The URL can be used to link to this page

Home My WebLink AboutRatify C29310 Contract Amendment 2 Artwork for the Palm Desert Aquatic Center1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RATIFY PROFESSIONAL SERVICES AMENDMENT NO. 2 WITH ARTIST PAUL HOBSON TO CREATE ARTWORK FOR THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C29310). SUBMITTED BY: Deborah L. Schwartz, Public Art Coordinator DATE: June 23, 2011 CONTENTS: Contract Amendment No. 2 Portion of Contract between Artist Paul Hobson and T.B. Penick and Sons, Inc. Recommendation By Minute Motion, ratify Professional Services Amendment No. 2 with artist Paul Hobson to create artwork for the Palm Desert Aquatic Center (Contract No. C29310). Background On February 11, 2010 the City Council approved artist Paul Hobson's artwork design as the public art component for the Palm Desert Aquatic Center. Subsequently, the artist was contracted to create the artwork for a budget of $45,800. Due to delays in the construction schedule, instead of installing the artwork all at one time, the artist has to install it at two separate times, resulting in a premium charge from his sub -contractor T.B. Penick and Sons, Inc. in the amount of $1,500. Since the delay is a result of causes beyond the control of the artist, the City is responsible for the premium. The City Manager has approved the subject amendment; this ratification is put forth as is required by Title 3 of the Palm Desert Municipal Code. Staff Report Ratify professional services amendment #2 for Aquatic Center artist June 23, 2011 Page 2 of 2 Fiscal Analysis Funds in the amount of $1,500 are available in Account Number 436-4650-454-4001. No General fund money will be expended. Submitted by: Deborah L. Schwartz, Public Art Coordinator aul Gibson, Director of Finance Approval: . Wohlmuth, City Manager Department Head: Lauri Aylaian Director of Community Development CITY COUNCIL ACTION APPROVED 1)EN! 11) RECEIVED 0111111R. MEETING DATE AYES: ArL)onen, (,6 be, - NOES: ti`,Zlli ---.-- ABSENT: N 'O ABSTAIN: N_— VERIFIED BY.- ,-, Original on File with City CleWs Office AL1111A) 1 1 Contract Purpose Artwork for the Palm Desert Aquatic Center Consultant's Name Paul Hobson Address: 2861 Ivy Street, San Diego, CA 92104 Contract # / P.O. # Amendment/ Change Order No. Contingency: Account No. Project No. Vendor No. C29310 016637 2 YES I NO x 43646504544001 11820 You are herebv requested to comniv with the followinn channac from the t,nntrne t mane and encrifinnfinne- DESCRIPTION OF CHANGES DECREASE In Contract Price INCREASE In Contract Price -�vr add%}ional `mope-;n" dve4I� dn.la� 1�n �qQ�L �Dvr�.( COrlj�vvC�Or . TOTALS: NET CHANGE IN CONTRACT PRICE: Ityou -Oo - A Svo • oo - 'oo . oo - JUSTIFICATION: The scope and schedule for the installation of the artwork has changed since the initial contract. The artist budgeted to install the artwork at the site all at once, but due to the cure time on the concrete deck on which the artwork will be installed, the artist will have to install the piece at two separate times. To do the installation over two different time periods, the artist's subcontractor requires a fee of $1,500. Since the delays are due to changes in the City's construction schedule, not the artist's schedule, the City is responsible for the additional fee. %`Trcl��es �I�ar�jQ order aw.ou..F TOTAL BUDGET FOR PROJECT: + 4 1, 3on Less: Expend. & Encumb. To Date: - 3. , ovo Less: This Change Order Amount: - BALANCE OF BUDGET REMAINING FOR PROJECT: - CONTINGENCY: 10, Amount Approved by Council: + Less: Prior Amendment(s): - Less: This Amendment: - Balance Remaining of Contingency: - The amount of the Contract will be (Decreased) Increased by the Sum of: Dollars ($ ). W:\AIPP\City Prof Svc Amendment.doc Continued on reverse ... Contract C29310 Amendment No. 2 Continued from front This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension h) IL Days. Revised Contract Total $47,300 The undersigned Consultant approves the foregoing Professional Service Amendment # 2 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Professional Service Amendment # 2 . The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Professional Service Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purcha"relution. 1. REQUESTED BY: 2. ACCEPTED BY:"& ---- DEPARTMENT HEAD NSULTANT Date cepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR CITY MANAGER Date Approved NOTE: No payments will be made prior s. RATIFIED B to City Manager approval MAYOR Date Approved W:WIPP\City Prof Svc Amendment.doc Continued on reverse �F,-orr. ,.��vi i'o.. cL"rl his s jli— -7•3. �er�ck and Sc•••r��,.c . T.B. Penick & Sons, Inc. Hobson Pool Deck Graphics August 25, 2010 Page 2 ot'2 Terms & Conditions: 1. BID DAY ISSUES: This proposal is valid for 60 days. T.B. Penick & Sons, Inc. is a non -union, non - MBE Company; Bond fee rate of 1.5% is not included in this price, prevailing wage rates included; Waivers of Subrogation, Broad Fonn and 'Type I Indemnification at a rate of I % is not included in this price. 2. CONTRACT ISSUES: If a contract between the General Contractorand TBP has not been fully executed prior to the start of any work, then this proposal in its entirely shall become the Agreement and only .Agreement between the General Contractor and TBP. Builder's Risk insurance to be provided by contractor or owner. Work performed on a Time & Material basis will be issued a change order within 30 days of T.D. Penick invoice. T.B. Penick may elect not to perform any work outside of TBP's scope described herein 3. PAYMENT ,rim IS: T.B. Penick & Sons will submit an invoice upon completion. Payment is due upon receipt of invoice. All sums not paid aver 45 days when due, shall bear interest at the rate of 1 1/2% interest per month or the maximum legal rate permitted by law, whichever is less. T.B. Penick & Sons, Inc. shall be entitled to all costs relating to unpaid sums including collection costs and attorneys' fees 4. MOVE -INS: One move in to complete all work. Additional move -in will be charged at $1,500 each. 5. WARRANTY: A one (1) year warranty will be issued upon completion of the T.Q. Penick & Sons' work. Cracks are inherent in all concrete products, T.B. Penick & Sons does not warrantee against cracks. Bid Inclusions: I. Furnish blast mat, design and graphic tiles furnish by others 2. Protection of"adjacent areas 3. Sandblasting, staining, and sealing graphics Bid Exclusions: 1. All concrete flatwork. 2. Water 3. Electricity Standard Exclusions (typically covered by other trades): I. ENGINEERING: engineering, staking; testing, inspection 2. GENERAL CONTRACTOR: traffic control (signs, barricades, permits, traffic control plan) 3. OWNER RELATED: permits, fees, bond fee, waiver of subrogation INNOVATIVE CONCRETE SYSTEMS • LITHOCRETE • STF POROUS PAVING • BOMANITE • NTMA TERRAZZO