City of Culver City, California
Agenda Item Report
Meeting Date: _12/07/09_ Item Number: C-2
CITY COUNCIL AGENDA ITEM: Release of a Request for Qualifications for
Decorative Gate Design, Engineering, Fabrication, and Installation Services for the
Ballona Creek Bikeway Project Adjacent to Overland Avenue.
Contact Person/Dept.: Helen
Kerstein/PW
Phone Number: (310) 253-5618
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Agenda and Meetings – City Council (12/02/09); (Email) Parks,
Recreation, and Community Services Commission (12/02/09); (Email) Capital
Improvement Projects (12/02/09); (Email) Parks, Recreation & Community Services
Department Updates (12/02/09); (Email) Santa Monica Mountains Conservancy
(11/25/09); (Email) Los Angeles County Department of Public Works (11/25/09); (Email)
County of Los Angeles Public Library (11/25/09); (Email) Culver City Unified School
District (11/25/09); (Email) Mountains Recreation and Conservation Authority (11/25/09);
(Email) Santa Monica Bay Restoration Commission (11/25/09); (Email) Ballona Creek
Renaissance (11/25/09)
Department Approval:
Charles D. Herbertson (11/24/2009)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/30/09)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball) (11/30/2009)
City Manager Approval:
Mark Scott (12/02/09)
RECOMMENDATION:
Staff recommends that the City Council authorize the release of the attached Call to
Artists, Request for Qualifications (RFQ) for design, engineering, fabrication and
installation of a decorative gate for the Ballona Creek Bikeway Project, P-900
(Bikeway Project) adjacent to Overland Avenue.
BACKGROUND:
The Bikeway Project involves improving portions of the Ballona Creek Bikeway
between Overland Avenue and the Pedestrian bridge located approximately 1000
feet west of Overland Avenue in order to restore natural habitat, enhance the Creek
and bike path environment, and create educational opportunities.
The Bikeway Project was originally included as a part of the 2003/2004 Ballona
Creek Pedestrian Bridge Replacement project, but was dropped because other
elements of the Bridge Replacement proved to be more expensive than originally
anticipated. Staff continued to seek funding for the Bikeway Project and, in 2007,
received a Proposition 50 grant of $60,000 for design and planning. In fall 2007, the
design for the Bikeway Project was completed. One important component of this City of Culver City, California
Agenda Item Report
design is an enhanced entry gate at the service roadway entrance to the Creek
located off of Overland Avenue and adjacent to the Julian Dixon County Library.
Since the completion of the plans in 2007, construction of the Bikeway Project,
including the decorative gate, has been delayed because of limited financial
resources. In early 2009, President Obama signed the American Recovery and
Reinvestment Act (ARRA), which included funding for “shovel-ready” infrastructure
projects. Through ARRA, the City applied for and was granted $476,174 in funding
for the Bikeway Project, making it possible to proceed with construction of the
project. However, prior to construction, additional design work was required to
address County of Los Angeles plan check requirements. On November 16, 2009,
the City Council approved a contract amendment adding $18,000 to the landscape
architect’s contract in order to cover this additional work.
DISCUSSION:
The decorative entry gate located off of Overland Avenue is a key piece of the
Bikeway Project. It will provide a functional and aesthetically-pleasing entrance to
the bikeway that will enhance the experience there for residents and visitors alike.
Decorative gates similar to the one proposed currently exist along both the LA River
and along other parts of the Ballona Creek Bikeway at Centinela Avenue,
Sepulveda Boulevard, Inglewood Boulevard, and McConnell Avenue entrances to
the Creek. The decorative gate proposed for the entrance to the Creek located off of
Overland Avenue is intended to reflect the identity of Culver City, while still
maintaining a style consistent with the existing gates. This should ensure that the
gate is unique but still contributes to a sense of continuity along the Creek.
The attached Call to Artists (RFQ) envisions using a two-stage selection process for
identifying and selecting the artist to design and fabricate the proposed gate.
