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HomeMy WebLinkAbout07-15-2014 C3 World Trade Center Public ArtCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Katie Lichtig, City Manager Prepared By: Shelly Stanwyck, Director of Parks and Recreation Melissa C. Mudgett, Recreation and Public Art Program Manager SUBJECT: APPROVAL OF WORLD TRADE CENTER MEMORIAL PUBLIC ART DESIGN AND PUBLIC ART CONTRACT, SPECIFICATION NO. 91018 RECOMMENDATION 1. As recommended by the Cultural Heritage Committee and Architectural Review Commission, conceptually approve the public art design “Standing Tall” for the City of San Luis Obispo World Trade Center Memorial public art project for the City’s Emergency Dispatch Communications Center and Fire Station No. 1 located at 2160 Santa Barbara Avenue. 2. Award a public art contract with Kathleen Caricof in the amount of $62,000 for the design, fabrication and installation of the World Trade Center Memorial public art project, Specification No. 91018. 3. Approve the use and transfer of Public Art Completed Projects funding in the amount of $16,350 to the World Trade Center Memorial projects’ construction phase for site preparation. DISCUSSION Background In 2009, the City of San Luis Obispo received an original steel beam from the fallen World Trade Center in New York City. The World Trade Center artifact, a steel I-Beam measuring approximately 10’x11”x19” (L x W x H) and weighing nearly 1,500 pounds, was delivered to the City nearly five years ago. The City of San Luis Obispo, in collaboration with the City’s Fire and Police Departments, desired to incorporate this artifact into a public art project, memorializing the First Responders of this tragedy. The City desired to have a memorial that would pay tribute to all of the innocent victims of the tragic events of September 11, 2001 and specifically to the 343 Firefighters and 60 Police Officers who lost their lives while rescuing those trapped in the Twin Towers. Art proposals were sought that would showcase the beam in a way that gave justice to the artifact’s national and historical significance and to the City’s public art initiative. The goal of the memorial art piece was to create a unique forum for reflection and commemoration. Public Art Review Process The public art process for this piece began five years ago when the City acquired a beam from the World Trade Center building. On January 19, 2010, the City Council approved a budget allocation of $70,000 in support of this memorial project (Attachment 1). Competition for the design of this memorial art piece began in October 2013 when artists, nation- wide responded to the Request for Proposal. In December 2013, an Art Jury (consisting of neighbors, local businesses, educators, artists, the School Districts’ Elementary Director of July 15, 2014 C3 C3 - 1 WTC Memorial Public Art, Specification No. 91018 Page 2 Instructional Services and both Police and Fire Department staff) assembled and reviewed ninety- seven (97) applications for this project and selected five (5) semi-finalists to return with detailed proposals. An Art Jury review helps to ensure the selection of an art piece is meaningful, conforms to policy and is relevant to the community as a whole. In February 2014, the semi-finalists presented design concepts to the Art Jury. The Art Jury evaluated each semi-finalist’s design concept using public art criteria (Attachment 2) and ultimately made a recommendation for the approval of a single design concept. Proposed public art pieces must receive Advisory Body review and input to ensure compliance with approved historical criteria and public art guidelines. On May 27, 2014, the proposed World Trade Center art piece, as recommended by the Art Jury, was presented to the Cultural Heritage Committee (CHC) for its review and recommendation to the City Council. Further, since the proposed memorial piece is located in a historical district, the residents/businesses located in the Railroad District received a mailed public notification alerting them to the CHC meeting and their opportunity to review and provide the Committee with feedback on the proposed memorial design (Attachment 3 – Vicinity Map). The CHC report and meeting minutes have been provided as Attachment 4. On June 2, 2014, the proposed design was then presented to the City’s Architectural Review Commission (ARC. All public art is required to be reviewed by the ARC for conformity to the City’s Public Art Guidelines. The ARC found that the public artwork proposed for the World Trade Center Memorial project met the City’s Guidelines for Public Art and recommended City Council approval of the project (Attachment 5). The figure below details the City’s public art process from the memorial’s inception through to the final installation and anticipated dedication of the project. 2007-2009 Staff petitions Federal Government, is granted approval and acquires WTC Beam 2010 Council Approves & Allocates Art Funds $70,000 2013-14 FY Art Jury Reviews & Recommends Memorial Design Concept "Standing Tall" MAY / JUNE 2014 Railroad Historic District Public Notification of Memorial Design Cultural Heritage Committee (CHC) and Architectural Review Commission (ARC) Review and Recommend Memorial Design to City Council JULY 2014 City Council Receives Advisory Body Recommendations, Provides Final Review and Conceptual Approval of Memorial Design "Standing Tall" City Council Approves Public Art Contract for Memorial 2014-2015 Site Preparation, Public Art Fabrication and Installation. 2015 Dedication of WTC Memorial Figure 1 – Public Art Process C3 - 2 WTC Memorial Public Art, Specification No. 91018 Page 3 Memorial Design “Standing Tall” As a joint public safety project, the location of the public art memorial is proposed to be located near the front entrance of the City’s Fire Station No.1 and the Emergency Dispatch Center located at 2160 Santa Barbara Avenue (Refer to Vicinity Map Attachment 3). The Memorial project will conform to this courtyard area at the front entrance of this City facility. A flag pole currently sits in the center of the circular courtyard and staff is recommending relocation and other site preparations prior to art installation. The memorial design concept is titled “Standing Tall”. This concept speaks directly to the loss of the 403 Police and Firefighters in the destruction of the World Trade Center twin towers. The emergency workers are each symbolized by a tall solid metal post – 343 Firefighters represented by reddish/rusted steel and 60 Police officers represented by blue anodized aluminum. All 403 posts will be embedded in two concrete bases that follow the arc of the circular plaza. These bases will be low, allowing the sculptural posts to be the main visual impact. The different colored posts will be randomly interspersed with each other, adding a great visual interest while referring to the fact that regardless of their First Responder roles, they all sacrificed together. The inside of the concrete bases will have an inscription of descriptive characteristics. These words are expressive descriptions about shared virtues of the 403 emergency responders. Virtues such as bravery, fortitude, sacrifice, service, strength, commitment, and valor will adorn the inside of the concrete bases as a constant reminder about the remarkable character of the First Responders who sacrificed their lives and about the virtues upon which they proudly stand tall. The World Trade Center I-beam artifact will be presented horizontally, mounted and up lit as if it is floating above its concrete pedestal. Engraved plaques on the base will describe the beams’ significance. Concrete/stone benches will abut the