CITY COUNCIL AGENDA ITEM NO. H.3
04/08/2025
- Revisions to the Agreement term so that the Project is completed no later than September 30, 2026, to establish a final deadline for performance.
Additional costs for this Project for consideration are landscaping, plans, traffic control, and inspections. These costs are already budgeted. The location of the monument will be in the Sand Creek median where there is existing landscaping.
City staff have visited the site and will create plans to do earthwork on site to prepare for construction (remove landscape, relocate irrigation boxes, pothole and fill to confirm location of installation, etc.) and will also create plans to add updated landscaping in the planters and in the median following construction. Parks and Recreation staff will work closely with Engineering and Public Works to review plans related to this monument, and to prepare construction bid documents for installation of the project.
For construction and installation of the monument, the City will incur expenses for traffic control and for inspection to ensure the monument is built to plan and is approved for City to accept the Project. These costs were not accounted for in original project estimated costs, but are the City’s responsibility. These costs are included in the Engineer’s estimate for construction and will be paid from the existing Public Art Spaces Project.
Staff recommends that the City Council adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” project, to increase compensation to the artist in the amount of $5,000, amend the scope of services, and allow for minor additional non-substantive revisions to it, in consultation with the City Attorney.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5 Parks and Recreation Services: Goal 3 Enhance cultural and performing arts opportunities for Brentwood.
PREVIOUS ACTION
Previous Action as an Attachment 1.
DATE OF NOTICE
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. H.3
04/08/2025
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Staff
Recommendation
Staff recommends that the City Council approve an
amendment to the artist agreement, including the steps to install the project. The City has already made two payments to the artist, totaling $131,250 and has spent many years working with the artist to bring this unique art piece to Brentwood.
2. No Change to
Artist Agreement
The City Council may choose to take no action at this time.
This will keep this project at a standstill, as the artist agreement has insufficient funds to complete the project and there are no set timelines on delivery and installation of the artwork. If this is the direction the City Council chooses to pursue, an amendment or completion of the project can be pursued at a later date, but the costs to complete the artwork and construct/install the project may further increase.
3. Abandon/
Terminate the
project
The City Council may choose to abandon/terminate the
project. In this case, City staff will follow procedures outlined in the artist agreement under “Termination”.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Amendment 2 Draft
4. Artist’s Narrative for Project History
5. Artist’s Rising Budget Details
6. City Project Delays and Rising Costs
7. Engineer’s Estimate for Contractor Construction
8. Amended CIP Sheet: Project 337-37244
9. Rendering and Scale: Radiant Convergence
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On February 28, 2017, by Resolution No. 2017-24, the City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (renamed Public Art Spaces).
On June 12, 2018, the City Council established a Citywide Gateway Monuments 4 Corners Ad hoc Committee consisting of two City Council Members and two Arts Commissioners.
On April 23, 2019, by Resolution No. 2019-54, the City Council approved two viable locations, artists and designs for the Public Art Spaces project.
On May 14, 2019, the City Council approved the City public art location prioritization which indicated the site locations for Phase 1 of the Public Art Spaces projects would be Sand Creek Road across from Streets of Brentwood, Brentwood Boulevard alongside the Police Station and Balfour Road Bypass median.
On May 28, 2019, by Resolution No 2019-68, the City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) which includes the Public Arts Spaces project.
On January 14, 2020, the City Council considered a Resolution approving the City Manager or designee to execute an Agreement for Artist Services with Motivated Metal for the Public Art Spaces CIP Project #337-37244 in the amount of $175,000 plus a 10% contingency of $17,500 for a total amount of $192,500. The City Council continued the item and asked staff to work with the Arts Commission on site location.
On February 25, 2020, by Resolution No 2020-28, the City Council approved and authorized the City Manager or designee to execute an artist services agreement with Motivated Metal for the Public Arts Spaces CIP Project #337-37244 in the amount of $175,000 plus a 10% contingency of $17,500 for a total of $192,500 On January 14, 2025, following a presentation regarding the Public Art Spaces project agreement and possible amendment with Motivated Metal, the City Council directed staff to (1) continue the item to a future date, (2) approach the artist about keeping the original payment amounts of the existing agreement as well as, removing the cost of construction from payment for services from the existing agreement, and to (3) obtain estimates on construction costs for the project.