Pending City Council approval, the first step will be to reach out to Southern
California-based artists via a combination of mailing lists, list-serves and web
postings requesting statements of qualification, including letters of introduction,
resumes and images of past work.
All qualified submissions (deemed timely and complete) will then be reviewed by a
Selection Panel composed of staff members from the Public Works and Community
Development Departments, members of the Cultural Affairs Commission’s Public Art
Subcommittee, and an outside art professional. The Selection Panel will select a
short list of qualified artists. Short-listed artists will then be asked to prepare an
original art concept and detailed cost estimate. The Selection Panel will reconvene
to review the final proposals and interview the artists. The Selection Panel’s
recommendation will then be forwarded to the City Council for consideration.
Assuming City Council approval, below is a projected timeline for the decorative gate
portion of the Bikeway Project: City of Culver City, California
Agenda Item Report
Task Time Frame
City Council authorizes release
of Call to Artists (RFQ)
December 7, 2009
Release of Call to Artists (RFQ) December 8, 2009
Response to RFQ due January 12, 2010
Selection of short list February 9, 2010
Phase 2 proposal due March 9, 2010
Award contract May 4, 2010
Fabrication and installation Spring and Summer
2010
FISCAL ANALYSIS:
The estimated cost of the design, engineering, fabrication, and installation of the gate is
$25,000, which will be funded using the $476,174 in ARRA funds the City has already
been awarded for the Bikeway Project. An additional $340,000 is needed to fully fund
the entire Project. The additional funds are anticipated to come from a combination of
sources, including potentially: 1) ARRA funds secured for other projects but not fully
expended; 2) an Environmental Enhancement and Mitigation Program grant, if secured;
or 3) local sources such as New Development Impact Fees. As additional funds
become available, City Council will be asked to consider budget amendments to
appropriate the funds and move forward with additional phases of the project.
ATTACHMENTS:
1. Call to Artists
MOTION:
That the City Council:
Release the Call to Artists (RFQ) for Decorative Gate Design, Engineering,
Fabrication, and Installation Services for the Ballona Creek Bikeway Project
Adjacent to Overland Avenue
MEETING DATE: 12/07/09
AGENDA ITEM: Authorization to Issue a Request for Qualifications
for Decorative Gate Design, Engineering,
Fabrication, and Installation Services for the
Ballona Creek Bikeway Project Adjacent to
Overland Avenue.
ATTACHMENTS
Pages|1010| Call to Artists
1-17ettett e& CI TY
Call to Artists (RFQ)
Ballona Creek Bikeway Project Custom Gate
December 8, 2009
The City of Culver City is seeking to commission an artist/artist team with demonstrated experience
with metalwork to design, engineer, fabricate, and install a gate system at the entrance to the Ballona
Creek Bikeway located off of Overland Avenue and adjacent to the County of Los Angeles' Culver City
Julian Dixon Library.
Introduction/Project Site
The City of Culver City is a Charter City that is home to a population of approximately 40,000.
Ballona Creek (Creek) travels through the City in an east/west direction and connects to the ocean
in Marina Del Rey. The Ballona Creek Bikeway runs parallel to the Creek, providing an important
transportation and recreation resource for the community.
Culver City's Ballona Creek Bikeway Project (Bikeway Project) is located between Overland Avenue
and the pedestrian bridge west of Overland Avenue (see Exhibit No. 1 for a location map). The
Bikeway Project is intended to transform this segment of the creek and bike path by enhancing the
beauty of the Creek, creating a peaceful and beautiful way station for travelers, and providing
amenities for library patrons, school students and nearby residents.
One component of the Bikeway Project is a decorative gate at the entrance to the Creek located off
of Overland Avenue and adjacent to the County of Los Angeles' Culver City Julian Dixon Library.
This gate is intended to provide a functional and aesthetically-pleasing entrance into the bikeway
that is reflective of the Culver City community and the Creek, and that is also consistent in style
with other gates along the Creek, such as those installed at Sepulveda Blvd., Inglewood Blvd.,
McConnell Ave., and Centinela Ave. entrances (see Exhibit No. 3 for images and renderings of the
gates).
