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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT AMENDMENT FOR SCULPTURE DESIGN AND INSTALLATION — FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT (NO. 122620) (STRATEGIC PLAN NO. 5, 5, C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED E -'As Recommended/ 93AA ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an addendum to the contract agreement with Green Giant Landscape, Inc., for the Flower Street Bike Trail Gap Closure Project, to subcontract for the design, fabrication, and installation of a sculpture for the bike trail Trailhead Plaza at an estimated cost of $87,153. DISCUSSION The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the City and provides facilities for biking, jogging, and walking, and is part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan. It is also adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center (Exhibit 1). On August 5, 2013, the City Council awarded a $968,500 contract to the lowest responsible bidder, Green Giant Landscape, Inc., to construct the Flower Street Bike Trail Gap Closure. That action also approved a contingency of $145,275 to cover any unforeseen construction costs. At the time, neither the artist nor the sculpture had been selected. However, to avoid the loss of grant funds, staff recommended moving forward with the construction prior to completing the selection process. The approved contract included an allowance to pay for an unnamed artist to be contracted by the City, and for construction of the sculpture foundation structure. However, the contract also included a bid item to design, fabricate, and install the unknown art sculpture. Now that the sculpture and the artist have been determined, the contractor is able to hire the artist directly and has negotiated the actual cost of the work. Consequently, a separate agreement is required to handle this unique subcontracting arrangement.