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PUBLIC ART MANAGEMENT - to manage orderly transfer of artworks to Civic Center (Phase II) - executed by City Administrator - Did not require Council approval 3/20/2000 - 2000-03-20
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 / I z. 1 9 g:a gree/j mp/k/thom e/2/24/00 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/2/25100 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/thome/2/25/00 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 the 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/thome/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 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/thome/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/thom e/2/24/00 12. TERMIIIATION 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 : Ann Thorne, sole proprietor City A6ministrator APPROVED AS TO FORM: r pv��y Attorney INITIAT D AP OVED: Dir for of Co unity Services 8 g:agree/j mp/k/thom e/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 $5,500.00 L Fees to include office over-head, insurance, mail, phone/fax, computer services and meetings (3) and travel to site. Feb-29-00 10: 54A Browning/WaldschmidtIns . 714 847 4298 P .02 FARM E RS COMMERCIAL CERTIFICATE OF INSURANCE - AGENCY KERRY BROWNING, AAI Issue Date, 2/23/2000 16541 GOTHARD ST. , STE. 202 NAME HUNTINGTON BCH, CA 92647-4473 This certificate is issued as a matter of information only and confers nc t, 714 842-0848 FAX 714 847-4298 rights upon the certificate holder. This Certificate does not amend, A00RESS extend or alter the coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: ST. °i DIST._ 50 AGENT 305 _ Company Letter A TRUCK INSURANCE EXCHANGE IN'3UREO ANN THORNE Company Letter B FARMERS INSURANCE EXCHANGE NAME 19642 SHORECLIFF Company 6 Letter C MID-CENTURY INSURANCE COMPANY ADDRESS HUNTINGTON BEACH; CA 92648 Company Letter 0 COVERAGES __._-----•------------------------------ _._...---_.._._._...._.........___—.,_._-. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOU HAVE BEEN ISSUED TO THE: INSURED NAMED ABOVE FOR THE: FOLIC` PERIOD INDICATED. NOTIJITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 1NSUFANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT i; ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C:O, ( — -- �u - -�--- - uLICY EFF _- POLICY EXP L1:L'J_ TYPE DFJNSURANCE --- —pOLTI ! NUMBS i ! /J- e_eOLC �IMI7.5-I B GENERAL LIABILITI Aggregate 2_0_O,O_-O-C-- - I [ I TS l i Commercial General Liability I (Products-Comp/OPs Occurrence Vpr510h� (Aggregate Iq 100,000:( � - I I IPersonal 6 i Contractual Incidental Only i 01502 - 13 - 4 j 11:29/1999 11/29/200O ;Advertising Iniuryj$ 100,000 i Owners 6 Contractors Prot, I I (Each Occurence �f 1001000 I + I I I I.Fire Damage f I i I (Any one Fire; If 100400 I 'Medical Expense j,Vn/� - - •— , ,. ^.�QRM_�t—=----------- -._-_L(1�(llL_AIll`P3LS.GJL1._. � _ (Combined AUTOMOBILE LIABILITY t,- `I Single Limit 3 All Owned Commercial Autos C.T:i Bodily Injury Schedule Autos (Per Person) t Hired Autos r S. or�e9 Injury Non-Owned Autos Ci-�...� I 18odily p i Garage Liabilty I (Per Accident) 4 � I ._.. Property Oama9e $ ( I —. karaae Aaarea�tg_ —.—_. — I � STATUTOP.Y WORKERS' COMPENSATION AND Each Accident 5 EMPLOYERS' LIABILITY ) Disease-each empl. 4 _�. __L—____.__.__—__._..__...._.__._---.-•--_�.—.__..--_-- _'• -_---I -----_-_.— 111.Sease-aoliSY—.Lilo --. — DESCRIPTION OF OPERATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS; ADDITIONAL IN`iURED ENDORSEMENT TO FOLLOW CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE GESCRIBEO POLICIES BE CANCELLED BEFORE THE NAME CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL>a1 9 x% MAIL 30 6 2000 MAIN ST DAYS WRITTEN NOTICE TO THE CERTIFFcICATE HOLDER NAMED TO THE LEFT. Aill ADDRESS XWX HUNTINGTON BEACH, CA 9264i3 Xx►tx � �Z , P;'I2c � � �f�48I1�4X AUTHORIZED REPRESENTATIVE FED-29-2000 10:13 714 847 4298 9?% P.02 Mar-14-00 12 : 17P Brown ing/WalcischmicitIns . 714 847 4298 P .03 FROM LACC1 0 FAX NO. : 18055837278 •Mar. 09 2000 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 ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Pwum or Organization: CITY OF MWINGTON BEACH ITS AGENTS, OFFICERS C EMPLOYEES (If no entry appears above. information required to complete this endorsement will be shown in the Declara- tions as appllcable to this endorsement) WHO IS AN INSURED(Section 11) is amended to Include as an Insured the person or organlxation shown In the Schedule as an insured but only wtth respect to liability arising out of your operatlons or promises owned by or rented to you. CG 20 28 11 9S Copyright. Insurance Services Office, Inc., 1094 ❑ MAR-14-2000 11:36 714 847 4298 97i P.03 FEB-23-2000 09 45 CITY OF HUNTINGTON BCFi ' 714 374 5304 P.04 CITY OF H'UNTIN©TON BEACH APPLICATION FOR INSURANCE REQUMENMNTS WAIVER OR MODIFICATION 1. NamerTitle/Department of Requesting Staff Member tza h Z. Date of Request �' �'Z Z0 O cJ 3, Name of Contractor/Permittee p(A 9 L4 L, Pqrl— M A' 4. Description of work to be performed S. Length of Contract ;2 O Z� 6. Type of Insurance Waiver or Modification Requested: OD DOPJa i i - (a)Limits: (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___Xsk Manager's Signature/Da (This section to be completed by Ciry Attorney) Recommendation: � . Approver Deny Ciry Attorney's Signaturc/Date Settlement Committee approva ' (is not) quired for this waiver, If Settlement Committee approval is required, submit this form to City Attorney's Offii o be placed on the agenda. Recommendation:Approve Deny City Council approv (u 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 City Council agenda. irwtt FEB-23-2000 09:40 714 374 5304 - 9Bi P.04 as r� City of Huntington B(fh HUNTING70NBEACH 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: Applicant's Signature: ���— /,i t� uc � Date: 9 Title: t Location Signed: —�'u�t=t��� L✓ 1�2E-•�cr �� Telephone Number: G:\RiskMgmt\Cert-Ins\WC-Wvr.Doc (Rev. 51)4197) 0 R TO SOLE SOURCE R UISITIO� SOLE SOURCE JUST/FI TION ITEM: Removal/Conservation SOURCE: ConservArt & Ann mhnMe4 pUblic Art Manag 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 ITEM(S)CHECKED SOLE SOUFdE SIGNATURES �alfirfp6o(Head Signature Deputy City Administrator/Chi of "4 Administrative Services C' Administrator's Signature per 3.02.190(c) H.B. Municipal Code ra-21.doc ahR�IIDER TO EMERGENCY R ISITION WERGENCY PURCHASE JU TIFICATION ITEM: Removal/Conservation SOURCE: ConservArt & Ann�Thorne,�Pub=1�ic Art Management THE ITEM(S)OR SERVICE(S)TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION 1S AVAILABLE 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. t4 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. 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 provided for removal, conservation, immediate reinstallation and storage. E-M ERG€NC�YRIDERS°IGNATUR �S'i Chief of Administrative Serv�kWs per 3.02.190(9)(4) H.B. Municipal Code ( City Administrator ra-21.doc