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HomeMy WebLinkAbout041204 CSC Agenda AGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, APRIL 12, 2004 6:00 P.M. CALL TO ORDER: Chairman Felicia Hogan FLAG SALUTE: Commissioner Edwards ROLL CALL: Edwards, Fox, Henz, Meyler, Hogan PUBLIC COMMENTS: A total of 1!j minutes is provided so members of the public can address the Commissionl3rs on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state vour name and address. For all other agenda items, a "Request to Speak" form must be filed with the Community Services Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. R:\CSCAGENDlO41204.doc DIVISION REPORTS COMMISSION BUSINESS 1. Master Plan - Veteran's War Memorial RECOMME~IDATION: 1.1 That the Community Services Commission approve the Conceptual Mastl3r Plan for the Veteran's Memorial entitled "Letters Home" created by artist Chistopher Pardell. 2. Teen Concert Overview RECOMME~IDATION: 2.1 That the Community Services Commission receive and file this report providing an overview of the teen concert. 3. Temecula Hiah School Gvmnasium Join Use Aareement RECOMME~IDATION: 3.1 That the Community Services Commission approve in substantial from the Joint Use Agreement between the City of Temecula and the TemEIcula Valley Unified School District for a Gymnasium at TemEIcula Valley High School. DIRECTOR'S REPORT COMMISSIONER REPORTS ADJOURNMENT That the Community Services Commission adjourn to a regular meeting on Monday, May 10, 2004, 6:00 pm at Temecula City Hall Main Conference Room, 43200 Business Park Drive, Temecula, CA 92592. R:\CSCAGENDlO41204.doc ITEM NO.1 CITY OF TEMECULA AGENDA REPORT FROM: Community Services Commission Herman D. Parker, Director of Community serviceQ April 12, 2004 TO: DATE: SUBJECT: Veteran's Memorial RECOMMENDATION: That the Community Services Commission approve the Conceptual Master Plan "for the Veteran's Memorial entitled "Letters Home" created by artist Chistopher Pardell. BACKGROUND: In June of 2003 the City Council approved a project in the City's CIP to design and construct a Veteran's Memorial at a park site within the City of Temecula to honor veterans who have servl3d in conflict and served our Country. In July of 2003 the Community Services Department rele,ased an RFQ calling for artist with experience in the design, development and construction of public: art. The RFQ was mailed to over 35 artist across the country. Through an evaluation and interview process, which involved community input, the City Council sub- committee selected a proposal from Christopher Pardell entitled "Letters Home" as the Veterans Memorial to be installed here in the City. The sub-committee working with staff held meetings with the local VFW to gather their input and also the American Legions. A community workshop was also held to gather community input with regards to how the monument should look and what it should contain. The proposals from two (2) artists finalists were postHd on the City's website for review and comment from the general public for approximately 8 weeks. Several residents voiced their input and comments and a great deal of support was gathered for this project. The recommended artwork depicts a soldier sitting in a bunker made of sand bags, his gun resting at his side, taking a quiet moment to reflect as he writes a letter home. The scale of the piece is intended to convey that sl)ldiers are not heroic in stature nor aspiration-they are our neighbors, they are like us. The words of their letters home convey their similarity to us, their hopes and dreams, to ours. They are not larger than life figures; they are real people who suffer and sacrifice for the benefit of us all. The life..size bronze statue is surrounded by seat walls and display actual letters that soldiers from various American conflicts have written home. A single tree is planted within a retaining wall with a plaque that reads Liberty Tree. Low level lighting illuminates a brick paver pathway of approximately eight (8) steps leading up to the monument area. These brick pavers are intended to be available for the public to purchase and recognize a member of their family who served in one of the branches of the U.S. military. Embedded in the north facing terrace wall are five (5) bronze emblems representing each branch of the U.S. military. The memorial is designed to be installed into the west facing slope ofthe Temecula Duck Pond, just below Pat and Oscar's R:estaurant. It is designed to aesthetically fit into the serene environment that exists at our TemeclJla Duck Pond. The City of Temecula Public Works department will administer the construction and development of the hardscape and landscape for the monument. R:\ZIGLERGIRECORDSIREPORl\041204 CSC Veterans Memorial.doc CITY OF TEMECULA AGREEMENT FOR DESIGN AND CREATION OF A VETERANS' MEMORIAL THIS AGREEMEMT is made and entered into as of April 13, 2004, by and between the City of Temecula ("City"), and Christopher Pardell ("Artist"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes, each of which is acknowledged as true and correct by the parties. a. The City Council advertised for artists to prepare a design and conceptual representations for a Veteran's Memorial to be built in the City's Duck Pond Park. b. Proposals were submitted as part of the artistic competition and the City Council (:hose the Artist's design for the Veteran's Memorial. c. The Artist's design includes