HomeMy WebLinkAboutC-2840 - Rocky Point Retaining Wall Aesthetic DesignI
TO: City Council
FROM: Public Works Department
V
SUBJECT: ROCKY POINT RETAINING WALL (C -2687)
RECOMMENDATIONS:
September 9, 1991
CITY COUNCIL AGENDA
ITEM NO. F -11
1. Affirm the Negative Declaration of Environmental
Impact and the Categorical Exemptions of
Environmental Impact.
2. Approve the plans and specifications.
3. Authorize the City Clerk to advertise for bias -�O.
4. Authorize the wayor- -and- •City-Clerk to execute an
Easement-,Agreement between the -City and William
and.,Beverly Ray which provides for an easement to
construct the retaining wall and anchor system.
5. V Authorize the .Mayor and City Clerk to execute a
=Supplemental Agreement with Com Van Sant to
provide for compensation to complete the retaining
wall intaglios.
DISCUSSION:
The current budget contains 2 appropriations carried
over from FY 91 -92 for improvements along the north side of the
1900 block of Pacific Coast Highway (PCH) at "Rocky Point ".
The first appropriation of $400,000 provides for the
construction of approximately 300 linear feet of curb, gutter,
sidewalk and retaining wall. The sidewalk will be 6 feet wide,
and will fill -in one of the last remaining sidewalk gaps along
the north side of PCH within the City. The retaining wall will
be built approximately 6' feet behind the sidewalk and will range
from 6 feet to 16 feet in height. The wall will be located
mostly within a 10 foot -wide strip of private property, as shown
on the attached Exhibit "A ", which has been reserved by license
agreement for construction of a retaining wall. The location of
the wall will allow for a future 6 foot widening along the
northerly side of PCH, if desired,as shown on the attached
Exhibit "B ".
SUPPLEMENTAL ARTIST
THIS SUPPLEMENTAL AGREEMENT, entered into this 4TH day of
December, 1991 by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and TOM
VAN SANT, whose address is 146 Entrada Drive, Santa Monica,
California 90402 (hereinafter referred to as "ARTIST ") is made with
reference to the following:
RECITALS•
CITY and ARTIST entered into the ARTIST AGREEMENT on January
28, 1991. Section 1 (B) of this agreement provides for a
supplemantal agreement to provide compensation for Phases 2 and 3.
THE PARTIES AGREE AS FOLLOWS:
(A) CITY shall pay ARTIST the sum of thirty -three thousand
three - hundred thirty -three dollars ($33,333.00) for Phase 2
services as described in Exhibit "A" of the "ARTIST AGREEMENT ".
The payment will be made upon execution of this SUPPLEMENTAL
AGREEMENT.
(B) CITY shall pay ARTIST the sum of thirty -three thousand
three - hundred thirty -four dollars ($33,334) for Phase 3 services as
described in Exhibit "A" of the "ARTIST AGREEMENT ". The payment
will be made one -half at the beginning of Phase 3 and one -half at
the completion and acceptance of the work by the Public Works
Director described in Exhibit "A" of the "ARTIST AGREEMENT ".
GENERAL
The terms and conditions of the "ARTIST AGREEMENT" remain in
effect and are not modified by this SUPPLEMENTAL AGREEMENT with
the exception of providing for compensation for Phases 2 and 3.
IN ;9ITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
CITY:
CITY OF NEWPORT BEACH,
B municipal corporation
Mayor
AR E -A O FORM: ARTIST:
` _r /
BY 223 ,
ty At rney/ Tom Van Sant
•
•
•
TO:
FROM:
0
City Council
Public Works Department
0
Nov 1 31990
November 13, 1990
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
C - z,W(I-
SUBJECT: ROCKY POINT RETAINING WALL AESTHETIC DESIGN CONTRACT
RECOMMENDATION:
Authorize the Mayor and City Clerk._to.execute an agreement
with Tom Van Sant to provide artistic services for the
creation of an aesthetic treatment for the Rocky Point
Retaining Wall.
The current budget provides funds for the construction of a
retaining wall at Rocky Point. This wall will be approximately 260 feet
long and vary in height from 6 feet to 16 feet. To provide a wall that
will be pleasing to the community, additional funds were budgeted to
fund an aesthetic artistic treatment for the face of the wall.
