REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Chris Slama, Director of Community & Library Services
PREPARED BY: Ashley Wysocki, Deputy Director of Community & Library Services
Subject:
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Approve and authorize Amendment No. 1 to the Professional Services Contract with RDG Planning & Design Art Studio for the Design, Fabrication and Installation of the Public Art Work to include a phased acceptance of liability, to increase the contract compensation by $35,000, and to appropriate $35,000 from the Public Arts in Parks Fund 236
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Statement of Issue:
There is a need to amend the City Council approved Professional Services Contact with RDG Planning & Design Art Studio (RDG) for the Design, Fabrication and Installation of a Public Art Work for Central Park to approve a phased acceptance of liability of the structures during the installation process of the “To See Yourself in Nature” public art piece, to increase the contract compensation by a not-to-exceed amount of $35,000, and to appropriate $35,000 of restricted funds from the Public Art in Parks Fund 236.
Financial Impact:
Funding in the amount of $35,000 is available in the Public Art in Parks Fund 236 fund.
Recommended Action:
recommendation
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Central Park” to approve a phased acceptance of liability of the structures during the installation process and to increase the contract compensation by a not-to-exceed amount of $35,000; and,
B) Authorize the appropriation of $35,000 from the Public Art in Parks Fund 236 to account 23645001.82900.
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Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly. If not approved, there will be further delays in the completion of the project while staff continue to seek solutions to ensure Americans with Disabilities Act compliance.
Analysis:
In the fall of 2019, staff conducted an online survey to garner community feedback regarding public art in Huntington Beach. The survey results showed a significant amount of feedback expressing the desire for public art in parks, and specifically, in Huntington Central Park.
At the September 21, 2020 City Council meeting, Council authorized Mayor Lyn Semeta to appoint an ad-hoc committee to assist in the procurement of an artist to develop and install an iconic public art piece in Huntington Central Park. The Huntington Central Public Art Committee (Committee) was established to help develop a scope of services for a Request for Proposals (RFP), review the proposals, and recommend to the City Council the final artist selection. The Committee was subsequently formed, comprised of two City Council members, three community members, and two staff.
During the RFP submission period, eleven artists responded. The proposals were reviewed by the Committee, and the top five ranking artists were invited to participate in interviews. After interviewing all five top candidates, the Committee unanimously agreed to recommend RDG Planning & Design Art Studio (RDG) as the most qualified artist to commission the artwork for the public art project in Huntington Central Park.
At the December 7, 2020 City Council meeting, City Council unanimously approved a Professional Services Contract between the City of Huntington Beach and RDG for the Design, Fabrication and Installation of a Public Art Work for Central Park, and authorized the appropriation of $300,000 from the Public Art in Parks Fund 236. As described in the RFP, the iconic public artwork will be original, community and artist generated, and will have to harmonize with and respect the integrity of the unique architecture of the Central Library and natural aesthetic of Huntington Central Park.
At the July 6, 2021 City Council meeting, City Council unanimously approved the site location and design of the artwork, as recommended by the Design Review Board on June 10, 2021. The approved artwork, titled “To See Yourself in Nature,” is comprised of two 13-foot tall pillars situated in a serpentine configuration. A rendering of the art is included in the PowerPoint included as Attachment 3.
The original design that was approved included a base of decomposed granite (DG) which was part of the project original cost. However, after further review, staff determined that the base surface could not be constructed with DG, and should instead be asphalt. Because of this subsequent determination, the City asked RDG to redesign the base. As a result of the change in scope, RDG estimates additional costs of $29,246 for the new design, fabrication and installation of protective metal framing around the base of the art. The City will be responsible for the application of the asphalt surface once the metal framing is installed. Staff is recommending a not-to-exceed amount of $35,000 total to cover any potential contingency costs.
Because the original agreement approved by City Council authorized a not-to-exceed amount of $300,000, staff is requesting approval of an amendment to the original agreement in order to complete the project. Funding in the amount of $35,000 is available in the Public Art in Parks Fund 236. This fund is comprised of 2% of residential park development fees collected from new development and is specifically restricted for the development of public art projects in parks. This restriction was included as part of the adoption of Ordinance No. 3946 in July 2012 and is included in HBMC 17.76.090.A.2 stating, “Two percent of fee collected shall be used to fund public art in City parks.”
Upon approval of this amendment, RDG will begin to fabricate the metal frames necessary to encase the base of the pillars prior to installation of asphalt surfacing. While there have been some delays throughout the project due to COVID-19 related challenges, the fabrication of the two pillars is complete, as well as associated infrastructure for utilities.
The contract amendment includes that the City will accept liability for any damage to the pillars as soon as installed. Any responsibility for damage caused to the pillars (including any damage caused by the installation of the asphalt base) between the time the pillars are installed and final acceptance of the project is with the City. Staff estimates the completion of installation to be in the spring of 2023.
Environmental Status:
The art piece is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA guidelines because there is no potential for the art piece to have a significant effect on the environment.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1) Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Huntington Central Park
2) Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Huntington Central Park
3) Huntington Central Park Public Art Contract Amendment PowerPoint