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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. C] • 40 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. gr /artist.agt 1 T 0 • (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 gr /artist.agt 2 • i 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. gr /artist.agt 3 0 0 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 gr /artist.agt 4 0 0 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 gr /artist.agt 5 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. gr /artist.agt 6 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, gr /artist.agt 7 L 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. grlartiat_agt a 0 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