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HomeMy WebLinkAboutPUBLIC ART MANAGEMENT - Professional Services Contract - Transfer artworks to Civic Center (Phase II) 3/20/00 - 2000-03-20 CITY OF HUNTING�'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSINUTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 03-23-00 TO: Public Art Management ATTENTION: Ann Thorne 19842 Shorec l i f f Lane DEPARTMENT: Street Huntington Beach, CA 92648 REGARDING: Professional Services City,State,Zip Contract re: manage orderly transfe of artworks to the Civic Center See Attached Action Agenda Item C-1 b Date of Approval 3-2 0-0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance X RCA Deed Other CC: R. Hagan Comm. Serv. X X X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza X X Risk Management Dept. Insurance G:Fo I lowup/Letters/coverltr (Telephone:714-536-5227) • March 20 2000 - C il/A e(6) Rco g ncy Agenda - Page 6 C-1. Council CommitteelCouncil Liaison Reports C-1a. (City Council) Continued from February 22, 2000 — Public Cable Television Authority Liaison Report By Mayor Dave Garofalo (160.10) [Mayor presented report] C-1b. (City Council) Approve Emergency Sole Source Funding for Phase II — Relocation of Remaining Seacliff Murals to the Civic Center—Approve Two Contracts — (1) Public Art Management and (2) ConservArt &Associates - "Save the Birds" Project Council Committee—Approve Budget Amendment (320.45 and 600.10) Communication from the Community Services Director transmitting the following recommendation of the "Save the Birds" Council Committee: The Council Committee Members are Shirley Dettloff, Peter Green and Tom Harman. Recommended Actions: Motion to: 1. Approve an amendment to the current year budget by appropriating $51,700 from the General Fund Unappropriated Fund Balance for the removal and reinstallation of the two remaining Seacliff Shopping Center murals to the Civic Center; and 2. Approve the following contracts: (1) Public Art Management— Professional Services Contract Between The City Of Huntington Beach And Public Art Management To Manage Orderly Transfer Of Artworks To The Civic Center(Phase //) for$5,500 and (2) ConservArt &Associates —Professional Services Contract Between The City Of Huntington Beach And ConservArt Associates, Inc. For Removal Of Art From Seacliff Village And Reinstallation At The Civic Center(Phase ll) for$46,200, and authorize the Mayor and City Clerk to execute same. [Approved.both 1 and 2; 5-2 (Garofalo, Sullivan NO)] b 2/ HAM-141 �rvifw� Council/Agency Meeting : " 20 00 Deferred/Continued to: �(Approv ❑ Conditionally Approved ❑ ied - City 's Signature Council Meeting Date: March 20, 2000 Department ID Number: CS00-009 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - SUBMITTED BY: COUNCIL COMMITTEE ON "SAVE THE BIRDS" PREPARED BY: RON HAGAN, Director, Community Servic SUBJECT: APPROVE FUNDING AND CONTRACTS FOR REMAINING SEACLIO MURAL RELOCATION - Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of issue: Should the City remove and reinstall the two remaining Seacliff Shopping Center murals at the civic center as part of the"Save the Birds"Project? Funding Source: General Fund Unappropriated Fund Balance. The Council Liaisons to the "Save the Birds" Committee recommend this expenditure to save the two large ceramic panels and place them at the Civic Center,total amount $51,700. Recommended Action: 1. Approve an amendment to the current year budget by appropriating $51,700 from the General Fund Unappropriated Fund Balance for the removal and reinstallation of the two remaining Seacliff Shopping Center murals to the civic center; and 2. Approve the contracts with Public Art management for $5,500 and with ConservArt & Associates for $46,200, and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Allow the two remaining murals at the Seacliff Shopping Center to be destroyed. Analysis: In March 1998, Council adopted criteria for requests for appropriation of funds. The criteria included unanticipated emergencies, required to implement labor negotiations, or a new expense offset by related new revenues. The requested appropriation for $51,700 from the General Fund is an unanticipated emergency. The last two large ceramic tile murals (25' high x4 ` wide) at the Seacliff Shopping Center will be demolished with the old Lucky's Market structure unless they are removed and relocated to the Civic Center. While private sector donations of $260,000 have allowed the majority of the collection to be safely removed and restored, the remaining murals have no money allocated to save and relocate them. ,J1 J _ The Seacliff"Save the Birds"Committee believes that all community resources have been exhausted during Phase I and the time frame for demolition necessitates this urgent request for General Fund support. There are two sites at the Civic Center where the murals can be ideally located. The addition of these murals would bring the total number of murals at the Civic Center to eleven. With this action, all works at Seacliff will be secured. This project is in compliance with the public art element of the general plan. Due to the urgency created by the demolition of the shopping center, staff is recommending an EMERGENCY/SOLE SOURCE REQUISITION to hire both consultants. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page • D- • 1 Photos s of mural s currently Y a Lucky,s site. . 2 Contracts 3 FIS 4 Proposed r reinstallation nsta Ilation si tes P o ATTACHMENT # 1 I � � � ' ` �� . „ �. . f i � „g+ i .:�. '� = � � * ;: � �� ,� � � � � . � I 1 � - ----- � - _ � � ', ' � s I t 1 � a ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC ART MANAGEMENT TO MANAGE ORDERLY TRANSFER OF ARTWORKS TO THE CIVIC CENTER (PHASE II) Table of Contents 1 Scope of Work..................................................................................................... 1 2 City Staff Assistance............................................................................................ 2 3 Time of Performance........................................................................................... 2 4 Compensation...................................................................................................... 2 5 Extra Work........................................................................................................... 2 6 Method of Payment.............................................................................................. 2 7 Disposition of Plans, Estimates and Other Documents........................................ 4 8 Hold Harmless..................................................................................................... 4 9 Professional Liability Insurance.............................................................................6 10 Certificates of Insurance..................................................................................... 6 11 Independent Contractor...................................................................................... 7 12 Termination of Agreement.................................................................................. 7 13 Assignment and Subcontracting ......................................................................... 7 14 Copyrights/Patents ............................................................................................. 8 15 City Employees and Officials .............................................................................. 8 16 Notices................................................................................................................ 8 17 Immigration......................................................................................................... 8 18 Legal Services Subcontracting Prohibited........................................................... 8 19 Attorney Fees ..................................................................................................... 9 20 Entirety ............................................................................................................... 9 9 g:agree/j mp/k/thome/2/24/00 i • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC ART MANAGEMENT TO MANAGE ORDERLY TRANSFER OF ARTWORKS TO THE CIVIC CENTER (PHASE II) THIS AGREEMENT, made and entered into this 20th day of March , 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and PUBLIC ART MANAGEMENT, a sole proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to manage the orderly transfer of two large ceramic murals to the Civic Center in the City of Huntington Beach (Phase II); and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF WORK CONSULTANT shall provide the following services: A. Facilitate timelines with the developer for mural removal. Obtain permission for instance. B. Facilitate approvals through Cultural Services for installation. (RCA and Council approval process, contracts, insurance and budget requirements). C. Inform Public Works of process and schedules. D. Coordinate with ConservArt Associates for removal, preparation, transport and installation schedules. E. Provide construction observation during all phases of installation at Civic Center. F. Document maintenance requirements. 1 g:agree/j mp/k/thome/2/25/00 G. Establish approval review for completed work. H. Inform Seacliff Save the Birds committee of progress/schedules. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Ann Thorne who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Section A shall be completed no later than two (2) months from the date of this Agreement. These times may be extended with the written permission of the CITY. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Five Thousand Five Hundred Dollars ($5,500). 