On January 28, 2025, by Resolution No. 2025-11, the City Council amended the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces CIP Project No. 337-37244 and amended the FY 2024/25 Operating Budget for the associated funding transfers.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 2 TO
THE AGREEMENT FOR ARTIST SERVICES WITH MOTIVATED
METAL FOR THE “RADIANT CONVERGENCE” PUBLIC ART
SPACES PROJECT, CIP PROJECT #337-37244, TO INCREASE
COMPENSATION TO THE ARTIST IN THE AMOUNT OF $5,000,
AMEND THE SCOPE OF SERVICES, AND ALLOW MINOR
ADDITIONAL NON-SUBSTANTIVE REVISIONS TO IT, IN
CONSULTATION WITH THE CITY ATTORNEY
WHEREAS, on February 28, 2017, by Resolution No. 2017-24, the City Council approved two viable locations for the Citywide Gateway Monuments “4- Corners” Project (renamed Public Art Spaces); and
WHEREAS, on April 17, 2019, the Arts Commission approved a recommendation to the City Council for approval of two Public Art Spaces locations, artists and designs; and
WHEREAS, on April 23, 2019, by Resolution No. 2019-54, the City Council approved two viable locations, artists and designs for the Public Art Spaces project; and
WHEREAS, on May 7, 2019, the City Council approved the City public art location prioritization; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, the City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP), which included the Public Arts Spaces projects; and
WHEREAS, on July 2, 2019, the Public Art Spaces Ad-Hoc Committee reviewed a design by artist Seth Palmiter of Motivated Metal for the Public Art Spaces project and approved a recommendation of the artist and design to the Arts Commission; and
WHEREAS, on September 25, 2019, the Arts Commission approved a recommendation to City Council for approval of Motivated Metal’s design for the Public Art Spaces project; and
WHEREAS, on January 14, 2020, the City Council requested the Arts Commission re-evaluate the site location for the Seth Palmiter designed project; and
WHEREAS, on January 21, 2020, the Arts Commission held a special meeting to discuss the Public Art Spaces site locations as requested by the City Council, and the Commission reviewed location options and recommended the Seth Palmiter design be installed at either the Balfour Bypass median site or the San Creek median site; and
WHEREAS, on February 25, 2020, by Resolution 2020-28, the City Council approved and authorized the City Manager or Designee to execute an Agreement for Artist Services with Motivated Metal for the Public Arts Spaces CIP #337-37244 in the amount of $175,000, plus a 10% contingency of $17,500, for a total amount of $192,500; and
WHEREAS, on March 16, 2020, Amendment No. 1 to the Agreement for Artist Services with Motivated Metal for the Public Art Spaces CIP Project #337- 37244 was executed, replacing Exhibit A to identify the new location for installation of the Radiant Convergence art piece; and
WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which includes the Public Art Spaces Project, CIP Project No. 337-37244; and WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and
WHEREAS, the proposed amendments to the Agreement will allow the artist to complete and deliver the monument, and allow the City to take on the responsibilities and comply with the legal requirements, to have the monument installed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” project (“monument” or “project”), to increase compensation to the artist in the amount of $5,000, amend the scope of services, and allow for minor additional non-substantive revisions to it, in consultation with the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8
th day of April 2025, by the following
vote:
1 City Attorney Approved Version 040821
AMENDMENT NO. 2 TO EXTEND AND AMEND THE
AGREEMENT FOR ARTIST SERVICES
[Motivated Metal]
This Amendment No. 2 is entered into and effective as of the ____ day of __________________, 2025, amending the agreement dated February 25, 2020 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Motivated Metal, a sole proprietorship (“Artist”), (collectively, the “Parties”) for the “Radiant Convergence” public art spaces project (“Project”).
