HomeMy WebLinkAboutTERRY SCHOONHOVEN - consultant agreement - manufacturing and installation of art work - pier plaza art proj 6/2/97 - 1997-06-02 r
-CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEA1
DATE: 9 9 7
TO: ATTENTION: _
Name
` DEPARTMENT:
DDZ 7 REGARDING: dA2:�1 sQf�/s�ll��
City,State,Zip , �
See Attached Action Agenda Item Date of Approval +� 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
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Attachments: Action Agenda Page ✓ Agreement� Bonds s ance V/
RCA Deed Other
Remarks:
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lame Deparuncnt RCA Agecmcrt Insurance Other
Name Department RCA Agreement Insurance Other
'Name Dcpanmcnt / RCA Ageemcnt Insurance Other
Risk Managemcnt Department Insurance Copy
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(Telephone: 714-536.E 227)
Page 8 - Council/Agency pencla - 06/02/97 • (8)
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Motion: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City CouncillRedevelo ment A enc Mi utes (120.65) -Approve and adopt the
minutes of the corrected page No. 14 of the City Council/Redevelopment Agency
ad-Burned meeting minutes of April 1, 1996 pertaining to pier Plaza Budget Amendment.
Submitted by be City Clerk
[Approved -- 7-0]
E-2. (City_Council)�Agreement Between City & Huntington-Beach Union "g School
District o School Field Lighting (600.10) -Approve an Agreement between the City of
Huntington Beach and the Huntington Beach Union High School District for Development of
Improvements Upon Certain Portions of District Property and authorize execution by the
Mayor and City Clerk. Submitted by the Community Services D�ector
[approved -- 7-0]
E-3. (City Council) Historic Resources Board of t - Bill Sprdan - Approve the
appointment of Bill Borden to the Historic Resources Board to a term expiring
June 30, 2001. S_ubral ed by the--Communityes Director
[Approved -- 7-01
E-4. (City Council) Agreements Between The City And Jerry Schoonhoven and
Lloyd Hamrol For Manufacturing And Installation Of A[f YVorh Fore Municipal PieE
Plaza (600.10) - Approve and execute execution of the following two agreements:
Agreement between the City of Huntington Beach and Terry Schoonhoven for the
Manufacturing and installation of Art Work(Historical Mural) at a cost not to exceed
$40,000 and 2, Agreement between the City of Huntington Beach and Lloyd Hamrol for
the Manufacturing and Installation of Art Work Pier Plaza Amphitheater at a cost not to
exceed $229,480. Submitted by the Community Sgnrices Director
[Approved -- 7-01
E-5. (City Council Bid Award - Acceptance Of Contractor For Flounder Station
Upgrades - CC-742 - ARA Engineering Contractors (600.60) -Accept the low bid
submitted by ARA Engineering Contractors, for a total bid amount of$540,000, and
2. authorize staff to appropriate $313,000 from drainage fund account No. G-ST-3-01-
00 to cover the cost of the Flounder Storm Drain Pump Station Upgrade, and
3. authorize the Director of Public Works to expend $673,a00 to cover contract cost of
$540,000, estimated construction Change Orders of $108,000 and anticipated
supplemental expenses of $25,000. Submitted by the Public Works Director
[Approved -- 7-0]
(8)
Council/Agency Meeting Held: 7 7 (o0O./U
Deff rred/Continued to:
® Approved Conditionally Approved 0 g tu
Denied City CI rk' ine
Council Meeting Date: June 2, 1997 Department ID Number: CS 97-033
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ r '�
PREPARED BY: RON HAGAN, Director, Community Services
SUBJECT: AGREEMENTS WITH TERRY SCHOONHOVEN AND LLOYD
HAMROLIPIER PLAZA ARTWORK
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental St tus,Attachment(s)�
Statement of Issue: The City needs to enter into agreement with Terry Schoonhoven and
Lloyd Hamrol to provide professional public artist services for Pier Plaza.
Funding Source: E-CL-PC-029-03-90-OO/Certificates of Participation approved by Council
on April 1, 1996.
Recommended Action: Approve the attached agreements with Terry Schoonhoven and
Lloyd Hamrol for services provided for Pier Plaza and authorize the Mayor to execute same.
Alternative Action(s): Select alternate public artists to provide services.
Analysis: Within the project approval of Pier Plaza by Council there are two arts elements
that require expertise of a professional, experienced public artist. Council and staff, through
an invitational process, selected Terry Schoonhoven and Lloyd Hamrol to complete the
mural work and the amphitheater art element respectively.
The art elements are integral parts of the overall Pier Plaza project. Terry Schoonhoven's
historical mural and Lloyd Hamrol's amphitheater will generate great interest and will
become attractions for residents and visitors. The arts elements will add a "sense of place"
and help create an identity for the city.
REQUEST FOR COUNCIL ACTION
MEETING DATE: June 2, 1997 DEPARTMENT ID NUMBER: CS 97-033
Environmental Status: All permits, including the Design Review Board, have been
approved.