Scope of Project
The decorative gate system should meet the following specifications (see Exhibit No. 2 for plan):
1) Reflect the identity of Culver City and Ballona Creek and be consistent in style to other gates
along Ballona Creek.
2) The gate system includes a 12 foot wide double drive gate with interlocking gate mechanism to
allow City and County locks to be used and a 3 foot wide service gate with ball bearing barrel
hinges and a flat mount, self-latching bolt and dead bolt.
3) Gate system and corresponding posts must be engineered to counter-balance.
4) Maximum weight of each gate panel attached to a post shall not exceed 5,000 pounds.
5) Gate panels must be able to open fully to a right angle, with a latch or mechanism to hold the
gate panels open.
6) The height of the side of each gate that attaches to a post must not exceed the height of the
post. At no point shall the gate be less than 5.5 feet in height.
7) Be constructed to be safe, functional, durable, and require minimal maintenance.
The gate system should be installed by the artist in coordination with the general contractor on the
Bikeway Project.
1Submittal Guidelines & Deadline
All interested artists must register by submitting a contact name, phone number, and email address to
Helen.kerstein@culvercity.org no later than Tuesday, December 29, 2009.
Registered artists must submit the following materials by 500 pm, Tuesday, January 12, 2010:
Six (6) copies of the following information, one copy of which must be single-sided and placed in a
white 1-inch wide 3-ring view binder (a binder with a see through cover behind which a cover page can
be placed), are requested as part of the submittal requirements:
1. Letter of Introduction: Include the artist's basic understanding of the proposal; limited to two
pages.
2. Resume: Provide a current resume.
3. References: Provide at least three (3) references of individuals and/or firms with whom the artist
has worked on similar projects. These references should be qualified to speak to the artist's
achievements and performance. Provide a contact name, address, telephone and e-mail contact
information for each reference.
4. Subcontractors and Fabricators: Include a list of subcontractors and possible fabricators.
Provide at least three (3) references for each subcontractor or fabricator with address, telephone,
and e-mail contact information.
Ten images of past work: Images shall be provided on a CD, submitted as jpgs at 200-300 dpi
and identified by artist's name and image number, for example: Jones_01, Jones_02, etc.
Submittals shall include a hard copy of a color contact sheet of images with the artist's name.
Images of work similar to this gate project are preferred. Note: only one copy of the CD is
required.
6. Image list: Include image number, title, medium, dimensions, date, location, client and brief
written description of each image (25 words or less).
Please Note: The due date is the receipt date and not the postmark date. Submissions will
not be returned and will become the property of City of Culver City.
Selection Process
Phase 1:
A Selection Panel will review all qualified submissions. Up to three artist/artist teams (or as
determined by the Public Works Director) will be selected to develop original proposals based on the
following criteria:
• Quality and relevance of past work: Artistic merit as evidenced by the quality of submitted
work and the similarity of past work to the project scope; and,
• Experience: Professional experience as evidenced by resume and reference recommendations
and demonstrated ability to successfully complete art projects of similar scale, scope, and type
within budget and timeline.
2-
2Phase 2:
Short-listed artists will be provided with written guidelines and given approximately one month to
complete sketches of their designs and create a detailed project fee schedule and timeline. The
Selection Panel will reconvene to review original artwork created by short-listed artists and their
proposed fee schedules and timelines. A roughly 45-minute interview with each artist/artist team will be
part of the Selection Panel's evaluation process. Finalist(s) art concepts will be selected based on the
following criteria:
1. Design: Proposed design, including:
o Overall artistic merit
o Reflection of Culver City and Ballona Creek's identity
o Consistency with other Ballona Creek gate designs
o Conformity to design specifications and quality of design, including whether the design is safe,
functional, and requires minimal maintenance
2. Fee schedule: Reasonable not-to-exceed fee.
3. Timeline: Realistic fabrication and installation timeline that fits within the parameters of the City's
proposed timeline for the larger Ballona Creek Bikeway Project.