concrete bases and mimic the outside circumference of the circular plaza. This plaza seating will allow for viewers to sit and contemplate their surroundings. Compliant with the City’s night sky ordinance, LED up-lighting will be placed within the concrete bases and will further enhance the site, illuminating both the metal posts and the World Trade Center beam. This design also creates a visual and noise barrier for the Memorial area and is aesthetically engaging to pedestrian and vehicular traffic. C3 - 3 WTC Memorial Public Art, Specification No. 91018 Page 4 The design concept is intended to improve the site, making it an attractive and iconic place to commemorate the lives of the 9/11 Emergency Responders and to create a space for reflection and education. As part of the State’s standardized fifth grade curriculum, the World Trade Center events are now being taught as part of American History. As supported by School District representatives, this memorial will become a destination location for school groups to come learn about our nations’ tragic event, the emergency responders’ lives lost, physically touch the I-beam and make connections about our nations’ resiliency. The conceptual design and artist renderings for “Standing Tall” are provided as Attachment 6. Recommended Site Preparation In January 2010, funding for this project was approved by City Council as part of the 2009-11 Public Art Projects. At that time nearly five years ago, information about exact project location and potential site preparation was unknown. As such, additional funding to support site preparations was not included as part of the approved budget allocation. The proposed memorial location at the entrance courtyard will necessitate the relocation of the flag pole and various other site preparations, such as a tree removal, walkway repairs and landscaping. City staff has met with the City Arborist regarding a potential tree removal. The current tree in question has been identified by the Arborist as a non-native creek species with a shallow root system. At present, the surface roots are causing widespread damage to the surrounding courtyard concrete and wood-plank sidewalk. It has been noted that the uneven walkway terrain has been causing difficulties for current Fire Department administrative staff who utilizes an electric wheelchair as her main mode of transportation. This employee must now cross Santa Barbara Avenue at two separate locations in effort to bypass the uneven surface and gain access to the Fire Station entrance. Staff will continue to work with the Fire Department staff, City Arborist and Tree Committee regarding site improvements for pedestrian access as well as site preparations to accept the proposed memorial design and to add a more appropriate tree species at a more desirable location. About the Artist To ensure the success of this project, it was critical for the Art Jury to select both a design and an artist with extensive experience in both memorial projects and municipal public art installation. Artist Kathleen Caricof of Burbank, California, is responsible for the “Standing Tall” memorial design and has more than 25 years of public art experience. Caricof has worked with sculptors from around the world as an instructor at the MARBLE/marble Institute of Colorado. Since 1996 she has been a Fellow Member of the National Sculptors’ Guild. She has a background as a commercial designer having earned a bachelor’s degree in Industrial Design from the Art Center College of Design in Pasadena, CA. Some of Caricof’s most recent memorial projects include a Veteran’s Memorial, Open Heart City Workers Memorial and the Cerritos Air Disaster Memorial. Additional public art placements have included cities such as Burbank, Cerritos and Longbeach, California well as Greeley, Colorado. Multiple installations by Caricof can be found on the campus of the University of Denver, each achieved in coordination with an architectural design team and carved on-site. She has also placed numerous large-scale sculptures in parks and universities around the country. As supported by the design and artist experience, staff recommends Council award a public art contract with Kathleen Caricof for the fabrication and installation of the World Trade Center Memorial public art project (Attachment 7). C3 - 4 WTC Memorial Public Art, Specification No. 91018 Page 5 CONCURRENCES This memorial design has received the review and concurrence of the Art Jury and the appropriate Advisory Bodies; the CHC and ARC. The CHC meeting minutes and ARC resolution describing the Advisory Body recommendations for the public art World Trade Center memorial project are provided as Attachments 4 and 5. This project has also received the mutual support and concurrence of the Fire and Police Departments. FISCAL IMPACT On January 19, 2010, funding in the amount of $70,000 was approved by City Council as part of the 2009-11 Public Art Projects for the World Trade Center Memorial project. At that time, information about exact project location and potential site preparation was unknown. Currently, there is $63,150 available project budget remaining. Staff recommends Council award a public art contract in the amount of $62,000 with Kathleen Caricof for the design, materials, fabrication and installation of the World Trade Center Memorial public art project (Attachment 7). Staff is also recommending approval of Public Art Completed Projects funding in the amount of $16,350 to support the removal and replacement of the flag pole and various site preparations, such as tree removal, walkway repairs and landscaping. Currently, the Public Art Completed Projects account has a fund balance of $18,150 which can be made available in support of this work. Funding Summary Public Art Budget Approved Budget:$70,000 Project Expenditures To-Date $6,850 Available Project Budget $63,150 Public Art Contract - Caricof $62,000 Remaining Project Budget $1,150 Flag Pole Removal & Replacement $10,000 Site Preparations (Tree Removal, Landscape, Irrigation)$7,500 Project Shortfall ($16,350) Public Art Completed Project Funding Transfer $16,350 $0 Public Art Completed Projects Account Budget:$18,150 Transfer of Completed Projects Funding ($16,350) Available Public Art Completed Projects Post Award $1,800 ALTERNATIVES 1. Deny the award. City Council may reject the conceptual design “Standing Tall” and deny the contract award for public art. Staff does not recommend this option as the proposed design meets historical criteria of the Railroad District and is consistent with approved Public Art Guidelines. The proposed design has been reviewed and C3 - 5 WTC Memorial Public Art, Specification No. 91018 Page 6 recommended by the Art Jury and appropriate Advisory Bodies. Rejection and denial of award could add significant project delays and is unlikely to yield lower bids. 2. Deny transfer of funds. City Council could approve the design concept and award of public art contract as presented but deny transfer of additional Public Art Completed project funds. Flagpole relocation and other site preparations will not be achievable without additional funding and support. Without additional funding, staff would need to solicit grant funding and private donations to complete this work which could add to project delays as work could be completed only as funding is received. ATTACHMENTS 1) Council Agenda Report approving funding, January 19, 2010 2) Public Art Criteria and Guidelines 3) Vicinity and Site Maps 4) Cultural Heritage Committee Report and Meeting Minutes, May 27, 2014 5) Architectural Review Commission Report and Resolution, June 2, 2014 6) Artist Renderings “Standing Tall” 7) Public Art Contract Agreement, Caricof g:\everyone\public art\current projects\wtc memorial\staff reports\council\ecar wtc memorial public art design 91018.docx C3 - 6 FROM: Betsy Kiser, Parks and Recreation Prepared By: Shannon Bates, Recreation Manager SUBJECT: APPROVAL OF PROPOSED 2009-11 PUBLIC ART PROJECTS AND ACCEPTANCE OF PUBLIC ART PIECE “OH GREAT SPIRIT” RECOMMENDATION 1. As recommended by the Capital Improvement Plan Review Committee, approve specific public art projects for funding through the 2009-11 Financial Plan. 2. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), adopt a resolution accepting the donation of the public art piece Oh Great Spirit for installation on the open space at Higuera Street and Prado Road. DISCUSSION Public Art Program In 1990, the City Council established and funded a Visual Arts in Public Places program. The Council determined that 1% of the estimated construction costs of eligible projects in the City’s Capital Improvement Plan Program (CIP) should be set aside for public art. The Public Art Program was further enhanced in 2000 with the adoption of the City’s Public Art in Private Development program which requires property owners and developers to incorporate a piece(s) of art in new developments or substantially improved developments in the City, or pay a public art in-lieu fee. The minimum cost of the public art, including installation, is an amount equal to one-half of one percent of construction costs in excess of $100,000, up to $50,000 maximum fee. As set forth in the City’s Budget and Fiscal Policies, CIP projects are evaluated during the budget process for conformance with the City’s public art policy. While it is generally preferable that public art be incorporated directly into a project, this is not practical or desirable for all projects, especially small projects or those with limited visibility. To ensure that funds are adequately budgeted for this purpose, regardless of whether public art is directly incorporated into the project, funds for public art are identified separately in the CIP (see Attachment 1) . Based on the funding amount established under this approach, the CIP Review Committee makes recommendations, following Financial Plan adoption, for the allocation of this amount by the Council for specific public art projects. This process has been used since the inception of the Visual Arts in Public Places program and has worked well for defining how much the City will set aside each year for public art. During lean years (2003-05, 2005-07 and now again for 2009-11), Council temporarily reduced the percent for public art from 1% to 3/4% to 1/2% respectively to assist with balancing the budget. C3 - 7 2009-11 Public Art Projects & Oh Great Spirit Donation Page 2 In November 2009, the CIP Review Committee met to discuss proposed projects and identified several uses for public art funds for Council approval based on the following criteria: 1. Project has high public visibility and use. This is especially the case, for gateways and high pedestrian use areas. 2. Project should lend itself to the inclusion of public art. 3. Except in limited circumstances, public art is generally not appropriate in landscaped medians due to traffic concerns. On one hand, if the work is significant enough to attract driver attention, it may also result in driver inattention. On the other hand, if it is subtle enough not to have this problem, it probably won’t meet the criteria for high visibility. 4. Project should be public art ready, meaning the project should be nearing the design phase at near or under construction and will be completed within the two-year CIP. 5. The number of projects should be limited in order to focus staff efforts and result in meaningful pieces of public art. A summary of funding sources is provided in the Fiscal Impact section. Proposed 2009-11 Public Art Projects For FY 2009-11, between the General Fund contributions and the funding available in the in-lieu account, $275,500 is available for public art projects ($290,900 is available including donations). Based on the above criteria, the CIP Review Committee recommends the following projects for Council approval: 1. Meadow Park Community Garden ($55,400). Community Gardens across the country have been shown to improve quality of life, provide a catalyst for neighborhood and community development, stimulate social interaction and beautify neighborhoods. Community gardens have also become a popular place for public art; the garden niches, winding pathways and quiet spots for reflection provide endless opportunities for art such as: sculptures, mosaics, iron works, mobiles or more functional art such as benches, bird baths, or reflection gazing balls. The CIP Review Committee felt that the new Rotary Community Gardens at Meadow Park offer an ideal opportunity for a public art project. Of the $55,400 recommended for this project, $15,400 was recently bequeathed to the City by the late Cydney Holcomb and her family and friends specifically for public art. The Community Garden piece will honor Cyd’s contributions to the City during her lifetime, which tirelessly focused on the beautification and safety of our neighborhoods. 2. 9-11 Memorial at Dispatch Center ($70,000). In November, Fire Chief John Callahan submitted a request on behalf of the City of San Luis Obispo to receive a piece of the World Trade Center (WTC) steel that was recovered from the site after the September 11th attacks in 2001. The Port Authority of New Jersey and New York, as well as the September 11th Families Association are part of this effort to distribute steel to organizations interested in creating memorials. This is an opportunity to create a lasting memorial honoring the lives of the 2,973 people lost as well as educating future C3 - 8 2009-11 Public Art Projects & Oh Great Spirit Donation Page 3 generations about the events of September 11, 2001. The intent is for artistic elements to be used to showcase the steel in addition to lighting, installation and interpretive information. Pairing the WTC steel with public art allows for a unique and moving collaboration that will result in a memorable piece of art. In addition, the new Dispatch Center seems to provide a fitting and relative setting for such a memorial. 3. Installation of Oh Great Spirit ($10,000). If accepted as recommended below, the donated sculpture Oh Great Spirit will require funding for installation, lightning and landscape plan and interpretative plaque as conditioned by the Architecture Review Commission (ARC). Full discussion follows below. 