Attachments :
City Clerk's
Page
1 Agreement
0025577.01 -2- 05/20/97 9:47 AM
AUTHOR: MUDDM
ORIGINAL
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
TERRY SCHOONHOVEN FOR THE MANUFACTURING
AND INSTALLATION OF ART WORK.
THIS AGREEMENT is made by the CITY OF HUNTINGTON BEACH, a municipal
corporation, herein called "CITY," and Terry Schoonhoven, herein called "CONSULTANT."
A. CITY is adopting a General Plan Amendment 94-2, Urban Design Element to
establish and strengthen community identity. Its goal of enhancing the visual image of the City
encourages public art as a tool to provide district and neighborhood identity(UD 1, UD 1.1, UD
1.3.2 b. UD I.4).
B. CITY is developing Pier Plaza on the coastal side of Pacific Coast Highway and is
implementing a public art project and herein referred to as "PROJECT," in accordance with the
terms and conditions of this Agreement.
C. CITY requires CONSULTANT to provide professional public artist services for
the Pier Plaza Tile Mural Wall , Department of Community Services, City of Huntington Beach.
D. CONSULTANT is ready, willing, and able to provide such services.
E. CITY desires to contract with CONSULTANT for such services.
NOW, THEREFORE, in consideration of the Recitals and mutual obligations of the
parties hereto as herein expressed, City and Consultant agree as follows:
SECTION 1 -DEFINITIONS
1-1. "City Manager" shall mean the City of Huntington Beach Manager or his or her
designated representative(s).
1-2. "Artist's Basic Services" shall mean the phases required by the CONSULTANT for
completion which is attached hereto and incorporated herein as Exhibit A.
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1-3. "Project" shall mean the project or projects described in the Scope of Work which
is attached hereto and incorporated herein as Exhibit B.
1-4. "Subcontractor" shall mean any consultant, engineering firm or other person,
regardless of tier, who provides services to the CONSULTANT in connection with this
Agreement.
1-5. "Artwork" shall mean CONSULTANT'S ideas and statements as represented by
his individually authored works.
SECTION 2 - CONSULTANT'S RESPONSIBILITIES
2-1 GENERAL
Under the general supervision of the City Manager or his designated representative,
CONSULTANT shall provide professional services for completion of the PROJECT (attached as
Exhibit A) and a Scope of Services (attached as Exhibit B) as a part of this Agreement, including
but not necessarily limited to, the following:
SECTION 3 - GENERAL CONDITIONS
3-1. The CONSULTANT expressly declares that the services to be provided under this
Agreement shall be performed in accordance with the standards customarily provided by an
experienced and competent professional Public Art Artist rendering the same or similar services in
accordance with CITY specifications.
3-2. Except as CITY may specify in writing, CONSULTANT shall have no authority,
expressed or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONSULTANT shall have no authority, expressed or implied, pursuant to this Agreement, to
bind CITY to any obligation whatsoever.
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3-3. Other firms or individuals not permanent employees of CONSULTANT, employed
by consultant as Subconsultants in connection with this work, shall be approved by CITY.
3-4. CONSULTANT, and any Subconsultants employed by CONSULTANT, shall be
independent contractors and not agents of CITY. Any provisions of this Agreement that may
appear to give CITY the right to direct CONSULTANT as to the details of performing the work
or to exercise a measure of control over the work, means that CONSULTANT shall follow the
direction of the City of Huntington Beach Public Works Department as to end results of the work
only.
3-5. CONSULTANT shall not assign this contract or any moneys due, or to become
due, without the City Manager's prior written consent. Any assignment by CONSULTANT
without City Manager's approval shall be cause for termination of this Agreement at the sole
option of CITY. In no event shall any contractual relationship be created between any third party
and CITY.
3-6. Ownership of Documents. At such time the CONSULTANT has been
compensated for services performed, the latest full scale maquette as herein required shall be the
property of the CITY, including all incidental rights thereto, whether the work for which they
were made has been executed or not. In the event that this Agreement is terminated for any
reason, all documents, plans, specifications, and drawings of the facilities, whether complete or
not, shall become the property of the CITY upon payment of any compensation to which the
CONSULTANT is entitled. The CONSULTANT shall have the right, however, to retain all full
scale sketches for the Tile Mural Wall and to make copies of all said documents, plans, studies,
and computer printouts and specifications. The CITY will indemnify the CONSULTANT for
liability incurred if drawings are used for other than their intended purpose.
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The CONSULTANT shall store and protect any models, maquettes, and full size visual
materials created in support of the PROTECT through the duration of the Agreement. Need for
access will be determined by the Project Art Manager, who will notify CONSULTANT to arrange
access.
3-6.1. Finished Artwork shall become the property of the CITY once it is accepted by the
CITY.