The Selection Panel will make its recommendation to the City Council. The City Council meeting(s) will
be open public meetings at which time artists will have an opportunity to make a short statement.
All art concepts are subject to review by the City Attorney's Office, the Community Development
Department and the Public Works Department (and other departments or divisions as necessary) for
compliance with City codes, policies and regulations.
Budget and Timeline
Short-listed artists not selected to receive the contract will be paid a $1,000 honorarium upon
successful completion of Phase 2 of the selection process ($1,000 honorarium per artist team). The
total budget available for this project is approximately $20,000-$25,000, which will be funded by some
combination of American Recovery and Reinvestment Act funds, other grant funds, and City funds.
The followinci is a tentative timeline:
Task Time Frame
Council authorizes release of Call to
Artists (RFQ)
December 7, 2009
Release of Call to Artists (RFQ) December 8, 2009
Response to RFQ due January 12, 2010
Selection of short list February 9, 2010
Phase 2 proposal due March 9, 2010
Award contract May 4, 2010
Fabrication and installation Spring and Summer 2010
Note: All dates and timelines are tentative and subject to change
This opportunity is open to professional artists residing in Southern California. Artist teams are also
encouraged to apply.
3Riohts of Rejection
The City intends to award a contract to the artist/artist team that demonstrates the highest level of
expertise and capabilities to provide the requested services. The City reserves the right to reject any
and all proposals or to re-issue the Call to Artists/RFQ when such action shall be considered in the best
interest of the City.
By submitting a response to this Call to Artists/RFQ, prospective Contractor/Artists waive the right to
protest or seek legal remedies whatsoever regarding any aspect of this Call to Artists/RFQ. In addition,
the City reserves the right to issue written notice to all participants of any changes in the proposal
submission schedule or submission requirements, should the City determine in sole and absolute
discretion that such changes are necessary. The City also reserves the right to approve all individuals
and firms, if any, to be retained by artist/artist team.
Payment to Artist
1. This work is to be performed for a "Not-to-Exceed Fee."
2. Shortlisted artists shall provide a "Project Fee Schedule" indicating the fee for individual tasks
(milestones) with a "Not-to-Exceed Fee" which shall be the sum of all tasks by part, phase, and
milestone.
The City will pay the artist/artist team for work completed based on milestones completed and
accepted by the City. The City shall make sole and final determination if a milestone as described
above is complete and acceptable for payment.
3. Invoices for each milestone will specifically identify job title, person-hours, and costs incurred and
previously completed by each task.
4. The artist/artist team shall not perform any work beyond the scope of service in the "Agreement
for Professional Contractor/Artist Services," unless an 'Amendment to the Agreement" is executed
in writing between the City and artist or artist team.
5. The artist/artist team shall receive no compensation for any re-work necessary as result of the
artist's errors or oversight.
Contract
The lead artist will be required to enter into an agreement with the Culver City prior to commencing
work. No selection will be final until an agreement has been properly executed and signed by the artist
and the City. The terms of the agreement will include, among other items, insurance requirements
established by the City. A sample form professional services contract is attached as Exhibit No. 4.
Errors and omissions insurance, specifically and exclusively designated for this project, shall be required
of the firm providing professional services for the Project. Such insurance shall provide a minimum
coverage limit per claim of not less than $1,000,000 per claim/$1,000,000 in aggregate with an
additional $1,000,000 in exclusive coverage to the Project. The insurance shall cover all design work
performed by subcontractors. Such policy may be written on a "claims made" basis provided it
commences as to each named insured upon execution of each covered contract, continues until final
construction completion and includes at least a one year discovery period after construction completion|1010| 4of the project. The City, Los Angeles County, and Los Angeles County Public Library shall be named as
additional insureds.