substantial elements of art and sculpture in the Veteran's Memorial which constitute the bulk of the physical works to be installed on the Site. The artistic and sculptural aspects of the Veteran's Memorial are an integral part of the Memorial and cannot be constructed and installed without the personal work of the Artist and the closed coordination ohhe construction of the hardscape portions of the Work with artistic and creative design review of the Artist. d. Based on the findings set forth above, the City Council hereby finds and determines that the method of selecting the Artist for the Veteran's Memorial has enabled the City to obtain excellent bids from qualified Artists who can create the artistic elements of the Veteran's Memorial and closed supervise and manage the construction of these artistic elements in accordance with applicable Building Codes and City Standards for the protection of the public health, safety and general welfare. The City Council further finds and determines that based upon the fmdings set forth above, full compliance with the otherwise applicable requirements oftbe Public Contracts Code would be unavailing, would not produce a"a advantage for the City, and would thus be undesirable, impractical, a"ad impossible. The City's authority to proceed with the structural renovation in this manner was established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2nd 631 and the cases cited therein and subsequent to this decision. R:\ZIGLERGIXAGREEMNIVeterans Memorial Agr4ement Pardell.DOC 2. SCOPE OF ARTISTIC WORK. Artist shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Artistic Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Artistic Work. City shall be responsible for construction of the concrete, landscaping, irrigation and electrical work required for the Veterans Memorial, as described in Exhibit II ("Hardscape Work") with the Artist closely supervising and coordinating the Hardscape Work so as to implement the Veterans Memorial design and preserve the artistic and creative elements of the Veterans Memorial design. The Artistic Work shall be completed within the time set forth in this Agreement. Artist shall not commence the Artistk Work until such time as directed in writing by the City. Exhibits A and B are attached hereto and incorporated herein as though set forth in full. 3. COST OF ARTISTIC WORK. For the Artistic Work described in Section 2 of this Agreement Artist shall receive the sum of one hundred seventy-eight thousand three hundn:d seven dollars ($178,307.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit C. 4. PERFORMANCE. Artist shall at all times faithfully, competently and to the best of his ability, experience, and talent, perform all tasks described herein. Artist shall employ, at a mir~mum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Artist hereunder in meeting its obligations under this Agreement. S. CITY APPROVAL. All plans and specifications for the Artistic Work shall be approved by ¡he Director of Community Services. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the Director of Community Services. The quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve change orders and additional payment not to exceed ten percent (10%) of the contract amount without further approval ofth~ City Council. Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Artist shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Artist of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Artist shall be required to executl: an affidavit, release and indenmify agreement with each claim for payment. R:\ZIGLERGIXAGREEMN\Veterans Memorial Agr\iJ:Jment Pardell.DOC 8. PREVAILING WAGES. To the extent Artist engages in any work subject to prevailing wage requirements pursuant to the provisions of Section 1773, et seq., of the Labor Code of the State of Cali fomi a, Artist shall pay the applicable prevailing wages in a'~cordance with law. Pursuant to Section 1773 of the Labor Code, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Artist from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Artist shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Artist shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Artist shall forfeit to the City, as a penalty, the sum of $50.00 for each calenda-r day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provi:,ions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Artist at least ten (10) days prior written notice. Upon receipt of said notice, the Artist shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Artist the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Artist will submit a final invoice: to the City detailing the work performed to the date of the termination. 