The staff has contacted the artist that created the intaglio
designs on the Coast Highway Bank of Newport Building and The Irvine
Company block 500 buildings. His name is Tom Van Sant. He has agreed
to work with a community group and the staff to come up with a design
for the wall that will provide an artistic and aesthetic treatment to
soften the appearance of the wall.
Mr. Van Sant has been involved in a number of cast -in- place:
concrete walls with intaglio designs. Two have been mentioned in
Newport Beach. Others include the Inglewood Civic Center and a wall in
the Central Lobby of the Honolulu International Airport.
In addition to providing for the creation of the design and
the carving of the sculptures and the implementation of the design, Mr.
Van Sant will provide technical assistance in advising the staff in the
preparations of plans and specifications for the wall. He will work
with the City's wall contractor to insure the proper preparation of
forms and will make sure the concrete placement crews will use the most
effective methods of concrete placement to insure the desired results.
The proposed Artistic Services Agreement breaks the work into
three phases: 1) Design, 2) Creation and 3) Construction. Phase 1,
Design, provides for the artist to meet with community groups to come up
with a design. He is to prepare renderings for the final approval of
the City Council. During this phase he will also provide assistance in
the preparation of the plans and specifications to be used for the wall
contract to allow the intaglio designs to be implemented.
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Subject: Rocky Point Retaining Wall Aesthetic Design Contract
November 13, 1990
Page 2
Phase 2, Creation, provides for the preparation of the
intaglio sculptures to be used on the wall forms.
Phase 3, Construction, provides for the artist to work with
the wall contractor to prepare forms and attach the sculpture to the
forms. He will help train workers and inspectors in proper techniques
for concrete placement. When the forms are stripped he will work with
the contractor to correct any imperfections in the intaglios.
The fee for this work will be broken into three parts. The
fee for Phase 1 will be $33,333. The fees for Phases 2 and 3 will be
provided for under a Supplemental Agreement to be negotiated after the
final design is completed and approved by the City Council. The
agreement states that it is the goal the City and Artist to create the
work (all 3 phases) for $100,000 or less.
Phase 1 is to be completed by February 1, 1991, with Phase 2
being completed 3 months after notice to proceed has been received.
Phase 3 will depend on the construction schedule of the City's wall
construction contractor.
Attached is a copy of the Artist Agreement.
The Mariners Mile Association and the staff feel that the
Rocky Point retaining wall is an opportunity to create a significant
"Art in Public Places" addition to the City.
4
Benjamin B. Nolan
Public Works Director
DW:so
Attachment
0 i C - Z 9z/O
ARTIST AGREEMENT
THIS AGREEMENT, entered into this Z& day of January, 1991, by
and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and TOM VAN SANT, whose address
is 146 Entrada Drive, Santa Monica, California 90402 (hereinafter
referred to as "ARTIST ") is made with reference to the following:
RECITALS•
A. CITY desires to retain the services of ARTIST to create
an aesthetic treatment (called the "Work ") for a retaining wall to
be constructed on West Coast Highway at Rocky Point in Mariners
Mile. In response to CITY's request for proposal, ARTIST has
submitted a proposal for the creation of the Work.
B. CITY and ARTIST desire to enter into this Agreement
setting forth the terms and conditions whereby ARTIST will create
the Work and CITY will pay for services to create the Work.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. GENERAL
(A) ARTIST agrees to perform the services to create the
Work as described in accordance with the requirements set forth in
Paragraph 2 of this Agreement. CITY agrees to remit to ARTIST the
amounts set forth in Paragraph 3 of this Agreement.
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(B) The implementation of the Work is to be performed in
three phases: 1) Design, 2) Creation and 3) Construction. This
Agreement provides the terms and conditions for the completion of
the three phases. This agreement will provide for compensation to
complete Phase 1, Design of the Work. Upon approval of a design by
the City Council, a supplemental agreement will be negotiated to
provide compensation for Phases 2 and 3. It is understood that it
is the goal of the CITY and ARTIST to create the Work (all three
phases) for $100,000 or less.