3.7. Copyright. The CONSULTANT shall register the Artwork and place a
copyright notice on or near the Artwork in the form and manner required to protect copyrights of
the Artwork under United States copyright law. If the copyright is registered with the U.S.
Copyright Office, the CONSULTANT shall provide the CITY with a copy of the application for
registration, the registration number and the effective date of registration. Except as provided in
this Agreement, the CONSULTANT retains all copyrights in the Artwork including its
preliminary design and incidental works created for the Artwork.
3-8. Reproductions. The CONSULTANT hereby authorizes the CITY, without
charge to the CITY, an irrevocable, royalty-free, nonexclusive license to make, or cause to be
made, photographs and other two-dimensional reproductions of the Artwork for education, public
relations, tourism, arts promotional purposes without payment of a royalty to the
CONSULTANT. For purposes of this Agreement, the following are among those deemed to be
permissible reproductions for the, above cited purposes (1) brochures and pamphlets pertaining to
the CITY; (2) reproduction in exhibition catalogues, books, slides, photographs, postcards,
posters, and calendars; (3) in art magazines, art books and art news sections of newspapers (4) in
general books and magazines not primarily devoted to art; slides and film strips, and (5)
television. On any and all such reproductions, the CITY shall place a copyright notice in the
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form and manner required to protect the copyright of the Artwork under the United States
Copyright Law and credit the artist. The CITY agrees that, unless the CONSULTANT
requests to the contrary in writing, all formal references to, and reproductions of, the
Artwork shall include the following credit line: an original work owned and
commissioned by the City of Huntington Beach, Community Services Department in any
public showing under the CONSULTANT'S control or reproductions of the work. The
CITY agrees that reproductions of the Artwork shall be made to maintain the integrity
and clarity of CONSULTANT'S ideas and statements as represented by the Artwork.
3-9. Compensation: CONSULTANT'S compensation as defined in Section
1.3 of Exhibit C "Consultant's Compensation", is the maximum compensation payable
under the terms of this Agreement. CONSULTANT shall not provide services beyond
the scope of this Agreement unless those services, including the compensation for those
services have been defined in an approved amendment to this Agreement. No CITY
employee can bind CITY with regard to payment for services which exceed the amount
payable under the terms of the Agreement.
3-9.1. Major Changes. In the event CITY requires a major change in the
scope, complexity or character of the work after preliminary or final plans have
progressed as directed by CITY, adjustments in compensation to CONSULTANT and in the
time for performance of the work, as modified, shall be determined through negotiation between
parties to the Agreement.
3-9.2. Minor Changes. In the event CITY requires minor changes in the scope,
complexity or character of the work, not including the correction of errors made by
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CONSULTANT, after preliminary or final plans have progressed as directed by CITY, these City-
initiated changes shall be considered as additional services as set forth in Section 1.5, of Exhibit
C, "Consultant's Compensation."
3-10. Time Extensions: CONSULTANT shall complete his obligation under this
Agreement within the time specified in Article VI of Exhibit E, "Project Scheduling," unless CITY
grants an extension of time, in writing. Any such extension of time shall only be granted for good
and sufficient cause as determined at the sole discretion of the City of Huntington Beach Public
Works Department.
3-10.1. CITY may, at its option, elect to terminate this Agreement. In the event
CITY elects to terminate, work completed under the terms of this Agreement shall become the
property of the CITY and CITY shall pay CONSULTANT for work performed to the date of
termination but not to exceed payment as specified in Section 1.5, Exhibit C, "Consultant's
Compensation."
3-10.2. CITY'S exercise of its options provided by this paragraph shall be
evidenced by written notice given to CONSULTANT. Acceptance of payment by
CONSULTANT under this paragraph shall discharge all of CITY'S obligations and liabilities
under this Agreement.
3-11. RRrmedies to the City. In the event (a) that CONSULTANT shall default in
the performance or fulfillment of any covenant or condition herein contained on his part to be
performed or fulfilled and shall fail to cure such default within ten (10) days following the service
on him or a written notice from the CITY specifying the default or defaults complained of and the
date on which his rights thereunder will be terminated as hereinafter provided if such default or
defaults is or are not cured, or(b)that CONSULTANT shall file a voluntary petition in
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• •
bankruptcy, or(c) that CONSULTANT shall make a general assignment for the benefit of
creditors then and in either or any said events, CITY may, at its option, without further notice or
demand upon CONSULTANT, immediately cancel and terminate this Agreement and terminate
each; every and all of the rights of CONSULTANT and of any and all persons claiming by or
through CONSULTANT under this Agreement. The rights and remedies of CITY as hereinabove
set forth are cumulative only and shall in no way be deemed to limit any of the other provisions of
this Agreement or otherwise to deny to CITY any right or remedy at law or in equity which CITY
may have or assert against CONSULTANT under any law in effect at the date thereof or which
may hereafter be enacted or become effective, it being the intent hereof that the rights and
remedies of CITY, as hereinabove set forth, shall supplement or be in addition to or in aid of the
provisions of this Agreement and of any right or remedy at law or in equity which CITY may have
against said CONSULTANT.