10. DEFAULT OF ARTIST. a. The Artist's failure to comply with the provisions of this Agreement shall com:titute a default. In the event that Artist is in default for cause under the terms of this Agrœment, City shall have no obligation or duty to continue compensating Artist for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Artist. If such failure by the Artist to make progress in the performance of work hereunder arises out of causes beyond the Artist's control, and without fault or negligence of the Artist, it shall not be considered a default. b. If the City Manager or his delegate determines that the Artist is in default in the perfomlance of any of the terms or conditions of this Agreement, it shall R:\ZIGLERGIXAGREEMNIVeterans Memorial Agr~ment Parden.DOC serve the Artist with written notice of the default. The Artist shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the (:vent that the Artist fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDE:MNIFICATION. The Artist agrees to defend, indemnifY, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Artist's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting liability arising out of the wrongful conduct or negligence ofthe City. 12. LIAB][LlTY INSURANCE. Artist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Artist, its contractor, subcontractors, agents, representatives, or employees. Within tm (10) days of the signing of this Agreement by Artist and the City, Artist shall provide the City with evidence of the required insurance as provided in this Paragraph. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) (2) (3) (4) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Worker's compensation insurance shall be required only if Artist employs persons as defined by the Workers Compensation Law. To the extent Artists employs no persons, he shall certifY such fact to the Director of Community Services and shall not be required to obtain Workers Compensation and Employer's Liability Insurance. Design engineers or architects preparing plans and specifications for the project shall have profession liability insurance with policy limits of $1 million per claim and in the aggregate. R:\ZIGLERGIXAGREEMN\Veterans Memorial Agntment Parden.DOC b. Minimum Limits of Insurance. Artist shall maintain limits no less than: (1) (2) (3) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Five hundred thousand dollars ($500,000) per accident for bodily injury and property damage. Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, dther the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Artist shall procure a bond guaranteeing payment of losses and related investigations, claim administration ¡md defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) (2) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Artist; products and completed operations of the Artist; premises owned, occupied or used by the Artist; or automobiles owned, leased, hired or borrowed by the Artist. The coverage shall contain no special limitations on the scope of protection a-fforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Artist's insurance coverage shall be prima-ry insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Artist's insurance and shall not contribute with it. R:\ZIGLERGIXAGREEMNIVeterans Memorial Agr~ment Parden.DOC (3) (4) (5) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Artist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability ofInsurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Ve.rification of Coverage. Artist shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Arti:;t's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Artist, by executing this Agreement, hereby certifies: "I a-m aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compl~nsation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance ofthe work of this Contract." 13. COMJPLETION DATE; LIQUIDATED DAMAGES. Time is of the essence in this Contract. Contractor agrees to complete the Artistic Work by November 10, 2004, unless extended by the Director of Community Services. In the event the Artistic Work is not completed by said date, Artist shall pay to the City the sum of five hundred dollars per day as liquidated da-mages. Artist acknowledges and agrees that the City's actual da-mage:; for its failure to complete the Artistic Work by said date will be difficult if not imposdble to calculate and that Artist agrees that the a-mount of the liquidated da-mages is a fair and reasonable a-mount given the nature of the Artistic Work being performed and the needs of the City. Artist shall not be responsible for delays R:\ZIGLERGIXAGREEMNIVeterans Memorial AgrÓ'ment PardelI.DOC beyond his reasonable control or delays cause by the failure of the City or its contractors to meet deadlines for construction and installation of the Hardscape Work. 14. INDEPENDENT CONTRACTOR. Artist is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Artist shall at all times be under Artist's exclusive direction arld control. Neither City nor any of its officers, employees or agents shall have control ov¡~r the conduct of Artist or any of Artist's officers, employees or agents, except as set lorth in this Agreement. Artist shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Artist shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Artist in connection with the performance of this Agreement. Except for the fees paid to Artist as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Artist for performing services hereunder for City. City shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Artist shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect tile performance of its service pursuant to this Agreement. The Artist shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Artist to comply with this section. 