RECITALS
A. On February 25, 2020, City Council approved Resolution No. 2020-28 authorizing the execution of an agreement between the City and Artist for the Project to be located on a City-owned property determined by City Council; and B. On March 16, 2020, the Parties executed Amendment No. 1 to the Agreement to alter the scope of work to include the location of where the public art installation was to take place; and
C. Due to unforeseen circumstances related to this Project, including the COVID-19 Pandemic, supply chain issues, and a rise in material costs over time, the overall cost of the Project has increased; and
D. Due to the legal requirements in California surrounding public construction projects, including the need to secure bonds and pay prevailing wages, and because Artist does not live in California, and does not have familiarity with these legal requirements, the Parties have agreed that the City will handle the public construction aspects of the Agreement to ensure compliance with California public contracting requirements; and E. The below chart summarizes the Artist’s costs for the Project in 2019, 2023, and 2025 (and more fully described in Exhibit B, attached hereto); and 2019 Costs 2023 Costs 2025 Costs
Artist Expenses $105,000 $120,250 $140,000
Construction $34,000 $47,987 $0
Installation $28,000 $31,400 $40,000
Contingency $8,000 $9,500 $0
TOTAL $175,000 $209,137 $180,000
F. In light of the foregoing, taking into consideration the rise in costs to the Artist since the Agreement was initially entered into, as well as the decrease in Artist’s costs relating to the construction aspect of the Agreement now being handled by the City, the overall compensation payable to Artist has increased by $5,000; and G. The Parties desire to amend Exhibit “A” Scope of Services to include specific benchmarks for timing related to the completion of the Project, payment obligations, clarifications on site specifications, removal of the public works aspects, and Attachment 3
2 City Attorney Approved Version 040821
additional clarifying information regarding the Project, and the Parties have negotiated and agreed to a revised scope of services and fee schedule; and H. The term of the Agreement currently expires “upon completion of the Services by Artist,” and the Parties desire to amend Section 3 (Term) so that the Project is completed no later than September 30, 2026.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. The total amount of compensation to be paid to Artist under the Agreement is hereby increased by $5,000, making the Compensation payable to Artist a total not to exceed Agreement amount of $180,000, with the full schedule of payments outlined in Exhibit “A.”
2. Exhibit “A” to the Agreement, which describes the Services, is hereby deleted in its entirety and replaced with the revised Scope of Services and Fees described in Exhibit “A,” attached to this Amendment and incorporated in by this reference.
3. Section 3. Term of the Agreement, is hereby amended and replaced in its entirety with the following:
“3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written, and will expire no later than September 30, 2026.”
4. Except as amended herein, all other provisions of the Agreement will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Artist pursuant to the Agreement shall include coverage for the amended term, as described above.
6. The individuals executing this Amendment and the instruments referenced in it on behalf of Artist each represent and warrant that they have the legal power, right and actual authority to bind Artist to the terms and conditions of this Amendment. [Signatures on the following page.]
Attachment 3
3 City Attorney Approved Version 040821
7. Signatures.
7.1 Counterparts. This Amendment may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.
7.2 Digital/Electronic Signatures. Using a City-approved method, this Amendment may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Amendment will be construed as the Parties’ consent to do business electronically.
ARTIST:
By:
Seth Palmiter, Artist/Owner
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, City Attorney
Attachment 3
4 City Attorney Approved Version 040821
EXHIBIT “A”
SCOPE OF SERVICES AND FEES
1. Artist will design, fabricate, build, and complete the project entitled “Radiant Convergence” (the “Project”), as shown in Attachment 1, which is attached and incorporated in by this reference.
2. The Project is to be located in the Sand Creek Road median in conformance with the site diagram provided as Attachment 2, which is attached and incorporated in by this reference.
3. Project components and responsibilities:
• Artist to prepare and provide structural plans (shop drawings of artwork above and below ground) stamped by an engineer for City Staff review and approval, to City no later than August 1, 2025.
• Artist to complete formation of structural tube elements, completion of mesh panel and transportation of art components of these items. • Artist to provide photos of completed components of all stanchions, mesh panels, structural tube elements with size dimensions and weight of items. • City to prepare and complete the bid process, and enter into contract(s) with contractor(s), for the concrete and lighting work required for installation of the Project.