2. SCOPE OF SERVICES
ARTIST is to design, create and construct the Work as
described in Exhibit "A" - "Scope of Services."
3. COMPENSATION
CITY shall pay ARTIST the sum of thirty -three thousand
three - hundred thirty -three dollars ($33,333.00) for the completion
of Phase 1 services as described in Exhibit "A ". All equipment,
material, transportation and other related items needed to complete
Phase 1 are to be provided by the ARTIST for the compensation
above. CITY shall pay ARTIST twenty -three thousand dollars
($23,000.00) along with the Notice to Proceed for Phase 1, and ten -
thousand three - hundred thirty -three dollars ($10,333.00) after
completion of Phase 1.
Upon final approval of the design by the City Council,
CITY and ARTIST will negotiate a supplemental agreement to provide
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for compensation to complete Phases 2 and 3 after the completion of
Phase 1 and prior to commencement of Work on these phases.
4. COMPLETION OF SERVICES
Phase 1 services are to be completed by February 1, 1991,
pending reasonable consensus on design by reviewing parties.
Phase 2 services are to be completed to meet contractors
pouring schedule which may be as early as three months after
receiving a Notice to Proceed from the CITY. Contractor to give
ARTIST at a 30 -day notice in advance of the concrete pour date.
Phase 3 will be completed upon completion of stripping,
sandblasting and patching of the sculpted areas (if required) .
ARTIST shall perform the Phase 3 services in accordance with
specifications and time limits which will be established by the
ARTIST during Phase 1. The advisory and consulting functions of
Phase 3 may begin prior to the completion of Phase 2.
5. SUBCONTRACTORS AND ASSIGNMENT
It is agreed and understood that this Agreement is for
the expertise, design and management skills and talent specific to
ARTIST. None of the services included in this Agreement shall be
contracted or subcontracted without prior written approval of CITY.
ARTIST shall not assign or transfer any interest in or any
obligation of this Agreement, whether by assignment or novation,
without the prior written consent of CITY.
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6. INDEPENDENT CONTRACTOR
It is understood and agreed that ARTIST, in the
performance of this Agreement, will be acting in a wholly
independent capacity and not as an agent, employee, partner, or
joint venturer of CITY.
7. HOLD HARMLESS
ARTIST shall indemnify and hold harmless CITY, its CITY
Council, boards and commissions, officers, agents and employees
from and against any and all loss, damages, liability, claims,
suits, costs and expenses, whatsoever, including reasonable
attorney's fees, arising from or in any manner connected to the
services or work conducted by ARTIST pursuant to this Agreement.
ARTIST shall indemnify, defend, and hold harmless the
CITY, its CITY Council, boards and commissions, officers, agents,
and employees, from and against any and all claims and losses
whatsoever, including reasonable attorney's fees, accruing or
resulting to any and all persons, firms, or corporations,
furnishing or supplying work, services, materials, equipment or
supplies in connection with services or work conducted or performed
by ARTIST pursuant to this Agreement and arising out of such
activities or work.
CITY shall indemnify ARTIST from and against any and all
losses, damages, liabilities, claims, suits, costs and expenses,
whatsoever, including reasonable attorneys fees arising from or in
any manner connected to the services or work conducted by CITY
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pursuant to this Agreement.
8. REPRODUCTION RIGHTS
CITY may use and reproduce the Work, unless the
reproduction of the work involves the use of graphics, such as
posters and prints, in which case CITY shall give ARTIST prior
notice of any proposed graphic reproduction of the Work and solicit
ARTIST's approval and /or suggestions as to the proposed use.
ARTIST shall have first right of refusal to create any graphic
reproduction of the work.