All firms are required to have Worker's Compensation coverage and General Liability and Automobile
Liability, each with a limit of $1,000,000, naming the City, Los Angeles County, and Los Angeles County
Library as additional insureds and provide for a 30-day notice of cancellation. Additionally, the
artist/artist team is also required to have the insurance company execute the City's Special
Endorsement form or endorsed by an endorser approved by the City Attorney. A copy of the Special
Endorsement form is attached as Exhibit No. 5. The firm and all subcontractors must obtain a Culver
City business tax certificate.
Should the City's relationship with the artist/artist team end during any phase of the design/fabrication
process the City will retain possession of and exclusive rights to any drawings and/or documents
produced during any one of the phases.
Proposers shall comply with all federal requirements, and all state, and local laws and
ordinances applicable to the work. The selected contractor/artist will be required to sign the
similar Consultant Agreement as outlined in Chapter 10 of the Local Assistance Procedures
Manual, which is available at www.dot.ca.gov/hq/LocalPrograms/lam/prog_p/p10consult.pdf
All submissions should be delivered or mailed to:
Helen Kerstein, Management Analyst
Culver City Public Works Department
City Hall 2nd Floor
9770 Culver Boulevard
Culver City, CA 90232-0507
All submittals must be clearly marked as "Ballona Creek Bikeway Custom Gate."
City Hall business hours are 7:30 am - 5:30 pm, Monday through Friday, City Hall is closed alternate
Fridays. For example, the City Hall is closed January 15 th and 29th, 2010.
Questions
Questions regarding this Call to Attists/RFQ must be submitted no later than 5:00 p.m. PST on
January 4th, 2010 by e-mail to:
helen.kerstein@culvercity.org
All responses to questions will be shared with the other artists registered as interested in the
project.
Exhibits
1. Project Location
2. Project Plans
3. Examples of Other Gates Along Creek
4. Sample Contract with Exhibits "A" and "B"
5. Special Endorsement FormExhibit No. 'I - Project Location
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Inglewood GateExhibit No. 4
Sample
CITY OF CULVER CITY
STANDARD FORM CONTRACT
FOR: Ballona Creek Bikeway Custom Gate
THIS AGREEMENT is made and entered into by and between THE CITY OF
CULVER CITY, a municipal corporation, hereinafter referred to as "City," and
, a corporation, hereinafter referred to as
"Contractor/Artist."
1. CONTRACTOR/ARTIST'S SERVICES. Contractor/Artist agrees to perform,
during the term of this Agreement, the tasks, obligations, and services set forth
in the "Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A."
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 32 of this Agreement and shall end upon
satisfactory completion of the work in the Scope of Service Exhibit "A" or as
reasonably determined by City's Public Works Director.
3. PAYMENT FOR SERVICES. City shall pay for the services performed by
Contractor/Artist pursuant to the terms of this Agreement, the compensation set
forth in the "Schedule of Compensation" attached to and incorporated into this
Agreement as Exhibit "B." The compensation shall be paid at the time and
manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Contractor/Artist shall not perform any work
under this Agreement until (a) Contractor/Artist furnishes proof of insurance as
required under Paragraph 7 of this Agreement; and, (b) City gives
Contractor/Artist a written and signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S). . shall be
the designated Contractor/Artist Representative, and shall be responsible for
job performance, negotiations, contractual matters, and coordination with the
City. Contractor/Artist Representative shall actually perform, or provide
immediate supervision of Contractor/Artist's performance of, the Scope of
Service. Contractor/Artist shall not make changes to the project team without
prior written approval from the City.
6. HOLD HARMLESS. Contractor/Artist shall be responsible for any and all
injuries to or death of any person, and for any and all damage to any and all
real or personal property including City's or others, caused by or resulting from
9any acts, errors or omissions of Contractor/Artist, its employees or its agents
arising out of or connected with rendition of services hereunder.
Contractor/Artist shall defend, hold harmless and indemnify City and its officers
and employees from any and all liability claims, including costs, for damages to
real or personal property, or personal injury or death, resulting from
Contractor/Artist's, its employees or agent's acts, errors or omissions arising
out of or connected with rendition of services hereunder.