SECTION 4 - WARRANTY,INDEMNIFICATION AND HOLD HARMLESS
4-1. Any Artwork is the original product of his own creative efforts; and unless
otherwise stated in this Agreement, the Artwork is an edition of one; and the CONSULTANT
shall not sell or duplicate in any scale the Artwork or any portion thereof or allow others to do so
without prior written consent of the CITY. This Paragraph is not intended to prevent
CONSULTANT or CITY from taking or disseminating photographs of the Artwork.
4-2. Except as to CONSULTANT'S obligations regarding the design of the PROJECT
and services relating thereto, and indemnification and hold harmless aspects thereof as set forth in
Section 4-3 below, CONSULTANT agrees to defend, indemnify, protect, and hold CITY and its
agents, officers and employees harmless from and against any and all claims asserted or liability
established for, damages or injuries to any person or property, including injury to
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CONSULTANT'S employees, agents, or officers which arise from or are connected with or
caused or claimed to be caused by the negligent acts or omissions of CONSULTANT, and its
agents, officers, or employees, in performing the work or services herein, and all expenses of
investigating and defending against same; provided, however, that CONSULTANT'S duty to
indemnify and hold harmless shall not include any claims or liability arising from the established
sole negligence or willful misconduct of the CITY, its agents, officers, or employees.
4-3. With regard to CONSULTANT'S services related to the Project, CONSULTANT
agrees to indemnify and hold harmless the CITY, its officers, agents and employees from and
against all claims, cost, suits and damages, including Attorney's fees, arising from the negligent
acts, errors or omissions of the CONSULTANT associated with the Project.
SECTION 5 - SUBCONSULTANTS
Subconsultants employed by the CONSULTANT for the Project with an estimated cost of
the subcontract of$10,000 or one-half of one percent of the total contract amount, whichever is
less, shall be listed on the Subconsultants List (attached as Exhibit D) as a part of this Agreement.
The CONSULTANT shall be responsible to the CITY for the actions of persons and firms
performing subcontract work. The CONSULTANT and any Subconsultants employed by the
CONSULTANT shall be independent contractors and not agents of the CITY hereunder.
A copy of all subcontracts with an estimated cost greater than $10,000 shall be submitted
to the City of Huntington Beach or authorized representative for approval. The CONSULTANT
shall not change any Subconsultants or suppliers, or reduce their level of effort, without prior
written approval of the City of Huntington Beach or authorized representative.
5-1. Required Subcontract Clauses. The CONSULTANT shall include the
following in all its subcontracts:
jmFAJ9ch00nho/4128i97
5-1.1. Payment Provisions. Payment provisions which obligate the CONSULTANT to
pay Subconsultants for approved invoice amounts shall extend payment to them not later than
30 working days from receipt of payment from the CITY and out of such amounts as are paid to
the CONSULTANT under' this Agreement.
5-2. Interest penalty provisions obligating the CONSULTANT to pay to its
Subcontractor an interest penalty of two percent (2%) of the amount due each Subcontractor for
each calendar month or portion of each calendar month for each payment not made in accordance
with subparagraph a. above for the period beginning 30 days after receipt of payment from the
CITY and ending on the date on which payment of the amount due is made. The
CONSULTANT'S obligation to pay an interest penalty to a Subcontractor under this clause shall
not be construed as an obligation of the CITY to pay such a penalty.
The conditions above shall not be construed to impair the right of the CONSULTANT or
its Subconsultants at any tier to negotiate fair and reasonable pricing and payment provisions.
In cases of Subcontractor performance deficiencies, the CONSULTANT shall make written
notice of any withholding to the Subcontractor with a copy to the Public Works specifying the
following;
a. the amount withheld;
b. specific cause for the withholding under the terms of the subcontract.
C. reasons why the cause for withholding justifies the amount withheld; and
d. the remedial actions to be undertaken by the Subcontractor in order to receive
payment of the amount withheld.
Upon correction of the deficiency, the CONSULTANT shall pay the Subcontractor the
amount previously withheld within 30 days after payment by the CITY.
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In a dispute between the CONSULTANT and one of its Subconsultants, CITY will not be
interpleaded in any judicial or administrative proceeding, nor will the CITY be a party in the .
dispute.
SECTION 6 - DISPUTES
In the event that CONSULTANT considers any work demanded of him to be outside the
requirements of the contract, or if he considers any order, instruction, or decision of the CITY to
be unfair, he shall immediately upon receipt of such order, instruction or decision, ask for a
written confirmation of the same whereupon he shall proceed without delay to perform the work
or to conform to the order, instruction, or decision; but unless the CONSULTANT finds such
order, instruction or decision satisfactory, he shall within 20 days after receipt of same, file a
written protest with the CITY stating clearly and in detail his objections and reasons therefor.