5. EXTRA WORK In the event CITY requires additional services not included in Section 1 or changes in the scope of services described in Section 1, CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6 METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payment of Two Thousand Four Hundred Fifty Dollars ($2,450) on April 24, 2000, upon a determination that all work is 2 g:agree/j mp/k/thom e/2/2 5/00 0 being satisfactorily completed. Upon satisfactory completion of the PROJECT, CITY shall pay CONSULTANT Two Thousand Four Hundred Fifty Dollars ($2,450). B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required above and in addition-shall-list hours expended and hourly.rate-charged for-such.time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 3 g:agree/j mp/k/th om e/2/24/00 8. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of its services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 9. PROFESSIONAL LIABILITY INSURANCE r CONSULTANT.shall furnish a professional liability insurance-policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S professional liability in an amount not less than $100,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: 1. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals. or replacements). 2. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 4. The reporting of circumstances or incidents that might give rise to future claims. 4 g:agree/j mp/k/th om e/2/24/00 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment.of premium.. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by CONSULTANT under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 5 g:agree/j mp/k/thome/2/24/00 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: 6 g:agree/j mp/k/thome/2/24/00 TO CITY: TO CONSULTANT: Ron Hagan Ann Thorne Director of Community Services Public Art Management City of Huntington Beach 19842 Shorecliff Lane 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92647 17. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 18. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 7 g:agree/j mp/k/thome/2/24/00 • • 20. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. PUBIC ART MANAGEMENT CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California B : 42�� ' Ann Thorne, sole proprietor Q� City m' istrator a y_ er _ ayor - APPROVED AS TO FORM: City Attorney INITIAT D AP OVED: Dir66tor of Co unity Services 8 g:agree/j mp/k/thome/2/24/00 • i • Seacliff Mural Removal & Restoration Oversight Provided by Public Art Management A public art collection was successfully transferred from Seacliff Shopping Center to the Huntington Beach Civic Center. There are two large ceramic murals to remove and reinstall. These murals, as with the prior murals and pelican steel sculptures, require approvals within the city (Cultural Services, Insurance, Public Works, and Planning Depts.) time-lines for removal, insurance requirements and schedules established with the developer (Shea Properties), and coordination with the conservation team to reinstall the artworks at the Civic Center. The project manager will provide the following services: 1. Facilitate timelines with the developer..for mural removal. Obtain permission for insurance. 2. Facilitate approvals through Cultural Services for installation. (RCA and council approval process, contracts insurance and budget requirements). 3. Inform Public Works of process and schedules. 4. Coordinate with ConservArt Associates for removal, preparation, transport and installation schedules. ] 5. Provide construction observation during all phases of installation at civic center. 6. Document maintenance requirements. 7. Establish approval review for completed work. 8. Inform Seacliff Save the Birds committee of progress/obstacles. Fee for completion of services $5,500.00 Fees to include office over-head, insurance, mail, phone/fax, computer services and meetings (3) and travel to site. Feb-29-00 10: 54A Browning/WaldschmidtIns . 714 847 4298 P.02 FARM E RS COMMERCIAL CERTIFICATE OF INSURANCE AGEIiCi' �i(ERP,'i BROWNING, AAI Issue Date: 2/23:2000 16541 GOTHARD ST. , STE, 202 NAME HUNTINGTON BCH, CA 92647-4473 This cer-tificate is issued as a matter of information only and confers no t. 714 842--O848 FAX 714 847-4290 rights upon the certificate holder. This certificate does not amend, ADDRESS extend ar alter the coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: ST, 97—GIST. 50 AGENT 305 — Company a Letter A TRUCK INSURANCE EXCHANGE INSURED ANN THORNE Company Letter B FARMERS INSURANCE EXCHANGE ,Q NAME 19842 SHORECLIFF Company & Letter C MID-CENTUP,Y INSURANCE COMPANY ADDRESS HUNTINGTON BEACH, CA 92648 Company Letter 0 -COVERAGES - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TU THE INSURED NAMED ABOVE FOR THE: POLICYz PERIOD INOICATED. NOTiJITHST'AND.ING ANY REQUIREMENT, TERM 06. COHDITION OF ANY CONTRACT OR. OTHER DOCUMENT WITH RESPECT TO V WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INS'UHANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS CIF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, d �.�—.