• The Parties will mutually agree on a date for delivery of the finished stanchions, mesh panels, and tube elements for the Project, taking into consideration the work schedule of the City’s hired contractor(s). • Artist is responsible for delivery of the stanchions, mesh panels, and tube elements to Brentwood, CA within 45 days of being notified by City that it is ready to take delivery. A more specific location will be provided at a later date. Artist shall arrive in the City at the same time these items are delivered.
• Artist to provide footer templates and hardware for installation, and attachment of structural tube elements will be installed by City’s contractor(s).
• Artist shall be on-site during the entire installation of the Project, until completion, for field review.
• Artist to polish installed items following installation by City’s contractor(s). • City to provide any final dressing of the Project site, which could include landscaping, bark and/or plant materials.
• City will coordinate unveiling/ribbon cutting ceremony.
4. Payment Schedule to Artist:
• $87,500 was paid to Artist on March 20, 2020, at the beginning of the Project.
• $43,750 was paid to Artist on July 11, 2023 for completing fabrication of four uprights.
• $20,000 payable within 30 days of execution of this Amendment for remobilization of the Project.
Attachment 3
5 City Attorney Approved Version 040821
• $10,500 payable upon receipt of structural plans (referenced above) for the Project, which are due no later than August 1, 2025
• $6,000 payable within 30 days of City’s receipt of photos that artwork is prepared for transportation.
• $12,250 payable within 30 days following completion of final acceptance by the City, of the Project.
Compensation Total $180,000
Attachment 3
Artist Rising Cost Details
Radiant Convergence
Artist fee 7,500.00 Artist fee 8,800.00 Artist fee 14,000.00Administration 3,000.00 Administration 3,500.00 Administration 4,000.00Fabrication 57,000.00 Fabrication 62,000.00 Fabrication 67,000.00Stainless Steel 2,000.00 Stainless Steel 2,000.00 Stainless Steel 3,500.00Hardware 3,500.00 Hardware 4,100.00 Hardware 5,000.00Materials 3,000.00 Materials 3,500.00 Materials 5,500.00SS tubing 11,000.00 SS tubing 12,700.00 SS tubing 13,000.00Perf. Metals 5,000.00 Perf. Metals 8,400.00 Perf. Metals 9,500.00Lettering 1,500.00 Lettering 1,750.00 Lettering 2,500.00Powder Coat 11,500.00 Powder Coat 13,500.00 Powder Coat 16,000.00 Subtotal Artist exp 105,000.00 Subtotal Artist exp 120,250.00 Subtotal Artist exp 140,000.00 Planters* 15,500.00 Planters* 23,447.00 Planters*
Footers 3,500.00 Footers 5,040.00 Footers Lighting 7,000.00 Lighting 7,000.00 Lighting Electrician 2,000.00 Electrician 4,000.00 Electrician Site Work 6,000.00 Site Work 8,500.00 Site Work Subtotal Construction 34,000.00 Subtotal Construction 47,987.00 Subtotal Construction ‐ Staging 2,500.00 Staging 3,000.00 Staging 4,500.00Installation* 11,000.00 Installation* 13,000.00 Installation* 17,000.00Travel 4,000.00 Travel 4,500.00 Travel 5,500.00Art transport 3,000.00 Art transport 3,500.00 Art transport 3,500.00Engineering 1,600.00 Engineering 2,500.00 Engineering 2,500.00Modeling 4,400.00 Modeling 4,400.00 Modeling 6,500.00Plaque 1,500.00 Plaque 500.00 Plaque 500.00 Subtotal Installation 28,000.00 Subtotal Installation 31,400.00 Subtotal Installation 40,000.00 Contingency 8,000.00 8,000.00 Contingency 9,500.00 9500 Contingency 0 0 GRAND TOTAL 175,000.00 TOTAL 209,137.00 TOTAL 180,000.00 2019 Cost 2023 Estimated Cost *2025 Amend. 2 Cost
Attachment 3
Radiant Convergence (Concept and Renderings)
Attachment 3
Radiant Convergence (Location)
Installation Location for project
Attachment 3
Attachment 4
Artist Narrative on Project History
Recreation Manager 1 (RM1) AS ADMINISTRATOR – 10 emails, many phone calls 10-25-2017 RM1 informs us of our semi-finalist status for the project 4-18-2018 Seth travels to Brentwood to present his concept 6-29-2018 RM1 informs Seth should proceed to designing the work in concert with the ad-hoc committee.