Except for such protests or objections as are made of record in the manner specified and within
the time stated herein, and except for such instances where the basis of a protest could not
reasonably have been foreseen by the CONSULTANT within the time limit specified for protest,
the CONSULTANT hereby waives all grounds for protests or objections to the orders,
instructions, or decisions of the CITY and hereby agrees that, as to all matters not included in
such protests, the orders, instructions, or decisions of the CITY will be limited to matters properly
failing within the CITY'S authority.
SECTION 7 - REMOVAL OR ALTERATION OF ARTWORK
7-1. The CITY shall not intentionally remove or alter the completed Artwork of the
CONSULTANT unless-.
7-1.1. CITY notifies the CONSULTANT in writing of the proposed removal or alteration.
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7-1.2. CITY obtains CONSULTANT'S prior Written approval to the proposed
damage, alteration, modification, change, or removal.
7-2. If the CONSULTANT does not provide written approval within thirty (30)
working days of the date the notice was sent, the CITY shall have the right to damage, alter,
modify, change or remove the Artwork providing the following terms and conditions are met:
7-2.1. CITY shall first submit a proposal to damage, alter, modify, change or
relocate the Artwork to the Art in Public Places Committee (the "Committee") of the CITY'S
Cultural Services Division which in turn shall submit their recommendation to the City Council.
7-2.2. After having received the Committee's recommendation, the City Council
shall decide whether to damage, alter, modify, change or remove the Artwork.
7-2.3. In the event that the CITY decides to damage alter, modify, change, or
remove the Artwork to the extent the Artwork can be practically removed, the CONSULTANT
shall have the first right of refusal to purchase all or part of the Artwork at the fair market value
as determined by a qualified professional appraiser selected by the CITY and CONSULTANT for
which the cost shall be shared by the CITY and the CONSULTANT. the CONSULTANT shall
have the right to have his name removed from the Artwork as alternative remedy, or other
remedies shall be negotiated with the CITY at the time.
7-2.4. In the event of an unanticipated disaster whereby the Artwork becomes
substantially damaged or poses a hazard to lives and property, the Artwork may be removed from
the site by the CITY without first appearing before the committee and without first obtaining the
CONSULTANT'S permission.
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SECTION 8 - CARE OF ARTWORK AFTER COMPLETION AND INSTALLATION
8-1. For the lifetime of the Artwork, the CITY shall maintain and repair the Artwork
and shall have the right to determine if and when repairs or restorations to the Artwork are
necessary. The specific lifetime shall be determined by mutual agreement of CITY and
CONSULTANT. For purposes of this Agreement, lifetime shall not be less than ten (10) years.
For the lifetime of the Artwork, the CONSULTANT shall have the right to approve all
major repairs and restorations, provided, however, that the CONSULTANT shall not
unreasonably withhold approval for any repair or restoration of the Artwork. If the
CONSULTANT unreasonably fails to approve any repair or restoration, the CITY shall have the
right to make or cause to be made major repairs and restorations. During the five (5) years
following execution of this Agreement by the CITY, the CONSULTANT shall be given the
opportunity to make or personally supervise major repairs and restorations for a fee to be
negotiated at the time. For the purposes of this Paragraph, "major repair" means any restoration
of the Artwork to sound conditions that requires specialized professional services. All repairs and
restorations shall be made in accordance with recognized principles of conservation and
maintenance specifications as provided in Documentation of Artwork.
8-2. All parties acknowledge that the Artwork may be subject to graffiti applied by
unknown parties. The CITY reserves the right to determine which measures, if any, will be taken
to remove the graffiti.
SECTION 9 - INSURANCE
9-1. General Liability Insurance. In addition to CONSULTANT's covenant to
indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public
liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall
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indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of
their duties, against any and all claims of arising out of or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily injury
and property damage, including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said
policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the PROJECT shall be
deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no
circumstances shall said abovementioned insurance contain a self-insured retention, or a
"deductible" or any other similar form of limitation on the required coverage.
9-2. CONSULTANT shall require each subcontractor for the PROJECT to procure
and maintain general liability and workers compensation insurance coverage for the duration of
the construction. The CONSULTANT and CITY shall be named in the general liability insurance
policy.of the subcontractor(s) as additional insureds.
SECTION 10 - CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
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:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
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3. shall promise to provide that such policies will not be canceled or modified without
thirty(30) days prior written notice of CITY; and
4. shall state as follows: "The ahove detailed coverage is not subject to any
deductible or self-insured retention, or any other form of similar type
limitation."
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.
A separate copy of the additional insured endorsement to each of CONSULTANT's and
subcontractors' insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
SECTION 11 - 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.
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SECTION 12 - 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.
SECTION 13 - ENTIRETY
The foregoing, and Exhibits "A" through"E" 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.