__- 0f_ICY EFF POLICYExP 0 LIRA_ T1:pE_flF�N&URAiYU_ Pam_ LILY llbE�� �_l��S�L+li➢�!_YY1 IESM��Dl1�7�-TG-T�eP4LTCYL.mu-ti_T _....__.___-_.B 'GENERAL LIABII_TTi' ( ggregate li 2001000 Commercial General Liability I t I (Products-Tomp/Ops i I (Aggregate I4 100.000 r - Occurrence Version i (Personal & I i I Contractual - Incidental Only 1 01502 - 135 - 4:1 i 11 29/1999 11/29/2000 !Advertising Injury(! 100,000 } I I I I I I Owners 6 Contractors Prot. + Each Occurence �3 100.000 0! i I �. I I (Fire Damage I 1 I I i (Any one Firer (i 100,000 I (Medical Expense —— - -EQRM �__ _ __---- _--.-- -(An�an€P�sQ n Z.- ;i_QS!Q_1• 1713V, ''''' (Combined AUTOMOBILE LIABILITY Single Limit 4 All Owned Commercial Autos CT. "tr,Y Bodily Injury q :Schedule Autos ;Per Person) S Hired Autos Ey _ Non-Owned Autos T C.L To-fre S I (Bodily Injury R Garage Liabilty p 1 (Per Accident) $ f b Property Damage $ i � I -- MBRELLA_L".UL1Jr_ _—� ^^— -----__..—.__--_ L-Mit ! WORKERS' COMPENSATION I I STATUTORY I Q AND ( Each Accident f 1 EMPLOYERS LIABILITY Disease-each empl. $ 1 DESCRIPTION OF OPERATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: ADDITIONAL INSURED ENDORSEMENT TO FOLLOW CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE NAME CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL oEAI ItXX MAIL 30 h 2000 MAIN ST D06 UR1TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ,JJ& AGGRESS HUNTINGTON BEACH, CA 92648 X�41� O M -711 i�i fi ITHOP.IZEO REPRESENTATIVE _ FEB-29-2000 10:13 714 847 4299 9?% P.02 Mar-14-00 12 : 17P Browning/WaldschmicitIns . 714 847 4298 P.03 FROM LACC1 • FAX NO. : 18055837278 Or. 09 2WO 07:54AM P2 POLICY NUMBER: 1502 13 43 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR OROANIZATION This endorsement modifles insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Panoe or Organization: CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS 9 EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declare- tions as applicable to this endorsement.) WHO IS AN INSURED(Section II) Is amended to Include as an Insured the person or organization shown In the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 2e 28 11 95 Copyright, Insurance Services Office, Inc.. 1084 p MAR-14-2000 11:36 714 847 4298 97i P.03 ,� F�H-23-2000 09:45 CITY OF HUNTINGTON HCN ' 714 374 5304 P,04 CITY OF HUNITNOTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION _ 1. Name/Title/Department of Requesting Staff Member. 'zo 2. Date of Request 31 Name of Contractor/Permittee_ fit''(g w . �— M 4. Description of work to be performed 5. Length of Contracts 2 U 6. Type of Insurance Waiver or Modification Requested: -1-40 OD DO�J� i i (a)Lirnits: (b)Coverage 7. Reason for Request for Waiver or Reduction of Limits — — - 8. Identify the risks to the City if this request for waiver or modification is granted Department Head Signature (This section to be completed by the Risk Manager) Recommendation- Approve � Deny___Risk Manager's Signature/Da I—�GI y v (This section to be completed by City Attorney) Recommendation: Arove pp 1/ Deny Ciry Attorney's Signature/Date Settlement Committee approva ' (is not) quired for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's Offi o be placed on the agenda. Recommendation:Approve Deny City Council approv a not] equired for this waiver. If City Council approval is required,attach this form to the RCA after consideratio ettlement Committee. This insurance waiver[is] is not]on CityCouncil agenda. FEB-23-2000 09:40 714 374 5304 901.1 P.04 City of Huntington Begh HUNnNGTON BEACH 2O00 Main Street - California 92648 DECLARATION of NON-EMPLOYER STATUS In order to comply with City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation insurance. if you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: % Address: i" y Sz'-Z �c. —�L C_ Applicant's Signature: Date: Title: ' Location Signed: ��= Telephone Number: G:1RiskMgmt\Cert-Ins\WC-Wvr.Doc (Rev. 5/14/97) �. RIDER TO SOLE SOURCOEQUISITIOI►�/0q • SOLE SOURCE JUSTIFICATION ITEM: Removal/Conservation SOURCE: ConservArt & Ann Thorn,., L11hlic Art Mar: THE ITEM(S)OR SERVICE(S)TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE IT IS: ( ) SUBJECT TO VALID AND EXISTING.UNITED STATES PATENTS OR COPYRIGHTS AND NO ACCEPTABLE SUBSTITUTE FOR THIS PRODUCT OR SERVICE IS AVAILABLE ( } A PROPRIETY PRODUCT OR SERVICE NOT OTHERWISE AVAILABLE AND FOR WHICH NO SUITABLE SUBSTITUTE IS AVAILABLE. ( } OTHER AVAILABLE AND COMPETITIVE ITEMS ARE INCOMPATIBLE OR UNUSABLE WITH EXISTING EQUIPMENT. . COMPETITIVE SOURCES ARE AVAILABLE BUT THE REQUIRED DELIVERY SCHEDULE OBVIATES THEIR USE. ( ) COMPETITIVE SOURCES ARE AVAILABLE BUT ARE UNRELIABLE OR THE PRODUCTS OR SERVICES OFFERED LACKS THE REQUISITE QUALITY OR SUFFICIENT QUANTITIES ARE NOT AVAILABLE. ( } OTHER EXPLANATION OF ITEMlS1 CHECKED f i SOLE SOU4dE SIGNATURES —k6fi;farfP60 Head Signature Deputy City Administrator/Chigi of Administrative Services City A inistrator's Signature per 