4. Maintenance ($15,000). During the 2005-07 Financial Plan process, Council approved an annual allocation of $15,000 to be used for maintenance of the City’s current public art collection. There remains $140,500 in public art funding yet to be allocated. Staff is presently evaluating opportunities for an allocation in tandem with the Downtown Beautification and Enhancement Goal, which will be reviewed by Council at the Mid-Year Budget Review on February 23, 2010. For example, our Downtown presently has a number of unattractive utility/traffic control boxes at various high visibility intersections that are in desperate need of enhancement. The Downtown Association (DA) is familiar with a creative program in the City of Ventura and others popping up all over the country that have tied a public art strategy to convert these “eye sores” into a form of public art. Staff is consulting with the DA and may be able to provide a recommendation for art in the downtown with the February 23 report. Other opportunities include the integration of public art at the Santa Rosa Skate Park. As recommended at the community forums and by the design team staff, a designated space for public art has been identified and is included in the final design for the park. The CIP Review Committee supported public art funding for the skate park and will provide a recommendation for public art with the report authorizing staff to bid the Skate Park project. Approval of public art piece: Oh Great Spirit Background. In 2000, the City Council adopted a Privately Funded Art in Public Places Policy that allows an individual to donate art to the City if the art 1) meets established criteria for public art; and 2) withstands the rigorous review of a jury, the ARC, other commissions where appropriate, and the City Council. In December 2008, the Ernst family approached the City with a donation of the sculpture Oh Great Spirit (see Attachment 2). Per the public art policy, all pieces of donated art are juried. In May 2009, a public art jury reviewed the merits of the piece and recommended acceptance by the City. The next step in the approval process was the review and subsequent approval of Oh Great Spirit by the Architectural Review Commission (ARC) which took place on December 7, 2009. Project Description. Oh Great Spirit is a 11 foot tall cast bronze sculpture of a Native American with a weathered patina. Nationally renowned bronze sculptor, Nell Banister Scruggs, describes C3 - 9 2009-11 Public Art Projects & Oh Great Spirit Donation Page 4 the piece as honoring the sensitive connections between people, plants, medicine and health that Native Americans first discovered. The donated sculpture is proposed to be installed on the City-owned property located on the southwestern corner of South Higuera Street and Prado Road (see Attachment 3). The sculpture will be installed with an engineered footing that is anchored to a concrete pad located approximately 30 feet back from the South Higuera sidewalk. As shown in the photo rendering (see Attachment 4) the sculpture would have a natural backdrop of plants and trees in the adjacent creek corridor. Lighting will consist of three ground-mounted lights that are positioned to illuminate the sculpture at night. Public Art Jury Review. A public art jury consisting of Craig Kincaid (Parks and Recreation Commission), Jim Trask (Artist), Allen Root (Artist), Peaches Olson (original property owner), Christy Hamari (Art in Public Places Committee) and Lauren Bandari (Arts Council) convened on May 22, 2009 to judge the merits of the proposal using the Guidelines for Public Art. The jury evaluated the projects for: 1. Artistic excellence. 2. Appropriateness of scale, form, material, content and design relative to the environment. 3. Relationship to the social, cultural and historical identity of the building. 4. Appropriateness of materials relative to structural and surface integrity, protection against theft, vandalism, public safety and weathering. 5. Ease of maintenance. 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. The jury unanimously recommended Oh Great Spirit for acceptance, describing the piece as “sophisticated and stunning”, “having extraordinary craftsmanship”, and “very impressive.” ARC Review. On December 7, 2009, staff presented Oh Great Spirit to the ARC for discussion and approval. Using the Guidelines for Public Art, the ARC found that the artwork meets the criteria for public art and recommended its approval to the City Council, based on findings and subject to conditions (see Attachment 5). The Commission added the following two conditions: 1. A plaque providing information about the artist and the piece shall be installed near the sculpture. The narrative provided on the plaque shall be a collaborative effort with input from the artist, the City, and the Chumash Tribal Council. 2. A landscaping plan shall be submitted along with plans for a building permit which shows proposed improvements such as a pathway around the piece and includes supplemental planting to highlight the piece that is naturalistic and takes advantage of the site’s riparian backdrop. CONCURRENCES C3 - 10 2009-11 Public Art Projects & Oh Great Spirit Donation Page 5 The proposed public art projects for 2009-11 were developed and recommended by the CIP review Committee. The Public Art Jury and the ARC also reviewed Oh Great Spirit and recommended that the piece be approved for the open space at Higuera Street and Prado Road. The Chumash Tribal Council has been involved in the review and has given approval of the piece subject to signage with language agreed upon by staff and the tribal council. FISCAL IMPACT At one time, $10,000 was programmed for public art in conjunction with the Little Theater Sidewalk Replacement project. However, Public Works staff found that the public art did not easily fit into the construction contract; the limited funding available for this project did not allow for the contractor to work with an artist. In addition, staff was concerned about the close proximity to an existing public art piece and viability for the two pieces to work together cohesively. City Manager approval in September 2009 allowed for the re-programming of the funds for 2009-11 public art projects. Therefore, the CIP allocation for public art, the Public Art In-Lieu fees (private development), the re-programmed funds from the Little Theater Sidewalk project and the Holcomb Trust donation provide a total of $290,900 for public art projects in 2009-11. The following table outlines the recommended projects and funding source(s): Project Funding In-Lieu 09-11 CIP Sidewalk Holcomb Project Total Community Garden 8,20031,800 15,40055,400 9-11 Memorial 70,000 70,000 Oh Great Spirit 10,000 10,000 Maintenenace 15,000 15,000 Reserve 140,500 140,500 Fund Total 233,70031,80010,00015,400290,900 ALTERNATIVES 1. Council could redistribute funds among other projects, allocating more funding than recommended for one project and less for another or could recommend other locations for public art. 2. Council could delete one or more of the projects from the recommended list and redistribute funds among remaining projects. The current recommendation reflects staff’s intent to meet the public art criteria and acquire quality pieces of art for the scale needed for the location. 3. Reject the piece Oh Great Spirit. This is not recommended based upon the concurrences identified above. Should Council choose this alternative it would need to provide staff with direction for finding a new home for the piece. ATTACHMENTS 1. 2009-11 Public Art CIP 2. Letter of donation from Ernst family 3. Vicinity and Site Map for Oh Great Spirit 4. Description and rendering of Oh Great Spirit 5. ARC Findings and Conditions C3 - 11 2009-11 Public Art Projects & Oh Great Spirit Donation Page 6 6. Resolution of Acceptance for Oh Great Spirit T:\Council Agenda Reports\Parks & Recreation CAR\Public Art\09-11 CAR #2.doc C3 - 12 C:\Documents and Settings\sbates\Local Settings\Temporary Internet Files\OLK92\Guidelines for Public Art Revised final draft 10808.doc GUIDELINES FOR PUBLIC ART Architectural Review Commission Criteria 1. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No.1 above applies to location of art. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. 4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. 8. Public art shall be securely installed. Public Art Jury Criteria 1. Public artwork shall be original and of high artistic quality and shall not include any signage or other advertisement or logo, literal or abstract. 2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 4. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. Other Review Criteria Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be given the closest scrutiny, including input from the Cultural Heritage Committee, before approval by the jury. C3 - 13 World Trade Center Memorial Public Art Page 1 of 3 World Trade Center Memorial Project Remembering the Tragic Events of September 11, 2001 REVIEW CRITERIA Each Art Juror will have the ability to review and score each applicant. We have provided a list of possible criteria to consider when scoring an applicant. The juror may choose to focus on any of their criteria provided below, or upon one of their own. This document is meant to provide guidance for the art jury during the selection process.  Pays tribute  Incorporates the steel piece in a manner that is respectful and honors the beam’s significance to fallen fire fighters and police officers (343 Firefighters / 60 Police Officers)  Captures essence of public safety (bravery, honor, brotherhood, sacrifice, selflessness, etc.)  Encourages touch  Space for reflection  Everlasting impressions  Evokes community connection to event  Educational component  Realistic (installation/size 1,500 lbs. 9 ½ feet /budget $62,000)  Scale (big/small)  No manipulation of beam in natural state (minimal alteration for mounting).  Allows for natural weathering of steel.  Local  Sense of Community / SLO  Previous Municipal Experience / past work examples / Resume  References  Sense of location limitations (shielding from traffic, vandalism, fieldtrips, destination, etc.)  Connection to setting and surrounding elements (paths/landscaping)  Technical expertise of past work (experience in successfully completing major outdoor public artwork)  Residence in United Sates of America  Appropriateness of scale, form, material, content and design relative to the site  Relationship to the social, cultural and/or historical identity of the site  Appropriateness of proposed materials in regards to structural and surface integrity, public safety, weathering and its protection against theft and vandalism  High artistic quality  artistic expression C3 - 14 M C-S-S-H C-S-H R-1 PF-H R-1 O C-N-H-MU C-S-H C-N R-2 R-2 C-S-S-H-MU C-S-H-MU R-1 R-1 C-N C-N C-N C-N R-1 C-N R-2 C-S C-S-H R-2 PF R-2 C-N B R O A D EM I L Y FUNSTON LA W T O N SOUTH SA N T A B A R B A R A ROUNDHOUSE BRANCH CH O R R O ALPHO N S O VICINITY MAP File No. 72-142160 Santa Barbara Ave.¯ C3 - 15 RFQ – World Trade Center Memorial Deadline to Apply: November 15, 2013 (before mid-night (MDT) 23:59:59) LOCATION Exhibit C San Luis Obispo Fire Station No. 1 and Emergency Communications Center Located at 2160 Santa Barbara Avenue C3 - 16 SUBJEC Railroad PROJEC FILE NU SUMMA Recomm to the Cit BACKG The City World Tr approxim The City to incorp tragedy. 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Th to the artifa The goal of requires rev n of $70,000 began in Oc an Art Jur g Date: Apri umber: 3 PORT ation No. 1 i Mudgett, Manager Director KEM nior Planner Memorial pr m from the f -Beam meas the City in 2 partments, de esponders o e innocent vi ers and 60 P he City soug act’s nationa f the art piece view by the in support o ctober 2013 ry (consistin il 28, 2014 in the r PJD roject fallen suring 2009. esired f this ictims Police ght art al and e was CHC of this when ng of CHC 3 Page 1C3 - 17 Historic District Public Art Memorial 2160 Santa Barbara Avenue (CHC 72-14) Page 2 neighbors, local business, educators, artists, school district representative and both Police and Fire Department staff) reviewed 97 applications for this project and selected five (5) semi-finalists to return with detailed proposals. On February 28, 2014, the semi-finalists presented their design concepts to the Art Jury. The Art Jury evaluated each semi-finalists’ design concept and public art criteria, ultimately making a recommendation for approval of a design concept for this memorial project. The artist and design selection was a multi-phase process. By having an art jury review, it ensures the selection of an art piece is meaningful, conforms to policy and is relevant to the community as a whole. All public art shall meet the City’s Public Art Guidelines and receive approvals by the appropriate Advisory Bodies and the City Council. Memorial Design Concept The Art Jury is recommending the following design concept, titled “Standing Tall”. This concept speaks directly to the loss of Police and Firefighters killed in the destruction of the World Trade Center twin towers. The emergency workers are symbolized by a tall metal post – 343 Firefighters represented by reddish steel and 60 Police officers represented by blue anodized aluminum. All 403 posts will be embedded in two concrete bases that follow the arc of the circular plaza. These bases will be low, allowing the sculptural posts to be the main visual impact. The different colored posts will be randomly interspersed with each other, adding a great visual interest while referring to the fact that regardless of what hat the first responder wore, they all sacrificed together. Figure 2 – Standing Tall Schematic The I-beam artifact is presented horizontally, mounted as if it was floating above its concrete pedestal. Engraved plaques will describe its significance. Benches provided will allow the CHC 3 Page 2C3 - 18 Historic District Public Art Memorial 2160 Santa Barbara Avenue (CHC 72-14) Page 3 viewers to sit and contemplate their surroundings. LED up-lighting will further enhance the site, illuminating the metal posts and the World Trade Center beam. This design creates a visual barrier for the Memorial area and is aesthetically engaging to pedestrian and vehicular traffic. The site will become an attractive and iconic place to commemorate the lives of the 9/11 Emergency Responders. Figure 3 – Site View “Standing Tall” The World Trade Center Memorial project will be located at the City’s Fire Station No. 1 located at 2160 Santa Barbara Road in the front courtyard (Attachment 1 Vicinity Map). The existing flagpole will be relocated to accommodate the memorial. The conceptual design for “Standing Tall” is provided in Figures 2 and 3. EVALUATION General Plan Policies The proposed World Trade Center Memorial project is located on the southern border of the Railroad Historic District near the intersection of Santa Barbara Road and Broad Street. The proposed memorial design will incorporate materials (wood, stone and metal) representing historical building elements of the neighborhood. Refer to Attachments 2 and 3 for the artist’s rendering of proposed memorial design and artist references. The proposed World Trade Center Memorial project design is consistent with General Plan Land Use Element policies calling for CHC 3 Page 3C3 - 19 Historic District Public Art Memorial 2160 Santa Barbara Avenue (CHC 72-14) Page 4 the identification and improvement of neighborhoods to foster a sense of place. Specific policies include: COSE 3.2 Historical and Architectural Resources The City will expand community understanding, appreciation and support for historic and architectural resource preservation to ensure long-term protection of cultural resources. Railroad Historical District The Railroad District influences San Luis Obispo’s economy, transportation, and urban character. Recognizing the importance of the District, the General Plan identifies the Santa Barbara Street corridor – the main transportation “artery” which links the District with Downtown and State Highway 101 — as a “special design area” and calls for a plan to guide renovation and improvement of buildings, streetscape, landscaping, and public use areas. The Railroad theme is relevant to the history and development of the City. Public Art Process The public art process for this piece began nearly five years ago (in 2009) when the City acquired a beam from