16. ARTIST'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exi:¡t or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will b~ accepted as an excuse for any failure or omission on the part of the Artist to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. ARTIST'S AFFIDAVIT. After the completion of the Artistic Work contemplated by this Contract, Artist shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Artistic Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an anidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State ofCalifomia. R:\ZIGLERGIXAGREEl'vINIVeterans Memorial AgrEjement Pardell.DOC 18. BOOKS AND RECORDS. Artist's books, records, and plans or such part thereof as may b<: engaged in the performance of this Contract, shall at all reasonable times be subject to in:;pection and audit by any authorized representative of the City. 19. UTIUTY LOCATION. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. Artist shall make himself aware of the locations of all utilities and taJ¡e care not to interrupt utility service or damage utility facilities during his work on the site. 20. REGIONAL NOTIFICATION CENTERS. City agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION. The Artistic Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Artist and any of its suppliers. Artist shall provide all reasonable facilities and assistance for the sa-fety and convenience of inspe,;tors. All inspections and tests shall be performed in such manner as to not unduly delay the Artistic Work. The Artistic Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Artistic Work. 22. DISCRIMINATION. Artist represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attention: City Manager To Artist: Christopher Pardell 1048 Via Zancas Fallbrook, Ca. 92028 R:\ZIGLERGIXAGREEMN\Veterans Memorial Agr8'ment Parden.DOC 24. ASSmNMENT. The Artist shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Artist shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Artist understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall taIœ place in the municipal, superior, or federal City court with jurisdiction over the City of Temecula. 27. WAIVER OF CERTAIN ARTISTIC RIGHTS. As part of the payment for the design and construction of the Artistic Work, Artist hereby conveys to the City the design, concept, and images of the Artistic Work, and further conveys any and all other rights and interest Artist may have in the Artistic Work. Artist acknowledges and agrees that Artist has no further rights in the design, concept and images of the Artistic Work except as may be granted in writing by the City by a separate written document. Artist hereby consents to and authorizes the City to use the Artistic Work for any purposes, and further consents to and agrees that City shall have the right to destroy the Artistic Work, without further notice to or consent of the Artist. Artist also hereby consents to and authorizes the destruction of any of the Artistic Work which, in the sole opinion oftb,~ City Manager, has become damaged by any cause, without further notice to or consent ofthe Artist. Artist hereby waives his rights under Civil Code Sections 438.2 et seq. 26. PROHIBITED INTERESTS. No officer or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Artist, or Artist=s sub-Artists for this project, during his or her tenure or for one year thereafter. The Artist hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Artist or Artist=s subcontm:tors on this project. Artist further agrees to notify the City in the event any such intere:;t is discovered whether or not such interest is prohibited by law or this Agreement.. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding betwe¡:ß the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and s1atements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R:\ZIGLERGIXAGREEMN\ Veterans Memorial Agr~ment Pardell.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael Naggar Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTIST Christopher Parden R:\ZIGLERGIXAGREEMNlVeterans Memorial AgJWment Parden. DOC EXHIBIT A. SCOPE OF ARTISTIC WORK Veteran's Memorial for the City of Temecula The Artist's fee will cover the creative, supervisory and organizational services provided by Christopher Pardell, the Artist, and Kathy McNeeley, the Project Coordinator. Those ite:ms not showing a dollar amount are covered by the artist's fee, except for where spec:ified as being the responsibility of the City The site of the Veterans Memorial is the North-East side of the Temecula Duck Pond. This site was chosen by the selection committee for its high visibility, central location, and the popularity the park enjoys among the citizens of Temecula. The Veterans Memorial Project will be broken down into three phases: Phase 1 (April 24th through July 3rd, 2004) - Finalization of Design Once the City of Temecula and the Artist have signed this Agreement for, work will begin and the City will pay the Artist half of the design fee, $65,000. The Artist will obtain an insurance policy to cover the scope of work $7,500 within ten (10) ofthe :;igning of this Agreement by both parties. The insurance policy will cover the construGtion and installation of the Artistic Work. After completion, the artwork will be coveæd by the City's blanket insurance policies. By May 31,2004, all design aspects of the project will be finalized and completed; including the overall design, the creation of the sculptural maquette, the specification of all materials for the project and the letters to be used in the installation. The final art and mast'~rs for the five branches of service plaques will be completed and sent to the foundry for casting. Plans will be finalized, sub-contractors selected and signed, and the plans engineered by a