Seth is tentatively awarded this Gateway Site
11-15-2018 RM1 phones to formally award the Balfour Gateway to Seth. 12-20-2018 She outlines some big changes to the scope of the project in this phone call.
Recreation Manager 2 (RM2) AS ADMINISTRATOR – 295 emails, dozens of calls and conferences 3-19-19 Seth travels to Brentwood to present his revised concept. Also undertakes site visit to photograph the Balfour Road site
7-2-19 Seth presents updated design for Balfour Road. It is met with appreciation by AdHoc committee. We are given a few notes on palette, signage, next steps for site coordination, and final presentation.
7-31-19 Coordinate list of Brentwood approved engineers in preparation for moving forward
8-14-19 Final package sent for Ad-Hoc voting.
9-5-19 RM2 says art was approved. They do need us to redesign and reduce scale to fit the site and keep the budget under $175K. Seth undertakes this redesign effort. 9-27-19 RM2 and Stacey working out contract details. RM2 lets us know there is not hard timeline on the install of the art.
Oct/Nov19 Lots of back and forth trying to get the contract to a vote. Have to ask RM2 a lot to move this forward
12-11-19 Received the contracted
1-15, 2020 Received notice to pause the contract processes 1-16-2020 Asked Seth to rework the entire concept to now suit the Sand Creek Site Feb 2020 Seth had to travel to Brentwood again to undertake a new site visit and present revised visuals. The revision took over 100 hours of design time to accommodate the new site. Had to schedule this trip for 2 dates which resulted in costly airfare changes
2-25-2020 Seth presents new concept to Council and also hosts a community engagement event with Brentwood High School students of art teacher Alisha Douglass 3-5-2020 Council approves Sand Creek Gateway
3-27-20 Project Deposit check finally sent. NOTE: it had been 2.5 years of significant design and administration work to get to this point of a first payment by the City of Brentwood
8-10-20 Emailed RM2 to let her know we would have photos of upright construction around Sept/Oct
10-5-20 Emailed RM2 to let her know process shots would be sent the following week. Laid the groundwork to begin next phase of discussions.
10-13-20 Stacey emails again to get the project moving forward 10-13-20 RM2 replies. Says she understands there may be very real delays to the project due to Covid. Reiterated we should not feel ANY pressure to move fast. RM2 said to begin process of sorting through Site concerns with Public Works Staff as our contact.
We did not have time to reach out because apparently he retired shortly after being recommended.
11 & 12-20 Many emails back and forth regarding our COI….which was fine and we had but the City had unusually difficult formatting requests for our Insurance agent that ate up much time and energy to satisfy.
1-6-20 Reached out to RM2 so we could get traction on discussions with Public Works. The next phase of coordination was critical. We could not go further with our work until we understood the significant site concerns and systems underground. RM2 put us in touch with Staff in Public Works. Were advised that he would be the new person we were to coordinate with. Seth and Public Works Staff had thoughtful conversations to prep for the engineer and site coordination.
1-21-21 Started to bump into problems with engineers due to Covid, Our engineer
came down with Covid and was sidelined for 2 months.
3-9-21 Updated RM2 on our hoped for 2021 schedule and hoping to get traction on the engineer and site concerns. Our engineer was sick for 2 months with Covid. Noted to her we could not plan any installation until we knew when it would be safe to travel AND the project is very, very large and we cannot build it to have it sit around waiting for an installation. We cannot build it until we have a clear green light on the site and utilities underground. Lofted another site visit for July 2021. Did not hear back from RM2
4-21-21 Reached out again to RM2 to get next step talks underway in April and May with a follow up site visit in July. Stressed that these items need to be satisfied before we could go further.