CONSULTANT: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
TERRY SCHOONHOVEN
Mayor
REVIE APPROVED:
ATTEST:
a2&=4n=06
City Administrator
City Clerk
APPROVED AS TO FORM/:=
City Attorney '• 11
I IT A PROVED:
Dir�i/AdWo�&nunity Services
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EXHIIBIT A
Basic Services
Section 1 - Consultant's Basic Services
Consultant has been selected to design, fabricate, deliver and install a full-scale work of art at the
location named in Exhibit "B" attached hereto and made a part of this Agreement (the PROJECT)
and Consultant is willing to provide such services and such Work, as more fully described in
Exhibit B, under the Agreement as may be required by the City.
The City desires to contract with the Consultant for the fabrication, delivery and installation of the
Work on such terms and conditions as hereinafter follows:
1. The Consultant shall prepare drawings, plans, specifications and cost estimates according
to directions and standards of the city. Consultant shall commence fabrication of the
Work only upon receipt of approval in writing of the design, construction document, and
cost estimates by the City of Huntington Beach or authorized representative.
2. It is understood and agreed that the City's authorized contracting officer shall be the City
of Huntington Beach or an authorized representative and that officer shall be the sole
contact for administering this Agreement. The Consultant may discuss the Work or its
requirements with various departments of the City, but all specific direction or requests of
the Consultant must be authorized by City of Huntington Beach or authorized
representative.
3. The Consultant shall finish each phase of the Work in accordance with the schedule set
forth in Exhibit B, Section 1.3 attached hereto and made a part of this Agreement.
Consultant will make progress reports to the City of Huntington Beach or its authorized
representative with access to the Work during reasonable business hours to review the
work and progress in completing the Work.
4. The Consultant is responsible for an installation plan detailing delivery, storage and all
services and expenses associated with the fabrication, and installation of the Work
(including all necessary supplies, materials, and equipment). The installation plan shall
include a description of any activities requiring coordination with the city.
5. The Consultant shall design, fabricate and install the Work so as to conform to the
requirements of all City of Huntington Beach and State of California laws, ordinances,
codes, regulations and requirements.
6. If requested, the Consultant shall assist in filing any document required to secure approval
of all governmental authorities having jurisdiction.
1-A
jmplcischoonho.W2$197
7. All risk of destruction, or damage to, the Work or any part thereof from any cause
whatsoever shall be borne by the Consultant until delivery, installation and written
acceptance by the City. The Consultant, at his/her expense shall repair, repair, restore and
make good all such damage to any portion of the Work.
Section-2 -Reswasibility of the Cit
The City shall provide the Consultant, at no cost to the Consultant, the following information or
services for this Project:
1. One copy of the data pertinent to the Work, or any additional data which is requested by
the Consultant to perform his Work.
2. All available data and information relative to policies, standards, criteria, studies, etc.
3. Notification of meeting dates and other construction schedules relating to the Consultant's
Work at least two weeks prior to such events.
4. Examination of materials and information submitted by the Consultant and render
decisions pertaining theretofore promptly, to avoid unreasonable delay in the progress of
the Consultant's Work. The City shall keep the Consultant advised concerning the
progress of City's review of the Work. Response to the Consultant's written request to the
City for decisions shall be made as soon as possible.
2-A
jmp,VJ&choonho/4128l47
1.
EXHIBIT B
Scope of Work
1. The Consultant shall conform with the special provisions and measures for the special
architectural/artistic features and treatments on the Pier Plaza Tile Mural wall, herewith
"called the "PROJECT," through the duration of the construction phase of the project, as
outlined in the construction drawing 34, C. C. 1029 prepared by Purkiss Rose- rsi.
2. The Consultant shall work directly with the City of Huntington Beach, Department of
Public Works and shall make all recommendations relating to the execution and progress
of the PROJECT in writing.
3. The Consultant's professional services shall address and include the following:
a. Review the contractor's shop drawings for accuracy in translating the construction
specifications for the special architectural/artistic features and treatments and shall
coordinate comments through Purkiss Rose rsi. CONSULTANT shall return the
shop drawing review comments in writing to Purkiss Rose-rsi within ten working
days of receipt of their transmittal.
b. CONSULTANT shall execute a full scale ceramic the wall, hand glazed and fired,
faithful to model submitted to and accepted by the City of Huntington Beach to be
installed as directed in the construction drawings submitted by Purkiss Rose-rsi.
Mural will be comprise 286 hand glazed ceramic tiles, each measuring 12" x 12".