licensed and independent civil engineer: $4,700. Kathy McNeeley will investigate whether the most recent soils report for the site can be used by the engineer. Ifnot, a soils report will be commissioned: $1,368. Planning & Safety approval for the construction plans will be obtained. By May 15,2004 the day maquette will be submitted to the City for approval. Upon approval, the artist will have a mold made on the day maquette: $900. By June 10, 2004, a plaster casting from the maquette mold will be provided to Cyber FX- the selected subcontractor for the digital enlargement process. Over the R:\ZIGLERG\XAGREEMNIVeterans Memorial AgJ1Jlment Parden.DOC following 3 weeks Cy'Der FX will scan the maquette and cut the full size armature in foam for both the figure and the sandbag section of the wall, as well as outputting the small scale master for the consumer scale figurine version of the sculpture: $13,738 By ,2004, the full sized foam model of the sandbag portion of the seating wall will be provided to the concrete contractor for the purpose of creating a concrete pouring form. By , 2004, the mold made from the maquette will be shipped to the selected foundry to begin the bronze casting process for the maquette-sized version. The Artist will provide the original day maquette or a casting of the maquette to be presented at the ground-breaking ceremony on or before Independence Day, July 4, 2004. The Artist willi finish and make a mold on the small-scale master for the consumer version of the sculpture and provide manufacturing source information to the City for the production of this item. The City will be responsible for the ordering, production and sales of the consumer size version of the sculpture. The graphic mt for the letters to be used will also be finalized by 2004 and sent to the chosen subcontractor for production of the ceramic tile "Letters". Pavers for the installation will be purchased by the selected hardscape contractor and provided to the City. The City will be responsible for promoting the engraved pavers, sales of pavers and the engraving of donor's names. City shall make every effort to complete the pavers in time for installation. The plans denote that the pavers will be installed in such a way that the City can remove, engrave, and re-install pavers as needed in the future. Phase one will end with all design, permit and approval issues finalized and the sculpting of the full size figure underway. Phase II (July 4th, tl~rough October 8th, 2004) - Hardscape and Casting Phase This phase will begin with ground breaking for the "setting" of the memorial (retaining wall, seating area, access walkway and stepped walkway) on the specified site by the chosen subcontractors. City shall commence the Hardscape Work on or before July 4, 2004. Concurrent with the commencement of the Hardscape Work, the artist will be sculpting the full size figure in day. The foam armature provided by Cyber FX will be covered with a thin layer of day for creating the surface detail. Artist will enlist the assistance of apprentices for this portion of the process and anticipates that the Artist will have a finished sculpture by July 18,2004. Once completed, a mold will be made on the full size sculpture, which will take another week Two assistant moldmakers will be hired to assist in making the molds: $5,000. R:\ZIGLERGIXAGREEMN\Veterans Memorial A~ment Parden.DOC The mold willl:hen be shipped to the selected bronze foundry for casting. The casting process will take approximately three months. The foundry will be paid a deposit of $2,000. The project coordinator will coordinate the production and delivery of the "letter" tiles to the construction site: $3,000 The Artist will maIœ the first of two trips to the bronze foundry during the casting process to chase (touch up) the waxes that will be taken from the mold of the life-sized figure: $1,250. Toward the end of Phase I the five bronze plaques representing the five branches of military service will be finished and delivered to the site for installation: $1,300. By this time the City will have finished, and delivered to the site for installation, all the engraved paver> that were sold up to this time. City Services will be able to continue the engraving and setting of pavers after dedication of the memorial, if needed. Phase two will be completed when all hardscape has been finished - including the buried or embedded portions of the electrical and watering systems, and the final grade applied to the site. Phase III (October 91th through November 10th" 2004) Landscape and Sculptural Installation The artist will maIœ a second trip to the Colorado foundry to approve welding on the sculpture and supervise patination: $1,250. The foundry will ship the finished bronze to the artist and be paid the remainder of their fee: $6,000. Once alilands,~aping work is complete, a bobcat will be rented to carry the finished bronze figure to the site for installation in the days prior to the dedication: $300. The City will be responsible for any dedication ceremony to be held. R:\ZIGLERGIXAGREEMNWeterans Memorial Aw!ment Parden.DOC EXHIBIT B CITY RESPONSIBILITY FOR HARDSCAPE CONSTRUCTION CITY RESPONSlBLITL Y FOR CONSTRUCTION OF HARDSCAPE WORK The City of Temecula shall be responsible for the installation of the hardscape components of the V é>terans Memorial which are not part of the Artistic Work described in Exhibit A, which hardscape work consist of landscaping, irrigation, concrete, and electrical work as will be specified in the final plans for the Veterans Memorial ("Hardscape Work"). At this initial stage of the design of the Veterans Memorial, the Hardscape Work will include, but not be limited to: 2. 