4-22-21 RM2 said she would check with people on the schedule for July. She never got back to us with availability of the key players. In my follow up email to her I stressed my keen interest to get this process in motion. It was impacting my ability to schedule my other projects.
6-28-21 RM2 reaches out to say we should not come in July 2021. As we had not heard back from her as promised, we clearly had not scheduled this travel. She instead asked if we would come in late August once school was back in session. Said she would have utilities marked when Seth arrived.
6-28-21 Stacey let RM2 know to be in touch with the preferred site visit dates. We did not hear back from RM2 until November 2021. NOTE: radio silence on next steps/schedule severely impact our ability to manage our other projects. We have many commissions to coordinate and bumping one thing actually bumps many things and causes us huge logistics problems that are often costly. The ripple effect is very damaging to us.
11-12-21 Received a general hello and let’s catch up email. The plan was to schedule a call for later in the week which we agreed to. No actionable steps came of this brief outreach 6-1-22 Received an email from RM2 asking for an update. This is odd though as the ball was in her court to move the site and engineering concerns forward. No progress was made on these issues, despite outreach and clear directives from us that until we engaged in this level of collaboration, we were in a holding pattern. 6-21-22 We are advised that RM2 has taken another position. New Recreation Manager takes over for RM2
NOTE: The inability to get tangible data on site concerns proves to be a very long hurdle to get over. We were patient and thoughtful working through the questions with the City.
We were waiting on the City and engineers for years.
Recreation Manager 3 (RM3) AS ADMINISTRATOR – 52 emails, many phone calls, at least 10 6-23-22 RM3 asks if we can have an engineer meeting with NV5 and City Engineer. We respond on 7-5-22 as we had been away on an installation. Confirmed we are excited for a meeting and tackling next steps. Did not hear back on the schedule of this until 8-1-22
8-2-22 Told RM3 our engineer from NV5 could meet after 8-10-22 8-22-22 RM3 emails to get the meeting on the books
8-24-22 Had first kick off meeting with new Art Administrator RM3, City Engineer, and NV5.
We were given our first tangible set of Caltran’s documents to review. Note, these is 3+ years after the project launched that we were finally given any concrete documents on the underground mapping, site etc.
9-27-22 City Engineer finally gets documents to NV5 that they can open. 11-9-22 City Engineer outlines his engineering requirements which are entirely outside the scope of our deliverables. NV5 underscores that this ask is way outside the scope of artist responsibilities. City Engineer acknowledges NV5 concern and will talk with RM3.
11-28-22 RM3 is not understanding the need for the “preliminary list” City Engineer came up with. It is not consistent with what we gathered for Douwe on his project which is further ahead.
Typically, Public Works includes that preliminary list in their agreements and we’ve taken notes to include them in any future call so the artist can build them into their proposal. Since it is not in our current agreement, anything City Engineer mentions that is not included in the scope will be the responsibility of the City including any additional cost that would be incurred for such things. I hope that makes sense and hopefully provides some relief.
