2620: Flower Street Bike Trail Gap Closure from Change Order Number 3 MacArthur to Sunflower [RPSTPLE 5063 (143)] To Green Giant Landscape, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BYTHE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: $ _ _ - _ - ESTIMATED $ 87,1 53.00 DECREASE INCREASE By reason of this order the CONTRACT TIME completion will be adjusted as follows: 224 working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date By Approval recommended by Approved by Contractor Green Giant Landscape, Inc. Title CITYMANAGER Date DIRECTOR Date Page 2 of 2 23AA -7 ADDENDUM TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GREEN GIANT LANDSCAPE INC. THIS ADDENDUM TO AGREEMENT is entered into on October 21, 2014, by and between Green Giant Landscaping, Inc. a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City ") (collectively "Parties "). RECITALS: A. The Parties entered into that certain Agreement 4 12 -2620, dated August 5, 2013, (hereinafter "said Agreement ") by which Contractor has constructed a portion of the Flower Street Bike Trail ( "Trail ") between Sunflower Avenue and MacArthur Boulevard. B. Section 2.19 of said Agreement provided the outline for the erection of a sculpture at the trailhead plaza area of the Trail. Pursuant to that section the Contractor was to construct the base upon which the sculpture is to be set and to pick -up, deliver and install the sculpture. Further, the Contractor was to pay to the artist who constructs the sculpture a sum not to exceed $60,000.00 for the sculpture and associated works of improvement to the trailhead plaza. C. In order to complete the requirements under the Agreement, certain specifications, time -lines and pay schedules need to be amended and added to the Agreement. The Parties hereto desire to enter into this Addendum to set forth the additional specifications and to provide Contractor with the means by which to fulfill its obligations under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those as set forth in this Addendum to Agreement, the Parties agree as follows: 1. Section 1.03 Time of Completion is amended as follows: The Contractor shall complete all work as amended by this agreement by June 30, 2015. 2. Section 2.19 Trailboa.d Plaza is amended to add the following provisions: Contractor shall pay to the Artist (Richard Turner) the dollar amounts and at the times as set forth in the "ARTIST SCOPE OF WORK/FEE SCHEDULE" attached as Exhibit 1 hereto and incorporated herein. Contractor shall be responsible for obtaining from the Artist and any and all subcontractors and material suppliers all appropriate lien releases upon payment for said work/materials. City shall release to Contractor from the funds allowed in the Agreement the sum of $60,478.00 upon execution of this Addendum. Contractor agrees that said $60,478.00 is to be used by Contractor for the sole purpose of paying the Artist the amounts and upon the time lines as set forth in Exhibit I hereto. Concurrently therewith, City shall reduce the amount of the performance bond of Contractor on the project to the sum as established in Change Order No. 3. The $60,478.00 is a `Not to Exceed' and the Contractor shal l provide invoices for all work provided by the Artist and all funds not used shall be returned to the City. 23AA -8 The costs to remobilize, design, and constrict the foundation support and install the art sculpture shall be amended as per Change Order No. 3. The bid items I 1 and 46 shall be voided and compensation shall be as outlined herein and in Change Order No. 3. Further, the City shall take beneficial occupancy all work completed as of August 6, 2014 and shall pay to Contractor all amounts owed as of August 6, 2014 and shall execute a retention release for all funds except for 5% of the remaining amounts owed as established in Change Order No, 3. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City At ney By: ,z 2s fJ h S aka sistant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour `l V Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager Green Giant Landscape, Inc. Donald L is Henderson President Green Giant Landscape, Inc. EXHIBIT 2 2 23AA -9 Project 12 -2620 Flower Street Bike Trail Plaza Art Sculpture Artist Scope of Work /Fee Schedule Foam positive of celery sculpture Bill Daniels Engraving Finish on Foam (Estimate) $2,000.00 Due at completion Deposit to begin work $3,725.00 Due at start Completion of work $3,725.00 $9,450.00 Due at completion Bronze celery sculpture and two bronze plaques MC3inc Mounting Pipe and Fill Void (Estimate) $2,000.00 Due at completion Deposit to begin mold work $3,870.00 Due at start Begin casting $9,335.00 Due at casting Complete casting and patina $9,335.00 $24,540,00 Due at completion Anti - skateboard hardware Skatestoppers Begin design development $950.00 Due at start Begin fabrication $510.00 Due at fabrication Complete fabrication $510.00 $1,970.00 Due at completion Millstone Mil /stones.com Purchase including shipping $5,700.00 $5,700.00 Due at order Stone paving Thompson Building Supplies Purchase including delivery $1,200.00 Due at order Installation vendor TBD (Estimate) $3,000.00 $4,200.00 Due at completion Transportation Vendors TED (Estimate) Deliver foam positive to foundry $500.00 Due at delivery Deliver bronze to site $500.00 Due at delivery Deliver stone to site $500.00 $1,600.00 Due at delivery Artist Oversight Design Development Construction Oversight Completion of Installation Subtotal General Contractor Markup Total Not to Exceed $3,000.00 Due at start $3,500.00 Due at start $3,500.00 $10,000.00 Due at completion $57,360.00 $ 3,118.00 $60,478.00 EXHIBIT 2 23AA -10 Notes on Scope of Work/ Fee Schedule • Foam positive of celery sculpture: Artist will contract to have the foam positive made for the celery sculpture. The type of finish depends on what the foundry needs and what kind of textural detail the Artist wants on the surface; estimate cost for foam positive finish is $2000.00. + Bronze celery sculpture: Artist will contract with foundry to design and fabricate the celery sculpture. The details for the interior of the sculpture to accommodate the mounting pipe and the material to fill the interior void will be addressed during design; the estimated cost is $2,000.00. Artist will contract with foundry to design and fabricate two bronze plaques, one to recognize City Council and one for the description of the art piece. • Millstone: Artist will select and purchase the millstone; cost includes shipping. • Stone paving: Artist will select and purchase the paving stones; cost includes shipping to the Artist studio. Artist will contract to have the paving stones installed; estimated installation cost is $3,000.00. • Transportation: Artist will arrange for the delivery of the foam positive to the foundry, the bronze celery sculpture to the site, and the paving stones to the site; estimated delivery costs are $1,500.00. • Subcontract: Artist to subcontract with Contractor for work and payment identified herein. Rendering of Art Sculpture f WN 0 11 :1 23AA -11