C. CONSULTANT will hire and oversee a professional tile setter to affix tiles to
designated wall in proper sequence and grout all mural joins with weather proof
grout.
d. CONSULTANT will complete all task necessary to produce the finished tiles,
including design, drawing, glazing, firing and sequencing, as well as delivery of the
286 finished tiles to the site when the site is prepared.
e. Be available to attend special meetings and construction site visits regarding the
project as authorized by City of Huntington Beach or authorized representative
from the signing of this contract until the completion of the project, providing it is
within the term of this contract. The Consultant understands that the project
schedule is subject to change due to adjustments by the City.
f. Provide construction installation and management services to Subconsultants on
the project, as listed in Exhibit E "Subconsultants List" reviewing and monitoring
their fabrication and installation progress, schedules, payment and insurance
requirements as stated in Consultant's signed Agreement.
g. Construction administration and management services covered under this
agreement are scheduled to be completed 180 working days from signing of this
agreement. Consultant shall complete his obligation under this Agreement within
the Schedule as set forth in the approved design specifications, provided that such
time limits may be extended or otherwise modified by written agreement between
the Consultant and the City.
jmpWschoonho/517197
EXHIBIT C
Consultant's Compensation
1. The Consultant shall receive, from the City, payment for the timely completion of phases
associated with the acquiring of materials, completion and submission of installation plans,
completion of delivery and installation of Work and submission of documentation.
2. The Consultant will be responsible for all mailing or shipping charges or the submission of
any reports, schedules or materials pursuant to this agreement, the costs of transporting
the Work or materials to the site and the costs of all subcontractors necessary for the
proper performance of the services required, under this agreement.
3. The Consultant will receive, from the City payment for the Pier Plaza tile mural wall, for
all services, an amount not to exceed: Forty Thousand dollars ($40,000).
4. Payments shall be made to the Consultant as follows:
a. Thirty percent ($12,000) mobilization costs submitted to the City and related to
purchase of construction material, to be paid upon ordering of materials and
receipt of a written progress report detailing work to date.
b. Thirty percent ($12,000) for purchasing of materials, submission of an installation
plan, and mid-way through fabrication, upon receipt of a written progress report
detailing work to date.
C. Thirty percent ($12,000.00) upon completion of 75% of construction, upon receipt
of a written progress report detailing work to date.
d. Ten percent ($4,000.00) upon completion of installation, City acceptance, and
submission of documentation and information.
5. Additional services, as reflected in 3-9.2 Minor Changes, will be charged at the rate of
$65.00 an hour by the Consultant.
6. The Consultant shall submit periodic invoices with original expense reports. The City will
make payment to the Consultant within 30 days of receipt and approval.
7. Records of the Consultant's expenses pertaining to this project and records of accounts
between the City and the Consultant shall be kept on a generally recognized accounting
basis and shall be available to the City or its authorized representative.
8. The Consultant shall be responsible for all Federal and State income taxes on the amount
of this Agreement, as well as any state sales tax which might be required.
jmpl/schoonho:14 281:97 /
r
EXHIBIT D
Subconsultant's List for Terry Schoonhoven
Proposed collaborators, makers, fabricators, etc. and the work which they will perform (include
name, address, and phone number. These are Subconsultants with estimated cost of subcontract
of$10;000 or one-half of one percent of the total contract amount.
Installer- South Bay Stone
1538 W. 135th Street
Gardena, CA 90249
(310) 323-9096
Note-Each subcontractor will procure and maintain General Liability and Workers Compensation
insurance coverage for the duration of the construction.
jmpWzchoonho14128l97
EXHIBIT E
Project Scheduling
Between the City of Huntington Beach & Consultant Terry Schoonhoven
All contractural obligations regarding the Work shall be completed no later than 180 days after
the start date of this Agreement, unless otherwise specifically provided. Timely completion of
each phase is an essential element of this Agreement.
Schedule for Completion
1. Mobilization Costs: Submitted to City to allocate funds for first payment: May, 1997.
This date relates to purchase of construction materials and must be paid upon ordering of
materials.
2. Acquiring materials, submission of installation plan and beginning fabrication: To be
completed no later than 30 working days from start date.
3. Completion of 75% fabrication: To be completed no later than 150 working days from
start date.
4. Completion of delivery and installation of Work and submission of documentation and
press information- To be completed no later than 180 working days from start date.
lmprklschoonhol4/28/97
X&�6 7-
CORD, $ CERTIFIGA QF LIABILITY INSUR RATE(MMlDDlYY}
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION }
.,', ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MEW, VAN KUIK AND WALKER f /19-1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1;Y� WILSHIRE BLVD., 500 //��yy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LOS A NGELES, CA. , gQQ 17 !O�/Q •`0 COMPANIES AFFORDING COVERAGE
I COMPANY
—41 /q7 A FIRST FINANCIAL INSURANCE CO.