After this last communication with RM3 everything went radio silent with the Arts Administrator again until 2-22-23
THIEN NGUYEN (RM4) AS ADMINISTRATOR – 264 emails, dozens of calls and conferences
Artist Rising Cost Details
Radiant Convergence
Attachment 5
Artist fee 7,500.00 Artist fee 8,800.00 Artist fee 14,000.00Administration 3,000.00 Administration 3,500.00 Administration 4,000.00Fabrication 57,000.00 Fabrication 62,000.00 Fabrication 67,000.00Stainless Steel 2,000.00 Stainless Steel 2,000.00 Stainless Steel 3,500.00Hardware 3,500.00 Hardware 4,100.00 Hardware 5,000.00Materials 3,000.00 Materials 3,500.00 Materials 5,500.00SS tubing 11,000.00 SS tubing 12,700.00 SS tubing 13,000.00Perf. Metals 5,000.00 Perf. Metals 8,400.00 Perf. Metals 9,500.00Lettering 1,500.00 Lettering 1,750.00 Lettering 2,500.00Powder Coat 11,500.00 Powder Coat 13,500.00 Powder Coat 16,000.00 Subtotal Artist exp 105,000.00 Subtotal Artist exp 120,250.00 Subtotal Artist exp 140,000.00 Planters* 15,500.00 Planters* 23,447.00 Planters*
Footers 3,500.00 Footers 5,040.00 Footers Lighting 7,000.00 Lighting 7,000.00 Lighting Electrician 2,000.00 Electrician 4,000.00 Electrician Site Work 6,000.00 Site Work 8,500.00 Site Work Subtotal Construction 34,000.00 Subtotal Construction 47,987.00 Subtotal Construction ‐ Staging 2,500.00 Staging 3,000.00 Staging 4,500.00Installation* 11,000.00 Installation* 13,000.00 Installation* 17,000.00Travel 4,000.00 Travel 4,500.00 Travel 5,500.00Art transport 3,000.00 Art transport 3,500.00 Art transport 3,500.00Engineering 1,600.00 Engineering 2,500.00 Engineering 2,500.00Modeling 4,400.00 Modeling 4,400.00 Modeling 6,500.00Plaque 1,500.00 Plaque 500.00 Plaque 500.00 Subtotal Installation 28,000.00 Subtotal Installation 31,400.00 Subtotal Installation 40,000.00 Contingency 8,000.00 8,000.00 Contingency 9,500.00 9500 Contingency 0 0 GRAND TOTAL 175,000.00 TOTAL 209,137.00 TOTAL 180,000.00 2019 Cost 2023 Estimated Cost *2025 Amend. 2 Cost
Attachment 6
Information about Project delays and rising costs:
Timeframe: 2017-2025.
Issue/Delay Narrative
Staff Turnover One of the major challenges with the Public Art Space projects has been 4 Recreation Manager have worked on this project including a range of other staff in Engineering and Public Works. This has created lots of time and resources expended by the artist to acclimate new Staff to the project as well as get answers and make progress on various items related to the project.
Timing of the
Project
This project released a Call for Artists in 2017, went through a number of public meetings through the Arts Commission, an ad-hoc of City Council and Arts Commission and was ultimately approved by City Council in February 2020 with an amendment to the location of project (Balfour Road to Sand Creek Road) executed in March 2020. Immediately following the amendment to the artist agreement the Coronavirus pandemic closed down the City. When artists submitted their projects in 2017 (concepts, components, estimated costs, etc.) the artist had worked with the City and completed their agreements, basing their projects and budgets on information prior to the pandemic. The pandemic did provide a number of challenges to this project particularly due to issues of being able to start the project with many businesses and materials being difficult to operate/obtain with shelter in place orders, and supply chain issues and delays related to the pandemic causing issues with the project.
Rising Costs
over Time
Since the execution of the artist agreement with Motivated Metal (and through all the project delays) costs of everything has risen. This is shown through the two following indicators:
Historic April Consumer Price Index (CPI) - Urban Wage Earners and Clerical Workers, San Francisco-Oakland-Hayward, California are as follows:
2020: 0.71%
2021: 4.13%
2022: 6.53%
2023: 3.56%
2024: 3.96%
Engineering News Record (ENR) – Construction Cost Index has also increased annually:
Attachment 6
2020:5.4%
2021:3.4%
2022:14.1%
2023:0.1%
2024: 0%
DIR
Requirements
In 2023 when City Staff worked on amending the agreement with the artist to restart the project, it was realized that this project is required to be registered with DIR as well as comply with all rules and regulations associated with public works projects (including but not limited to prevailing wage, notice requirements and public bidding process, project and contractor registration to DIR, etc.).
Location
Challenges
The City has had multiple conversations with Motivated Metal related to location of the monument as well as issues for sites of the project. After being recommended as a Public Art Space project to City Council in 2019, the project was later re-located from Balfour Road to Sand Creek Road in 2020. In 2023, the project was considered to be relocated within the median, but was ultimately not recommended as it would present additional challenges and delays if on Caltrans property. In 2024, when City Staff did potholing in the median on Sand Creek Road, a drain line was discovered that was ultimately deemed abandoned, but did add to delays for placement of footers for the monument that are needed for structural designs of the art.