9. NOTICES
All notices, demands, requests, or approvals to be given
under this Agreement shall be given in writing and shall be deemed
served when delivered personally, or 72 hours after the deposit
thereof in the United States mail, postage prepaid, registered, or
certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from ARTIST
to CITY shall be addressed to:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attn: Public Works Director
All notices, demands, requests or approvals from CITY to
ARTIST shall be addressed to:
Tom Van Sant
146 Entrada Drive
Santa Monica, California 90402
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10. WAIVER
A waiver by CITY or ARTIST of any breach of any term,
covenant, or condition contained herein shall not be deemed to be
a waiver of any subsequent breach of the same or any other term,
covenant or condition contained herein whether of the same or a
different character.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
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CITY:
CITY OF NEWPORT BEACH,
a municipal corporation
4 _
Mayor
ARTIST:
By
Tom Van Sant
•
EXHIBIT "A"
SCOPE OF SERVICES
The ARTIST, working with City staff and community groups is to
prepare a design for the aesthetic treatment to be used to improve
the appearance of the Rocky Point Retaining wall. The treatment is
to include intaglios and other features that will cause the wall to
be aesthetically pleasing and in this scope of services and
agreement is called the Work.
PHASE 1: The Design Phase of the Work is also called Phase 1.
Phase 1 should include, but not be limited to, the following
services:
The ARTIST shall:
1. Meet with the City staff and community groups to
define the subject matter for the designs of the
Work.
2. Prepare the designs for approval by the City
Council and community groups. These designs are to
be able to be implemented for a total maximum of
$100,000 to ARTIST for the three phases to create
the Work, unless the City Council approves an
increase in this maximum fee.
3. Prepare renderings of the final design.
4. Prepare specifications to be used for a Public
Works contract to construct the wall with the Work.
These specifications should include requirements
for concrete mix designs and consistency, form size
and shape, form sealing, concrete placement and any
other details needed to allow the Work to be
included in /on the wall. These specifications
should also include the working space and time
requirements the ARTIST needs to install the Work
on wall forms.
5. Coordinate with City staff to make sure wall
construction plans incorporate adequate details to
allow the Work to be implemented.
6. Coordinate with City staff to pre - qualify
prospective bidder.
7. Submit a proposal establishing a fee for the
implementation of Phases 2 and 3.
PHASE 2: After Phase 1 has been completed, the design of the Work
has been approved by the City and the Supplemental Agreement
providing for compensation for Phases 2 and 3 has been executed,
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the ARTIST shall begin Work on the various sculptures and aesthetic
features necessary to implement the approved design. These
sculptures and aesthetic features are to be suitable for attaching
to the forms the City's contractor will use to construct the Rocky
Point Retaining wall. This Creation Phase will be called Phase 2.
During Phase 2, the ARTIST shall keep City staff informed and
updated on progress and any other factors which might affect the
implementation of the Work. Phase 2 will be complete when the
sculptures and aesthetic features are complete and ready for
installation.
PHASE 3: The Construction Phase, Phase 3, will begin when the CITY
awards a contract for the construction of the Rocky Point Retaining
wall. The ARTIST will need to coordinate efforts with the
contractor and City staff to implement the Work and produce the
final product. Phase 3 should include but not be limited to:
The ARTIST shall:
1. Work with City's contractor to prepare forms for
the implementation of the selected design,
including supervision of pour to make forms, and
approval of form and mold removal.
2. Provide applied services which include the waste
molds and application, the adhesives and
application, parting agent and application.
3. Provide supervision services, which include the
concrete placement and pouring operation, the
sandblasting and sculpture patching (if necessary) .
4. A refinement of the above services and other
services needed to complete the work will be
detailed during Phase 1 and included in the
supplemental agreement.
When the Work has been constructed to generally conform with the
approved design, Phase 3 will be considered complete and City staff
will recommend acceptance by the City Council.
The Work is to be completed to meet accepted industry standards and
have the same general quality of workmanship as on the intaglios on
the Bank of Newport building on East Coast Highway and on the Block
500 Irvine Company buildings in Newport Beach.
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TO: City Clerk
FROM: Public Works Department
171
March 8, 1991
SUBJECT: Rocky Point Retaining Wall Aesthetic
Design Contract
Attached is the original executed copy of the Agreement with Tom
Van Sant to provide Artistic Services for the Rocky Point Retaining
Wall. This agreement was approved by the City Council on November
13, 1990. A copy of the Council memo is attached.
A copy of the agreement has
Fin ce Dire
Webb
City Engineer
DW:mms
Attachment
been sent to Tom Van Sant and the