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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 21, 2014 <br />TITLE: <br />AGREEMENT AMENDMENT FOR <br />SCULPTURE DESIGN AND INSTALLATION — <br />FLOWER STREET BIKE TRAIL GAP <br />CLOSURE PROJECT (NO. 122620) <br />(STRATEGIC PLAN NO. 5, 5, C) <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Approve an addendum to the contract agreement with Green Giant Landscape, Inc., for the <br />Flower Street Bike Trail Gap Closure Project, to subcontract for the design, fabrication, and <br />installation of a sculpture for the bike trail Trailhead Plaza at an estimated cost of $87,153. <br />DISCUSSION <br />The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail <br />that meanders through the City and provides facilities for biking, jogging, and walking, and is part <br />of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan. It is <br />also adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and <br />Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center (Exhibit 1). <br />On August 5, 2013, the City Council awarded a $968,500 contract to the lowest responsible <br />bidder, Green Giant Landscape, Inc., to construct the Flower Street Bike Trail Gap Closure. That <br />action also approved a contingency of $145,275 to cover any unforeseen construction costs. At <br />the time, neither the artist nor the sculpture had been selected. However, to avoid the loss of <br />grant funds, staff recommended moving forward with the construction prior to completing the <br />selection process. <br />The approved contract included an allowance to pay for an unnamed artist to be contracted by <br />the City, and for construction of the sculpture foundation structure. However, the contract also <br />included a bid item to design, fabricate, and install the unknown art sculpture. Now that the <br />sculpture and the artist have been determined, the contractor is able to hire the artist directly and <br />has negotiated the actual cost of the work. Consequently, a separate agreement is required to <br />handle this unique subcontracting arrangement. <br />23AA -1 <br />