3.02.190(c)H.B. Municipal Code Z� ra-21.doc A s • City of Huntington Be& HUNTON SEA CH 2O00 Main Street California 2648 DECLARATION of NON-EMPLOYER STATUS In order to co ly with City Council Resolution No. 6277, you are required to provide proof of Workers' Compen tion insurance. If you have no employees, this form must a signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the acti 'ty or work for whi this permit is issued, I shall not employ any person in any manner so as to becom subject to C ifornia Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immedi e and retroactively revoke the license or per issued under this declaration if I hire any employees r become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: Address: / 9 'y S Applicant's Signature: /Ai - :ce— Date: 9 r' Title: Location Signed: •= Telephone Number: �` `.r,� �lr 9 Z �9c - 'C4 G:\RiskMgmt\Cert-Ins\WC-Wvr.Doc - _------ RIDER TO EMERGENCYWQ UISITION EMERGENCY PURCHASE JUSTIFICATION ITEM. Removal/Conservation SOURCE: ConservArt & Ann Thorne, Public -F. Management THE ITEM(S)OR SERVICE(S)TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS THE FROM A SINGLE SOURCE ONLY BECAUSE: ( ) THERE IS GREAT PUBLIC CALAMITY ( ) THERE IS IMMEDIATE NEED TO PREPARE FOR NATIONAL OR LOCAL DEFENSE. ( ) THERE IS A BREAKDOWN IN MACHINERY.OR AN ESSENTIAL SERVICE WHICH REQUIRES AN IMMEDIATE PROCUREMENT IN ORDER TO SAFEGUARD THE PUBLIC HEALTH, SAFETY OR WELFARE. j AN ESSENTIAL, DEPARTMENTAL OPERATION AFFECTING THE PUBLIC HEALTH, SAFETY.OR / WELFARE WOULD BE GREATLY HAMPERED IF THE PRESCRIBED PROCUREMENT PROCEDURE WOULD CAUSE AN UNDUE DELAY IN THE PROCUREMENT OF THE NEEDED SERVICES. �Q OTHER EXPLANATION OF ITEM(S)CHECKED There is a schedule to demolish the shopping center in the next 60 days. Conditions of approval for this artwork removal state not to exceed 60 days with reasonable extension provided as long as removal is occurring in an expeditious manner." A cultural legacy will be destroyed and costs increased if professional services are not r provided for removal, conservation, immediate reinstallation and storage. EMERGENCY.RIDER SIGNATURES Chief of Administrative Servic s per 3.02A90(9)(4)H.B. Municipal Code �G e� JAk 1ty Administrator ra-21.doc s PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSERVART ASSOCIATES, INC. FOR REMOVAL OF ART FROM SEACLIFF VILLAGE AND REINSTALLATION AT THE CIVIC CENTER(PHASE II) Table of Contents 1 Work Statem t ......................................................................................... .............I 2. City Staff Assis nce.............................................._. 3 Time of Performa ce........................................................................... ...................2 4 Compensation.......... ....................................................................... ......................2 5 Priorities................. ................................................. ....................2 6 Extra Work..................... ........................................................... .............................2 7 Method of Payment............ ...................................,................... ..................................3. 8 Disposition of Plans,Estima s and Other Documents...... ....................................4 9 Hold Harmless ......................... ...................................... .......................................5 10 Workers' Compensation Insuran ............................... ...........................................5 11 General Liability Insurance............. ......................... ..............................................6 12 Professional Liability Insurance......... .................. ................................................6 13 Certificates of Insurance........................ ........... .....................................................7 14 Independent Contractor............................. ..... ........................................................8 15 Termination of Agreement........................... ..........................................................8 16 Assignment and Subcontracting................ ...... .......................................................9 17 Copyrights/Patents................................ ............. ...................................................9 18 City Employees and Officials ............ .................... ................................................9 19 Notices............................................ ........................... ............................................9 20 Immigration................................. ................................. .........................................10 21 Legal Services Subcontracting ohibited......................... .....................................10 22 Attorney's Fees...................... ............................................... ..................................10 23 Entirety ..........10 • 12 OOagree/conserarV2/25100 ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-15 Approve funding and contracts for the remaining Seacliff Mural Relocation Date: February 23, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Resolution approving contract funding for the Seacliff Mural relocation." If the Council approves this action (total appropriation of $51 ,700), the estimated unreserved, undesignated General Fund balance at September 30, 2000 will be reduced to $9,305,143. dz-6- JA`n Reekstin, Director of Administrative Services op a urrent Fund Balance-General Fund Budget Estimate; Beginning Fund Balance 10/1/99 (unaudited) $ 11,734,000 $ 17,071,000 Plus: Estimated Revenue 114,110,841 114,110,841 Less: Estimated Expenditures (120,169,841) (120,169,841) Pending/Approved FIS's: (1,655,157) Less: FIS 2000-15 - (51,700) Estimated 9/30/00 Balance $ 5,675,000 $ 9,305,143 ESTIMATED GENERAL FUND BALANCE SEPTEMBER 30, 2000 $10,000,000 _ $9,000,000 - $89000,000 $7,000,000 - $6,0005000 - - $9,306,14 $5,000,000 - $4,000,000 $3,000,000 $2,000,000 - $150009000 - $5,675,00 $- ADOPTED BUDGET CURRENT ESTIMATE i ATTAC H M E N T #4 i7' = f 0 4 Mc 3 3 03 The Seacliff"Save the Birds"Committee believes that all community resources have been exhausted during Phase I and the time frame for demolition necessitates this urgent request for General Fund support. There are two sites at the Civic Center where the murals can be ideally located. The addition of these murals would bring the total number of murals at the Civic Center to eleven. With this action, all works at Seacliff will be secured. This project is in compliance with the public art element of the general plan. Due to the urgency created by the demolition of the shopping center, staff is recommending an EMERGENCY/SOLE SOURCE REQUISITION to hire both consultants. Environmental Status: N/A Attachment(s): City Clerk's • .g- Number No. D-scription °.::::: 1 Photos of murals currently at Lucky's site. 2 Contracts 3 FIS 4 Proposed reinstallation sites RCA ROUTING SHEET INITIATING DEPARTMENT: CO_MM V__N.jT_Y_$E RVI C ES SUBJECT: COUNCIL MEETING DATE: ..............................................................................................................:......:. :. ............ ATTACHMENTS........... .................... ......­..........................%................................ ........ ........:.:.. :STATUS T....A......T .....U.....&.....*.. ...._.............. .................. ........................Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached "' a Financial Impact Statement (Unbudget, over $5,000) Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .......................... .... ...............- ............................................ ................................................... ............. ............................ w. ............... .............................. ................................­........................... .. ......................... . . . .................... . .... FOR . ...... . ...... NTS: ................ATTION........ x "AN. ���!M[.SSI.NG'A--.T.--...T-.--..A- H.M . ..................................... ............................ ... ......... PL .. ................................................................................-... .............................................................. ....... ..... .... ...: .......................... ..... . ................ .. ......... ............. ....................... ...EVIEW.ED. . RETURNS FORWARDEQ.... Administrative Staff 3—/ 62 pik F(owma"MiX, F2 0 WGIFIEWO -Assistant City Administrator (Irfifial) City Administrator (Initial) J MR 260 City Clerk .. ...........*.... . ........... ..........................................................0........... ... ....................... ......................... ..... . . .................................................. ....................... .................................w�­­�­............ ......................... .................................................................. ............................................... ...ANA ...................... T T ....................... .......*"*'****......................................... L .10 N.FOR RE.. .UR.N..:.:.F ITEM................. ..................... 19M.. . I ......... .... . ...................................................................... .... .. ILL C" tj(b (Below Space For City Clerk's Use Only) OQ 4 44L--Y� r4q _j L Y U 47 RCA Author: CITY OF twerrivicoToma i3F.Ac m ca INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk 1 �, Office of the City Clerk Liz Ehring, Deputy City Clerk II fit. To: n Dates f _ / !V,0 V Meeting Date Agenda Item:._ Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing _ B Not identified C Other e an7q v — o ,c 7Q S-R-) 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other IY! n .{ �S- 0 G(J P 7` o e G:agendatmiscIrcaform