3. 4. 5. 6. 1. Demolition of the existing pond-side park bench; grading and excavation of the Site before setting formwork for the foundation; Both the irrigation and electrical system will be tapped into at the existing lines on site. The irrigation split off from the lines exposed in excavation for th<: foundation- the electrical system will be wired to the existing circuit at the "rook" bollard light already installed along the pond-side walkway. If the City requires separate circuits or water lines for either the electrical or irrigation system for the memorial, then the City will be responsible for bringing those services to the excavated area of the memorial site. Installation of the buried portions of the watering system, and to specify any required soil amendments for backfilling planting beds and retaining walls as well as the placement ofthe specified boxed tree. The existing park watering system will be modified to accommodate the instalbtion and insure proper coverage of the areas surrounding the installation. R:\ZIGLERGIXAGREEMNlVeterans Memorial AgJþIment Pardell.OOC EXHIBIT C. SCHEDULE OF PAYMENT 1. City shall pay to Artist fifty percent (50%) of the contract amount upon the execution of the Agreement by both the Artist and the City. Artist shall be responsible for the payment of all materials, supplies and third party costs for the design and installation of the Artistic Work as described in Exhibit A. 2. The remainder of the contract amount shall be paid to Artist forty days following the recordation of the certificate of completion, provided that the amounts of any stop notices and the City's costs of resolving the stop notices shall be deducted from the payment until such time as the stop notice(s) are resolved. R:IZIGLERGIXAGREEMNIVeterans Memorial Ag¡ e(jment Parden.DOC P~OPOç.¡;D V.rrt/UIN'Ç m.¡;mO~ ' H ITEM NO.2 CITY OF TEMECULA AGENDA REPORT TO: DATE: Community Services Commission Herman D. Parker, Director of Community service& April 12,2004 FROM: SUBJECT: Teen Concert RECOMMENDATION: That the Community Services Commission receive and file a report on the April 2, 2004 Teen Concert. BACKGROUND: In January of 2004, Council Member Jeff Comerchero and City staff met with approximately twelve teens and young adults to discuss their desire for a teen concert to be held in Temecula. The youth expressed concern that there wasn't anything for them to do locally, and their recreational opportunities were very limited. They stated that they wanted to see the City host a concert locally and invite several bands to perform. Staff, working with several of these young people, scheduled a concert to be held on Friday, April 2 at the Community Recreation Center. Five bands were invited to perform and included: Beta Factor, The Chemistry, Hollywood Cheekbones, Rubix, Ocean Daybreak. These same young people who met with staff handled the advertising and flyers, ticket sales at the event, food concessions, and announcements at the event. The cost to attend was $5. Approximately 230 young people attended the event without incident. City Staff was present to ensure a safe event. In addition members of the Temecula Teen Council were present to assist with concessions and monitor the multi-purpose room. All in all, the event was considered a success. R:IZIGLERGIRECORDSIREPORTI041204 CSC Teen ConcerLdoc ITEM NO.3 CITY OF TEMECULA AGENDA REPORT TO: FROM: Community Services Commission Herman Parker, Director of Community services~ DATE: April 12,2004 SUBJECT: Temecula High School Gymnasium Joint Use Agreement ~~hYlliS L. Ruse, Deputy Director of Community Services RECOMMENDATIOIII: That the Community Services Commission approve in substantial form the .Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District for a Gymnasium at Temecula Valley High School. PREPARED BY: BACKGROUND: The Temecula Valley Unified School District (District) has an opportunity to construct a gymnasium at Temecula Valley High School, using grant funds available to the District. One of the requirements of the grant is that the District has a Joint Use Partner. The District has approached the City with a request that the TCSD act as the Joint Use Partner for this project. The term of the agreelment is for five years with automatic five year renewals thereafter. The District shall be solely responsible for all design and construction costs of the facility, as well as, all operations and maintenance costs. The District shall have first priority for use of the facility to meet student athletic, educational and recreational needs. Once District needs have been met, the facility will be available for community use. As the Joint Use Partner, the TCSD will have first priority among community user groups for use of the new gym facility. The TCSD envisions using the facility, as scheduling permits, for community purposes such as youth and adult basketball league play, volleyball and special events. The District and the TCSD will agree upon a use fee to be paid to the District prior to scheduling TCSD eV'3nts in the facility. District will work with the TCSD on a reduced hourly rate for use in recognition of our Joint Use Partner relationship. The Joint Use Agree!ment will provide