7. INSURANCE. Without limiting its obligations pursuant to Paragraph 6 of this
Agreement, Contractor/Artist shall submit one or more duly executed
certificates of insurance for Comprehensive General Liability in the minimum
amount of One Million Dollars ($1,000,000) single limit coverage, City's Special
Endorsement Form naming City, Los Angeles County, and Los Angeles County
Library as additional insureds, Professional Liability in the minimum amount of
One Million Dollars ($1,000,000), Automobile Liability in the minimum amount
of $1,000,000 and Workers Compensation insurance in statutorily required
amounts.
8. INDEPENDENT CONTRACTOR/ARTIST STATUS. City and Contractor/Artist
agree that Contractor/Artist, in performing the services herein specified, shall
act as an independent Contractor/Artist and shall have control of all work and
the manner in which it is performed. Contractor/Artist shall be free to contract
for similar service to be performed for other employers while under contract
with City. Contractor/Artist is not an agent or employee of City, and is not
entitled to participate in any pension plan, insurance, bonus, worker's
compensation or similar benefits City provides for its employees.
Contractor/Artist shall be responsible to pay and hold City harmless from any
and all payroll and other taxes and interest thereon and penalties therefor
which may become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Contractor/Artist for current services is within the current budget and within an
available, unexhausted and unencumbered appropriation of City. In the event
City has not appropriated sufficient funds for payment of Contractor/Artist
services beyond the current fiscal year, this Agreement shall cover only those
costs incurred up to the conclusion of the current fiscal year.
10. ASSIGNMENT. This Agreement is for the specific services with
Contractor/Artist as set forth herein. Any attempt by Contractor/Artist to assign
the benefits or burdens of this Agreement without written approval of City shall
be prohibited and shall be null and void; except that Contractor/Artist may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Contractor/Artist shall maintain full and
accurate records with respect to all services and matters covered under this
Agreement. City shall have free access at all reasonable times to such
records, and the right to examine and audit the same and to make transcripts
therefrom, and to inspect all program data, documents, proceedings and|10 10| 10activities. Contractor/Artist shall maintain an up-to-date list of key personnel
and telephone numbers for emergency contact after normal business hours.
12. OWNERSHIP OF CONTRACTOR/ARTIST'S WORK PRODUCT. City shall be
the owner of any and all computations, plans, correspondence and/or other
pertinent data, information, documents and computer media, including disks
and other materials gathered or prepared by Contractor/Artist in performance of
this Agreement, or at any earlier or later time when the same may be requested
by City. Such work product shall be transmitted to City within ten (10) days
after a written request therefor. Contractor/Artist may retain copies of such
products. All written documents shall be provided to City in digital and in hard
copy form.
13. RIGHTS OF REPRODUCTION. In full recognition of California Civil Code §
982, the Contractor/Artist hereby waives any and all rights of reproduction
established pursuant to such section and any other law and transfers such
rights of reproduction to the City. In all publications and other reproductions
made by the City, the Contractor/Artist shall be given credit, except as provided
in Paragraph 17.
14. PICTORIAL AND PHOTOGRAPHIC REPRODUCTIONS. Notwithstanding
Paragraph 13, the Contractor/Artist shall be authorized to make and exhibit
pictorial and photographic reproductions, sketches and maquettes of the Art
Work as part of the Artist's promotional materials.
15. MARKETING OF REPRODUCTIONS. Notwithstanding anything else in this
Agreement, marketing of reproductions of the Art Work shall only be permitted
with the prior approval of the Contractor/Artist and the City.