Attachment 7
Radiant Convergence
Engineer’s Estimate
Bid
Item
No.
Item Description Est
Qty
Unit Engineer's
Estimate
Extended
Total
1 Mobilization 1 LS $15,000.00 $15,000.00
2 Traffic Control 1 LS $25,000.00 $25,000.00
3 Storm Water Erosion/Pollution Control 1 LS $5,000.00 $5,000.00 4 Clear and Grub 1 LS $5,000.00 $5,000.00
5 18" Cast-in-Drilled-Hole Concrete Piling 100 LF $700.00 $70,000.00 6 Electrical Installation 1 LS $20,000.00 $20,000.00
7 Art Installation 1 LS $40,000.00 $40,000.00
8 Irrigation Installation 1 LS $20,000.00 $20,000.00
10% Contingency $20,000.00
TOTAL ESTIMATE $220,000.00
This is an engineer’s estimate for construction of Radiant Convergence, based on recent bidding for the Public Art Space "Fields of Time" project construction costs. Without finalized structural plans for this project, it is difficult to estimate the cost for construction (i.e amount of concrete needed for Cast in Drilled Concrete Piling).
Other factors that will impact construction costs include the specialized work involved with this art project, market uncertainty with the economy at time this project goes to bid, and the impact of tariffs on construction and materials at time of bid.
Engineering conservatively is estimating construction possibly in the range of $200,000 with a 10% contingency of $20,000. Major cost for construction include concrete work and art installation.
Costs not accounted for in previous construction estimates (estimate by the artist), but were City responsibilities from the beginning of the project include traffic control ($25,000), storm water erosion/pollutant control ($5,000), clear and grub ($5,000), and irrigation installation ($20,000).
Traffic control is high for this project due to the location of the project and the need for vehicle traffic control (as opposed to art project installed in a location that has pedestrian traffic). There may be some cost saving opportunities to have clear and grub, electrical installation, and irrigation installation performed by City Staff, and these opportunities will be considered.
The total bid amount will be refined in the future and City Council will provide final approval of any construction contracts for this project following project bidding.
City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:
Public Art Spaces 337-37244
Description/Justification:
This project consists of the installation of three or more monuments at select locations throughout the City. The project's purpose is to improve the identity of the City at the three or more high traffic areas. Two installation sites identified are: the median at Sand Creek Road in front of the Streets of Brentwood; and Brentwood Boulevard adjacent to the Police Station. Installation of “Fields of Time” adjacent to the Police Station is anticipated in late 2024. Installation of “Radiant Convergence” in the Sand Creek median is estimated in late 2025. The Arts Commission will be an active partner in making recommendations to City Council for future installations.
Project Status:
These project budgets are currently being updated. Estimated completion of current projects is December 2025.
Supplemental Information:
Funding consists of $157,277 from the Public Art Administration Fund and $629,106 from the Public Art Acquisition Fund. The future annual O & M impact is undetermined at this time. The project was included in the City’s Strategic Plan for FY 2016/17 - FY 2017/18.
PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 520 2,480 5,000 $ 8,000
90040 Planning and Design 525 25,000 30,475 $ 56,000
90050 Construction 272,500 71,016 286,367 $ 629,883
90070 Project Administration 10,000 20,500 50,000 $ 80,500 90100 Land/ROW/Acquisitions 12,000 $ 12,000
TOTAL $ 283,545 $ 130,996 $ 371,842 $ 786,383
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL Other 500,000 286,383 $ 786,383
TOTAL $ 500,000 $ 286,383 $ 786,383
PROJECT FINANCING CURRENT PROPOSED
Project Category: Community Facilities Improvements
Location: Citywide - At major vehicular entry
points
Project Manager: T. Nguyen
Project Priority: 1E - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: TBD
Public Art
Requirement: Exempt
General Plan Policy: CSF 5-10
Attachment 9