a mechanism for the District to secure funds for a needed facility for school athletic programs. It will also provide additional gym space for the TCSD's growing recreational activities. R:IRUSEPIAGENDASITVUSD Joint Use Agreement for TVHS Gym-ese.doc JOINT USE AGREEMENT BETWEEN THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND THE CITY OF TEMECULA THIS JOINT USE AGREEMENT ("Agreement") is entered into æs of , 2004, by and between the Temecula Valley Unified School District, a public school district existing under the laws of the State of California ("District"), and the City of Temecula ("Joint Use Partner"). WHEREAS, Education Code Section 17052 authorizes school districts to enter into joint use agreements with community organizations for the purpose of constructing libraries, multipurpose rooms and gymnasiums on existing school sites where these facilities are used jointly by both the school pupils and for community purposes, and provides funding from the State Allocation Board for such projects. WHEREAS, the District desires to construct a gymnasium ("Facility") on the grounds of Temecula Valley High School, a school site that is owned by the School District and located at 31555 Rancho Vista Dr., Temecula, CA. WHEREAS, the City of Temecula is a Community Organization charged with the responsibility of providing community recreational services. WHEREAS, the City of Temecula desires that it become a partner in the joint use of the proposed Facility under the terms and conditions set forth in State Law and in this Agreement. WHEREAS, the District and the Joint Use Partner wish to provide a Facility that will be available for use by students, and the general public for community purposes, in accordance with the policies and procedures contained in this Agreement and such additional policies and procedures as may be developed. WHEREAS, it is the intent of the District and the Joint Use Partner to maximize the use of a Future Joint Use Facility by allowing district-wide community access to the Facility after school hours and on weekends as much as is practicable. TERMS 1. Term of A!!reement. The term of this Agreement shall commence upon execution by both parties and shall remain in effect for 5 years. After the initial 5-year term, the agreement shall automatically renew every five (5) years. 2. Description of Facilitv. The District owns all other buildings and grounds buildings at Temecula Valley High School, in the County of Riverside, California. The portion of the School Site dedicated to the construction of the Facility is shown a8 Exhibit "B" attached to this agreement for reference. The Facility will be constlUcted as in accordance with Plans and Specifications to be approved by the Division ofthe State Architect. 3. Purpose of Facilitv. The purpose of the Facility will be to provide the students of Temecula Valley High School, and the community members of the City of Temecula, regular access to a full sized gymnasium. The gymnasium, in addition to supporting the District's educational purposes, is anticipated to support many other youth and community group activities. The Facility is intended to support, but not limited to, such activities as basketball, volleyball, general recreation as well as providing space for general meetings. 4. Construction of Facilitv. The District shall be fully responsible for the construction of the Facility and for entering into any and all agreements required for, and relating to the construction of the Facility. The District shall be responsible for complying with all State and local laws relating to the construction of school facilities. 5. Project Approvals. The District shall be responsible for obtaining all necessary approval, and permits for construction ofthe Facility including, but not limited to, obtaining approval of the plans and specifications by the Division of the State Architect, obtaining approval of the project by the State Department of Education, and applying for funding from the State Allocation Board. 6. Funding Responsibilities for Construction. Funding for the construction of the Facility ¡hall be the District. The State Allocation Board may provide funding for construction in the amount approved by the State Allocation Board under the authority granted by Education Code section 17052. 7. Joint Use of the Facilitv. The District and the Joint Use Partner shall share the use of this Joint Use of the Facility. The Parties agree to cooperate in coordinating programs and activities conducted at the Facility so as to avoid conflicting uses, to ensure the availability of the Facility to the District, the Joint Use Partner and the community on an equitable basis. The following guidelines will control the scheduling ofthe Facility: A. Scheduling Responsibilitv. The District shall be fully responsible for seheduling all use of the Facility during the School Day. B. Community Use. The Facility shall be available for District-wide community purposes for the maximum extent possible after regular school hours, but no less than twenty (20) hours per week. C. District Prioritv. The District shall have exclusive use and control of the Facility from one hour prior to, until two and one-half hours after, regular sehool hours when school is in session. During non-school hours, District 8. 