16. CALIFORNIA ART PRESERVATION ACT AND VISUAL ARTISTS RIGHTS
ACT. In full recognition of California Civil Code § 987, hereinafter "the
California Art Preservation Act", and pursuant to subsection (g) (3), thereof, the
Contractor/Artist waives any and all rights and duties established by the
California Art Preservation Act relating to the Art Work, and transfers any and
all rights under the California Art Preservation Act to the City. Also, in full
recognition of 17 U.S.C. 106A, hereinafter "the Visual Artists Rights Act," and
pursuant to subsection (e), thereof, the Artist waives any and all rights and
duties established by the Visual Artists Rights Act relating to the Art Work and
all uses of the Art Work by the City, except as otherwise specifically set forth
herein.
17. RELINQUISHMENT OF OWNERSHIP RIGHTS. In full recognition of California
Civil Code § 988, the Contractor/Artist exclusively conveys to the City any and
all rights to reproduce, prepare derivative works based on, distribute copies of,
publicly perform, and publicly display the Art Work and expressly transfers right
of ownership of the Art Work to the City. The Contractor/Artist further expressly
waives any and all rights established pursuant to Section 988, including but not
limited to, the right to the resolution of any ambiguity in favor of Artist
11
I (reservation of rights. For purposes of this Agreement, a work shall not be
defined as a derivative work merely because it uses the same media, materials
and display techniques as the Art Work.
18. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice
sent by mail shall be addressed as follows:
To City:
City of Culver City
Attn: Charles D. Herbertson, Public Works Director
9770 Culver Boulevard
Culver City, CA 90232-0507
To Contractor/Artist:
19. TAXPAYER IDENTIFICATION NUMBER. Contractor/Artist shall provide City
with a complete Request for Taxpayer Identification Number ("TIN") and
Certification, Form W-9, as issued by the Internal Revenue Service.
20. PERMITS AND LICENSES. Contractor/Artist, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited to, a
Culver City business tax certificate.
21. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor/Artist shall
perform all work in accordance with all applicable laws, codes and regulations
required by all authorities having jurisdiction over such work. Contractor/Artist
agrees to comply with prevailing wage requirements as specified in the
California Labor Code, Sections 1770, et seq.
22. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY. For
work performed, Contractor/Artist agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the intent
to make purchases from these businesses if such purchases can be made at
competitive prices.
23. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to
perform work similar to the services provided hereunder.
24. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties hereto.
25. WAIVER. If at any time one party shall waive any term, provision or condition
of this Agreement, either before or after any breach thereof, no party shall
12thereafter be deemed to have consented to any future failure of full
performance hereunder.
26. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Contractor/Artist shall be construed to be both a
covenant and a condition.
27. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with
or without cause, in its sole discretion, with thirty-days' (30-days') written notice.
28. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 27 of
this Agreement, City shall be liable to Contractor/Artist only for work
satisfactorily performed by Contractor/Artist up to and including the date of
termination of this Agreement, unless the termination is for cause, in which
event Contractor/Artist need be compensated only to the extent required by
law. Contractor/Artist shall be entitled to payment for work satisfactorily
completed to date, based on a proration of the monthly fees set forth in Exhibit
"B" attached hereto. Such payment will be subject to City's receipt of a close-
out billing.
29. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation arises out of this
Agreement, then venue shall be in the Superior Court of Los Angeles County.
30. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses, including
attorney's fees, to the prevailing party. In awarding attorney's fees, the court
shall not be bound by any court fee schedule but shall award the full amount of
costs, expenses and attorney's fees paid or incurred in good faith.
31. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between City and Contractor/Artist, and all preliminary negotiations
and agreements are deemed a part of this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions of this Agreement. This
Agreement shall bind and inure to the benefit of the parties to this Agreement,
and any subsequent successors and assigns.
32. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed
on behalf of City, and shall remain in full force and effect until amended or
terminated; provided, that the indemnification and hold harmless provisions
shall survive the termination.