INSURED I COMPANY
B
TERRY SCHDONHAVEN
COMPANY
554 N. LUCERNE BLVD. C
LOS ANGELES, CA. 90017 COMPANY
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COVERAGES k#"{ f$ a# ,as # gt a, #s a ssa syf s a; #`a # a s a4' s
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS
LTR I DATE(MWOONY) DATE(MMlDDlYY) I
GENERAL LIABILITY I GENERAL AGGREGATE 5
A X -COMMERCIAL GENERAL LIABILITY # (PRODUCTS-COMPiOPAGG IS Ex_C_LUDED
�Ti !CLAIMS MADE -x—OCCUR Gc(11994 2_22_97 2_22_g8 i PERSONAL&ADV INJJRY S 1_'_QQQ-j_QQQ_
I—OWNER'S&CONTRACTOR'S PROT 1 I_ I EACH OCCURRENCE I S 1_,_OQO.,.QOD—
i PIRE DAMAGE(Any ace fire) :S 50-,.00
MED EXP(Any one person I S
I AUTOMOBILE LIABILITY 1
ANY AUTO 'COMBINED SINGLE LIVIT I S
I�ALL OWNED AUTOS I
I BODILY INJURY 15
_SCHEDULED AUTOS (Per person)
HIRED AUTOS I j i
BODILY INJURY NON-OWNED AUTOS I ;Pa•acc dent) $
H. TO r V 14i� )PROPERTY DAMAGE i$
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GARAGE LIABILITY PONT=1- � '' _ Y I - AUTO ONLY-EA ACCIDENT 3
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDEN— 8 `M1
I' AGGREGATE S
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�E'XXCIESS LIABILITY I I EACH OCCURRENCE I S
,I 11UMBRELLAFORM I .AGGREGATE .S
1 I OTHER THAN UMBRELLA FORM I I I I Is
r I i WC STATU- O H I E
WORKERS COMPENSATION AND I Cftr";r'`I` A l I��'" J-TORY_LIMIT5 ER
EMPLOYERS'LIABILITY j , i I" JD �C ,1 EL EACH ACCIDENT S M1
1 ADD1. INSU,7�D
THE PROPRIETOR: r--INCL EL OISEASE-POLICY LIMIT `S
PARTNERSrEXECUTIVE —
OFFICERS ARE: i ,EXCL• EL DISEASE-EA EMPLOYEE I S
'OTHER I I
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i
DESCRIPTION OF OPERATIONS/LOCATIONSNPHICLESISPECIAL ITEMS
ART WORK - ALL OPERATIONS - STATE OF CALIFORNIA
ADDITIONAL INSURED FOR THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES
CERTIFICATE HOLDER# $ x,k* -r .zs, CANCELLATION t - # # #
.--.... ........ ........... .....; ...,.:...,.k .,x..-..-Rt. ... x...,xk�:.� .{..k.A.<,.. .#--. ., ,v 2>.,. ...,..,.f-. ,,.,..,. .i.i.z.. .--..#...,. .-,-.# .r.. w; r_r•iv_.}rt
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AKXX0)4XYA MAIL
C I TY OF HUNT I NGTON BEACH --%L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
JENN I FER VC GRATH, DEPUTY CITY ATTORNEY M XFX,"9)16A AIX"X)h6*6kMXXXk*)I XAV OX10#)0)4 OAXp4P}pM
2000 MAIN ST. &K""x Max Xomx go&x omm w
HUNTINGTON BEACH, CA,, 92648 AUTH 12EDREPRESENTAT
:ACDRD 25 5(1]95) € 'COfiPORATION
t- ;€5:># }k<.. #�, . < x, , <-r >as,v tn..,-..- . AGDRD 1988€
• eha '-K.'tt' /Zt�
ADDITIONAL INSURED -
OWNERS, LESSEES OR /
97
CONTRACTORS (FORM B � /�`
POLICY # F 015 G 411994 .TERRY SCHOONHOVEN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY .COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES
(if no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS
WRITTEN.
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 (Ed. 11 85) Printed in U.S.A.
1997 MAY 12 All' 10: 34
RECEi ED
CITY ATTORNEY
HUNTtHGTON BEACH
City of Huntington Beaen * -`
Y
2000 Main Street California 92648
�4D• /4
DECLARATION of NON-EMPLOYER STATUS
In order to r:ompiy with City Council Resolution Nn.6277, you are required to provide proof of
Workers' Compensation insurance. If ynu have no employees,this forin must be signed and returned
to:
City of I luntington Beach
Risk Management Division
2000 Main Street
Huntingtnn Beach, CA 92648
I certify that in the performance of the activity or work fnr which this permit is iSsuej, l shall not employ
airy person in any manner so as to becnma subJect to California Workers' Compensation insurance
requirement,.
1 authorize the City of Huntingtun Beach to immediately and retroactively revoke the license or permit
issued under this declaration if I hire any employee(&) or becoma subject to the provlslun5 of the laws
requiri(%Workers'Compensation Insurance.
Applicant/Comrany Name; E~Q f2 �Gt-EDp/�t)l t � A/ - -_
Address: S LUCE]a 7V e �I-V �
Applicant's Signature: AA 51 q 7 _
Title.. A+L-'Ti ST
Location Signed: 1�751-F �Q , L--y GE!2 YJ 9 3 L_ V 1-:>•
Telephonc Number: _Ca 1_'5 14(0 3-3 S1S'
G:1RiskMgmtlCert-fns%WCWvr.Doc {Rev. 2111/971