9. shall have a priority of use of the Facility in scheduling all District- sponsored activities, and other functions. D. Scheduling Events. On an annual basis, the District shall provide the City of Temecula a schedule of all District events for each school year æs soon a, such schedule is prepared. The City of Temecula shall then submit a proposed schedule of activities and events to the District. The District shall calendar City of Temecula activities and events before any other groups/ events. E. Coordination. The designated Representatives of the District and the City of Temecula shall meet at least annually, to discuss operations and s,~heduling ofthe Facility and make any necessary adjustments. F. Governance. Any and all persons using the Facility shall abide by state alld federal laws and regulations as well as local school board policies and administrative regulations. Operations of Facilitv. The District and the City of Temecula shall share responsibility for the day-to-day operations of the Facility. The District shall be responsible for providing staffing, supervision, and security during regularly scheduled school hours when school is in session, and during any official, school- sponsored activities that occur during or after school hours. The City of Temecula shall be responsible for providing staffing, supervision, and security as deemed necessary by mutual agreement during all times during which the Facility is used for City of Temecula sponsored activities and events. Operational Costs. a. Responsibility for Costs. The District will be responsible for the operational costs of the building including water; electricity, gas, sewage alld garbage pick up for the joint use facility and will assume the costs of normal maintenance on the interior and exterior of the building. b. Charges for Facility Use. Charges for Facility use will be determined by the District based upon the Use of Facilities application process and agreed to by the Joint Use Partner and Groups using the facility and billed to the user group. All charges will be determined in advance of the activity and agreed upon by the District and the Community Group before the date of the event or start of the activity. 10. Student Safety. The Safety and Security of District students and staff are of utmost importance. Therefore, use of the joint use facility during school hours will be limited to use by students, teachers and other school staff. All joint use facility use by non-district users (both for City of Temecula sponsored and other Community events) will take place on night and weekends when school is not in 12. 13. session and will be governed by the District's Board policies and administrative regulations regarding facilities use. These School District policies require that all visitors ¡:hall register immediately at the administrator's office upon entering the school site when school is in session. Then a staff member of the District shall accompany all visitors during the time while they are on the school site. 11. !J~. Each party agrees to either self-insure in an amount not less than specified below or insure against damages or injuries which may arise from the activities contemplated by this Agreement by purchasing and maintaining for the term of this Agreement a commercial general liability insurance policy, and automobile policy, both with a combined single limit of not less than two million dollars (2,000,000), which policy shall include or be endorsed to include the other party as an additional insured. The Parties agree to provide evidence of such insuranœ upon request. Each party shall also carry Worker's Compensation Insurance for its own employees as required by law. The District will be required to carry and pay for the required State Property Insurance. Termination. This Agreement shall automatically terminate in the event the Facility :¡s not approved by the State Department of Education or the Division of the State Architect within one (1) year of execution. This Agreement shall also automatically terminate in the event the Facility is not approved for funding by the State Allocation Board within three (3) years of execution. In such cases, the Parties may amend this Agreement or enter into a new agreement for the same purposes contained herein. After the initial 5-year term of this agreement, either party may terminate this agreement by providing at least six (6) months written notice prior to the end of each subsequent five (5) year term. Notices :and Contacts. All notices, demands, requests, approvals, authorizations, or designations hereunder by either the School District or the Joint Use Partner to the other shall be in writing and shall be given and served upon the other party, or sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: School District: Temecula Valley Unified School District District Superintendent 31350 Rancho Vista Road Temecula, CA 92592 Joint Use Partner: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Either party may change its address or contact person by giving notice to the other party. The Parties have executed this Agreement as of the date( s) indicated below. SCHOOL DISTRICT: Temecula Valley Unifwd School District By: Title: Secretary ofthe Governing Board Date: JOINT USE PARTNER: City of Temecula By: Title: Date: Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney EXHIBIT "A" DESCRIPTION OF MULTI-USE FACILITY A 3 full size basketball court gymnasium with related locker rooms, sports rooms, and restrooms approximately 66,847 sq. ft. to be constructed on the Temecula Valley High School campus.