the World Trade Center building. In 2010, the City Council approved the memorial project and allocated funds in support. Since then, staff has worked to incorporate this project into the City’s robust public art process. In December 2013, and again in February 2014, an Art Jury convened to review proposals and conceptually approve a memorial design. In 2014, the proposed design will be presented to the Cultural Heritage Committee (CHC) and the Architectural Review Commission (ARC) for its review and approval. As the memorial project is located in a historical district, residents located in the Railroad District have received a mailed public notification alerting them to the CHC meeting and the opportunity to review and provide the committee with feedback on the proposed memorial design. The proposed memorial project is scheduled to be presented to the City’s Architectural Review Commission (ARC) Advisory Body in May 2014 and to the City Council in July 2014. All public art is required to be reviewed by the ARC for conformity to the City’s Public Art Guidelines. Following the review and approval from the CHC and ARC, the City Council will receive Advisory Body recommendations and provide a final review and approval of the World Trade Center Memorial design. Figure 4, as provided below, details the City’s public art process from the memorial’s inception through to the final installation and dedication of the project. CHC 3 Page 4C3 - 20 Historic D Page 5 Figure 4 – Fiscal Im In 2010, the amou design, m Addition ongoing Public A maintena program. RECOM Review t Council a ALTERN A. C c 2009 ‐W Acquired 2010 ‐C Approve Allocate $70,000 District Pub Public Art Tim mpacts as part of th unt of $70,00 materials an nal funds wi maintenance Art Complet ance needs w . 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Staff is be used in gh the City project and a sign. rtain with sp estions. 014 d Historic  Public  tion of  ial design  Heritage  ttee (CHC)  and  mend  ial design ra Avenue (C Council app unding is exp nd installati ncluding rel recommend support of ’s public art attachments, pecific direc May 2014 Architectural   Review  Commission  (ARC) Review  Recommend  Memorial des CHC 72-14) proved a fund pected to sup ion of the m location of t ding funding f site prepa t operating , and recom ction to sta   and  sign July 2 City C Appr Mem desig City C Appr Art C 2015 Pulbi Fabri Insta Dedi WTC ding allocati pport the co memorial pro the flagpole g from the C aration. Ong and mainten mmend to the ff to incorp 2014 Council  roves  morial  gn Council  roves Public  Contract 5 ic Art  ication,   allation &  cation of   Memorial ion in sts of oject. e, and City’s going nance e City porate CHC 3 Page 5C3 - 21 DRAFT SAN LUIS OBISPO CULTURAL HERITAGE COMMITTEE May 27, 2014 ROLL CALL: Present: Committee Members Sandy Baer, Thom Brajkovich, Jaime Hill, Hugh Platt, Patti Taylor, Victoria Wood, and Vice-Chair – Position Vacant Absent: Chair Bob Pavlik Staff: Senior Planner Phil Dunsmore, Recreation and Public Art Manager Melissa Mudgett, and Recording Secretary Diane Clement ELECTION: Election of Chairperson and Vice-Chairperson – Chair Bob Pavlik was re-elected unanimously and Committee Member Jaime Hill was elected Vice-Chair unanimously. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: No minutes were presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Barry Price, SLO, Cal Poly Social Science professor, stated that his Cultural Resources Management students were in attendance to observe how local government manages cultural resources. There were no further comments made from the public. PUBLIC HEARING ITEMS: 1. 976 Leff Street. CHC 61-14; Review of Public Art in the Old Town Historic District; R-3-H zone; City of San Luis Obispo – Parks and Recreation Dept., applicant. (Phil Dunsmore) Recreation and Public Art Manager Mudgett presented the staff report, recommending approval of a mural design for the Kyle Roofing Business Warehouse to the Architectural Review Commission. PUBLIC COMMENTS: Artist Neil Breton, SLO, stated that he lives across the street from the location of the proposed mural. He noted that he has been working with local artists and venues to develop a healthier environment for artists. He stated that he is looking forward to C3 - 22 Draft CHC Minutes May 27, 2014 Page 2 creating this mural project and seeing the immediate impact it will have on the neighborhood. Jennie Griffin, SLO, stated that she supports the artists and the mural project. Victoria Carranza, SLO, stated that she thinks this kind of project spreads inspiration and adds to the hometown personality of Old Town. She supported the project as a respectful piece of art. Sally Lamas, SLO, local artist, supported the mural project and the creation of more murals in the city. There were no further comments made from the public. COMMITTEE COMMENTS: Comm. Member Baer stated that while she loves murals and is compiling a book about them, she would prefer a broader perspective for the subject of this mural instead of the stereotypical Chinese railroad worker which has been done before in the city. She noted how long it has taken to get the mural project to this point and stated she would not oppose it. Comm. Member Wood stated that she knows this corner of the city well and feels very positive about this project. Comm. Member Brajkovich stated that he loves murals and embraces this mural wholeheartedly. He noted that he understands what Comm. Member Baer suggested but that this project does represent local history and has already been accepted by the art jury. He stated that his only concerns are graffiti and vandalism which have been addressed by the planned lighting and ant-graffiti coating. Comm. Member Taylor stated that she supports this project. Comm. Member Hill supported the project but noted that if there is any flexibility allowed by the art jury to explore other themes around the railroad, it should be done. Recreation and Public Art Manager Mudgett stated that the art jury tries to avoid designing the art for the artist and that this project has met all the design requirements. She stated that staff will do the notification process for presentation to the Architectural Review Commission on June 16 and will extend notification to the history museum. Comm. Member Hill emphasized looking to SLO Railroad Museum for inspiration on the mural. There were no further comments made from the Committee. C3 - 23 Draft CHC Minutes May 27, 2014 Page 3 On motion by Comm. Member Brajkovich, seconded by Comm. Member Baer, to approve the mural design for the Kyle Roofing Business Warehouse to the Architectural Review Commission. AYES: Committee Members Baer, Brajkovich, Hill, Platt, Taylor, and Wood NOES: None RECUSED: None ABSENT: Comm. Member Pavlik The motion passed on a 6:0 vote. 2. 