(CONTRACTOR/ARTIST)
13Dated: By Its
Dated: By Its CITY OF CULVER CITY, CALIFORNIA
By Mark Scott
City Manager
Dated:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Charles D. Herbertson Carol A. Schwab
Public Works Director City Attorney
APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
Mark Scott Crystal Alexander
Chief Financial Officer City Treasurer
t(k
14EXHIBIT A
CITY OF CULVER CITY
AGREEMENT
WITH:
SCOPE OF SERVICE
Contractor/Artist shall perform all services
as detailed in the attached Proposal and Scope of Services document. References in
that attachment to shall mean Contractor/Artist.
15EXHIBIT B
CITY OF CULVER CITY
AGREEMENT
WITH:
SCHEDULE OF COMPENSATION
(TIME AND MATERIALS BASIS)
A. METHOD OF PAYMENT. Payment for all work performed by Contractor/Artist
pursuant to the terms of this Agreement, including Contractor/Artist's meeting
with City staff, shall be made based on the hourly rates and maximum amounts
per task as set forth in the attached B. BILLING. At the end of each milestone, Contractor/Artist shall submit an invoice
to the City at the following address:
City of Culver City
Attn: Helen Kerstein, Management Analyst
9770 Culver Boulevard
Culver City, CA 90232-0507
The invoice submitted pursuant to this paragraph shall show the City Agreement
Number, hours worked by each person who performed services during the billing
period, the hourly rate of pay for each person who performed services, the dates
on which the services were performed, a description of the services performed,
actual out-of-pocket expenses incurred in the performance of the services, and
such other information as City may reasonably require.
C. TIME OF PAYMENT. Payment to Contractor/Artist shall be made within thirty
(30) days after submittal of Contractor/Artist's invoice and approval by City, in
accordance with City's normal demand procedure.
D. MAXIMUM COMPENSATION. Notwithstanding
otherwise contained in attached shall complete all the work and tasks described in
compensation that does not exceed includes all out-of-pocket expenses.
the foregoing and anything
, Contractor/Artist
Exhibit A for a total amount of
which amount
Kt)
16Exhibit No. 5 SPECIAL ENDORSEMENT
CITY OF CULVER CITY
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other
endorsement now or hereafter attached thereto, or made a part thereof, it is agreed that the policy shall and
does:
1. Include the City of Culver City and its officers and employees as additional insureds in the policies
described on the attached Certificate of Insurance as they may be held liable for injuries, death or
damage to property arising out of or in connection with the contract, executed by the named insured
and the City of Culver City. It is further agreed, this policy shall be primary and noncontributing with
any other insurance or self insurance program available to the City of Culver City, and includes a
severability of interest clause; and
2. Provide any general aggregate limit shall apply separately to the above subject contract; and
3. Provide the naming of the additional insureds as herein provided shall not affect any recovery to which
such additional insureds would be entitled under this policy if not named as such additional insureds;
and
4. Provide the additional insureds named herein shall not be held liable for any premium or expense of
any nature on this policy or any extension thereof; and
5. Provide the additional insureds named herein shall not by any reason of being so named be
considered a member of any mutual insurance company for any purpose whatsoever; and
6. Provide the provisions of the policy shall not be changed, canceled or otherwise terminated as to the
interest of the additional insureds named herein without first giving thirty (30) days written notice
thereof to the City Attorney and Public Works Director/City Engineer of the City of Culver City by
certified mail, return receipt requested, and addressed as follows:
City Attorney
Public Works Director/City Engineer
City of Culver City
City of Culver City
9770 Culver Boulevard
9770 Culver Boulevard
Culver City, CA 90232-0507
Culver City, CA 90232-0507
This endorsement if effective , 20, when signed below by an Authorized Representative of
and, when issued to City shall be valid and form part of
Policy(ies) No. insuring expiring on and shall be in the same amount for the same coverage as the Policy(ies) to
which is attached.
Insurer: By: Name and Title:
OR NAME OF AGENT OR BROKER
CITY OF CULVER CITY
PROJECT NO. PROJECT NAME: Address:
By: (Signature of Authorized Representative)
Attachment: Certificate of Insurance
(If signed by other than insurer, proof of authority to bind insurer must accompany this form)
(Revised JR 3/11/05)
17