2160 Santa Barbara Avenue. CHC 72-14; Review of Public Art for World Trade Center Memorial at Fire Station 1; PF-H zone; city of San Luis Obispo – Parks and Recreation Dept., applicant. (Phil Dunsmore) Recreation and Public Art Manager Mudgett presented the staff report, recommending approval of a public art design for the City’s World Trade Center Memorial project to the City Council. PUBLIC COMMENTS: Jennie Griffin, SLO, stated she was on the art jury for this project and that it was fascinating that all the other artists who applied to do this project presented the beam vertically while the chosen artist did research and discovered that this beam was most likely a horizontal beam. She noted that this memorial will be a tactile experience. Garret Olson, SLO Fire Chief, stated that he worked at the World Trade Center site after 9/11 so this memorial has personal meaning and value for him. He noted he is thrilled with the design and that horizontal beam better conveys the somberness of the memorial. He stated that he wants people to be inspired, not depressed, by those who gave their lives. Stephen Gesell, SLO Police Chief, stated that the memorial will be a phenomenal tribute and will also be educational for those who visit it. Kathy Teufel, SLO County Arts Council, stated that she was on the art jury and that this design was the one that touched people the most on the jury. There were no further comments made from the public. COMMITTEE COMMENTS: Comm. Member Baer supported the design and asked about relocation of the flag pole. Recreation and Public Art Manager Mudgett replied that the flag pole location has not been decided but the large, fast-growing, non-native tree at the fire station may be replaced with smaller, slower growing trees so the flag pole could be placed in the lawn. C3 - 24 Draft CHC Minutes May 27, 2014 Page 4 Comm. Member Platt stated that the memorial is wonderful and austere, which it should be, and the entire design has coherence. Comm. Member Wood thanked the Fire Department for getting the beam from the World Trade Center. Fire Chief Olson stated that many people were involved in getting the beam here and that Recreation and Public Art Manager Mudgett helped push the project. Comm. Member Brajkovich stated that he likes the design and prefers that the flag pole not be near or part of the memorial. Comm. Member Hill noted that the memorial will be a good gathering place and a place for contemplation There were no further comments made from the Committee. On motion by Committee MemberTaylor , seconded by Committee Member Platt, AYES: Committee Members Baer, Brajkovich, Hill, Platt, Taylor, and Wood NOES: None RECUSED: None ABSENT: Comm. Member Pavlik The motion passed on a 6:0 vote. COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast by Senior Planner Dunsmore: 1) Mission Medical will be coming back for review. 2) Bluebird Salon made unpermitted changes to the exterior of an historic building which have not been removed; should be coming to the City for permitting at some point in the future. 3) June 23, 2014, hearing will include a project on Osos Street and a proposed endorsement to nominate the La Loma Adobe for the National Register. ADJOURNMENT: The meeting was adjourned at 6:40 p.m. Respectfully submitted by, Diane Clement Recording Secretary C3 - 25 ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT SUBJECT: Review of public art proposed to be installed at Fire Station No. 1 as part of the World Trade Center Memorial. PROJECT ADDRESS: 2160 Santa Barbara Ave BY: Melissa Mudgett, P&R Manager Phone Number: 805-781-7296 E-mail: mmudgett@slocity.org FILE NUMBER: ARC-PA 72-14 FROM: Pam Ricci, Senior Planner RECOMMENDATION: Adopt the Draft Resolution (Attachment 1), which finds that the public artwork proposed for the World Trade Center Memorial project at Fire Station No. 1 meets the City’s Guidelines for Public Art, based on findings, and subject to conditions, and recommend City Council approval of the project. SITE DATA Applicant City of San Luis Obispo Representative Melissa Mudgett, Parks & Recreation Department Zoning Public Facility (PF) General Plan Public Facility Site Area Approx. 2.65 acres Environmental Status Categorically Exempt under Class 11, Accessory Structures, of the CEQA Guidelines. SUMMARY The City of San Luis Obispo has received an original steel beam from the fallen World Trade Center in New York City. The World Trade Center artifact, a steel I-Beam measuring approximately 10’x11”x19” (L x W x H) and weighing nearly 1500 lbs, was delivered to the City in 2009. The City of San Luis Obispo, in collaboration with the City’s Fire and Police Departments, desired to incorporate this artifact into a public art project, memorializing the First Responders of this tragedy. The City desired to have a memorial that would pay tribute to all of the innocent victims of the tragic events of September 11, 2001 and specifically to the 343 Firefighters and 60 Police Officers who lost their lives while rescuing those trapped in the Twin Towers. The City sought art proposals that would showcase the beam in a way that does justice to the artifact’s national and historical significance and to San Luis Obispo’s public art initiative. The goal of the art piece was to create a forum for reflection and commemoration. Meeting Date: June 2, 2014 Item Number: 1 Project Site C3 - 26 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 2 Figure 1 – WTC Steal I-Beam On January 19, 2010, the City Council approved a budget allocation of $70,000 in support of this memorial project. The competition for the design of this memorial began in October 2013 when artists, nation-wide, applied for the project. In December 2013, an Art Jury (consisting of neighbors, local business, educators, artists, school district representative and both Police and Fire Department staff) reviewed 97 applications for this project and selected five (5) semi-finalists to return with detailed proposals. On February 28, 2014, the semi-finalists presented their design concepts to the Art Jury. The Art Jury evaluated each semi-finalist’s design concept and public art criteria, ultimately making a recommendation for approval of a design concept for this memorial project. The artist and design selection was a multi-phase process. By having an art jury review, it ensures the selection of an art piece is meaningful, conforms to policy and is relevant to the community as a whole. 1.0 COMMISSION’S PURVIEW The project is a public art proposal at a City-owned facility. All public art shall meet the City’s Public Art Guidelines and receive approvals by the appropriate Advisory Bodies and the City Council. The City’s Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. The ARC’s role is to determine whether the proposal is consistent with these criteria. 2.0 PROJECT INFORMATION 2.1 Site Description As a joint public safety project, the location of the public art shall be at flag pole located near the front entrance of the San Luis Obispo Fire Station No.1 and the Emergency Dispatch Center located at 2160 Santa Barbara Avenue. The exact placement of the memorial shall be at the original flag pole location as identified in Figure 2. A flag pole currently exists in the center of the circular courtyard and is recommended for relocation prior to art installation. The Memorial project will conform to this courtyard area at the front entrance of this City facility. C3 - 27 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 3 Figure 2 – Project Location 2.2 Project Description The design concept is titled “Standing Tall”. This concept speaks directly to the loss of Police and Firefighters killed in the destruction of the World Trade Center twin towers. The emergency workers are symbolized by a tall metal post – 343 Firefighters represented by reddish/rusted steel and 60 Police officers represented by blue anodized aluminum. All 403 posts will be embedded in two concrete bases that follow the arc of the circular plaza. These bases will be low, allowing the sculptural posts to be the main visual impact. The different colored posts will be randomly interspersed with each other, adding a great visual interest while referring to the fact that regardless of what hat the first responder wore, they all sacrificed together. The I-beam artifact is presented horizontally, mounted as if it was floating above its concrete pedestal. Engraved plaques will describe its significance. Benches provided will allow the viewers to sit and contemplate their surroundings. LED up- lighting will further enhance the site, illuminating the metal posts and the World WTC Memorial Location Figure 3 – Standing Tall Schematic C3 - 28 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 4 Trade Center beam. This design creates a visual barrier for the Memorial area and is aesthetically engaging to pedestrian and vehicular traffic. The site will become an attractive and iconic place to commemorate the lives of the 9/11 Emergency Responders. The conceptual design for “Standing Tall” is provided in Figures 3 and 4. Figure 4 – Site View “Standing Tall” 3.0 PROJECT ANALYSIS The public art process began nearly five years ago (in 2009) when the City acquired a beam from the World Trade Center building. In 2010, the City Council approved the memorial project and allocated funds in support. Since then, staff has worked to incorporate this project into the City’s robust public art process. In December 2013, and again in February 2014, an Art Jury convened to review proposals and conceptually approve a memorial design. On May 27, 2014, the proposed design was presented to the Cultural Heritage Committee (CHC) for its review and recommendation to the Architectural Review Commission (ARC). As the memorial project is located in a historical district, the residents/businesses located in the Railroad District have received a mailed public notification alerting them to the CHC meeting and the opportunity to review and provide the committee with feedback on the proposed memorial design. The proposed memorial project is being presented to the City’s Architectural Review Commission (ARC) Advisory Body on June 2, 2014. City Council will have the final opportunity to review and recommend approval of the public art piece at its July 15, 2014 C3 - 29 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 5 meeting. All public art is required to be reviewed by the ARC for conformity to the City’s Public Art Guidelines. Following the review and approvals of the CHC and ARC, the City Council will receive Advisory Body recommendations and provide a final review and approval of the World Trade Center Memorial design. Figure 5, as provided below, details the City’s public art process from the memorial’s inception through to the final installation and dedication of the project. Figure 5 – Public Art Process The City’s Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. Staff has provided statements (in italics) identifying whether the proposal meets the criteria, which the Commission can adopt or modify as desired. 1. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for public art are permitted, and should be freely open and accessible to the public. The planned World Trade Center Memorial project, “Standing Tall”, is to be placed on City-owned property located at Fire Station No. 1 and the City Emergency Dispatch Center (2160 Santa Barbara Avenue). The front courtyard is accessible to the public 24/7. The intent is to provide this space as a location for reflection as well as a destination for school groups to come and learn about our nations’ tragic events as a part of the school district US history curriculum. C3 - 30 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 6 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guidelines No. 1 above applies to location of art. Not applicable. This is a city-funded public art project. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. The location of the site lends itself to the memorial. The World Trade Center steel I-Beam is approximately ten feet long, weighing 1,500 pounds. The vertical steel rods, representing each of the 403 emergency responder lives lost, will be secured within a 2-foot high concrete planter box and will extend 8 feet above the box. Both the horizontal placement of the beam and the vertical rods will provide a visual experience for memorial visitors. Due to the open nature of the location, the scale is appropriate and provide context for the piece. The space between the vertical rods will assures visibility of the beam in the center courtyard and will help to define the entry to the fire station/dispatch center. The project is consistent with the general design principles included in the Community Design Guidelines for new projects to fit the site, be logically located in terms of surrounding uses and to take in account future maintenance concerns. 4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. The proposed public art, “Standing Tall” is compatible with its City facility location and appropriately integrated existing site. The design incorporates steel, aluminum, concrete and stone as well as rust/earthy colors that are appropriate to the aesthetics of Railroad Historic District. 5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. The proposed public art has been integrated into the existing facility setting at the main courtyard entrance of Fire Station No. 1 and the Emergency Dispatch Center. This location does not impede pedestrian or vehicle traffic. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. Placement of the artwork (steel beam and rods) creates no public health or safety concerns. The proposed memorial design incorporates the 10-foot steel I-beam into the C3 - 31 ARC-PA 72-14; 2160 Santa Barbara Avenue (June 2, 2014) Page 7 center courtyard with the steel rods encompassing the courtyard. The vertical steel rods will not impede a visual line of site to the I-beam. The height of the rods discourages climbing. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. Lighting will be included in both the rod bases as well as for the I-beam. Lighting will be integrated into the concrete bases to provide up lighting for the vertical rods. Lighting will also be incorporated in the stone pedestal which will support the I-beam; thereby providing soft illumination under the I-beam. Illumination levels will be low to avoid light trespass and minimize any impacts to neighboring residents or businesses. Lighting fixtures shall be properly directed and shielded consistent with Section 17.23.050 of the Zoning Regulations. Staff will solicit landscape recommendations/modifications as proposed by the Tree Committee and City Arborist to ensure plantings and landscape maintenance are in accordance with City standards. 8. Public art shall be securely installed. The memorial design shall be integrated in the existing site and will be in accordance with the City’s Standards and Specifications for engineering. Community Design Guidelines Chapter 6.4 of the Community Design Guidelines discusses the procedural criteria for the selection and placement of public art. As proposed, the artwork is consistent with the guidelines. 4.0 ALTERNATIVES 4.1. Determine that the proposed memorial public art is inconsistent with the City’s Community Design Guidelines, or the City’s Public Art Policy, based on findings. 4.2 Continue action with direction to the staff if more information is necessary in order to render a decision. 5.0 ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Artist Renderings “Standing Tall” 4. Cultural Heritage Committee May 27, 2014 Meeting Minutes (to be provided at the meeting) C3 - 32 C3 - 33 C3 - 34 C3 - 35 C3 - 36 Signage on West Side of wall Planter Beam- Provided by SLO Fire Dept. Concrete/ Limestone Bench Seating for 6-8 People Concrete/ Limestone Bench Seating for 3-4 People To Bell Green -area for Words in Concrete CARICOF sculpture CONCEPT STANDING TALL SITE PLAN#2 3-6-2014 Poles in Planter Represent Firemen and Police Steel with Rust Finish Steel with blue Paint Steel with Another Color for # Women ? Green -area for Words in Concrete Blue - Lighting Concrete/ Limestone Bench Seating Steel Letters with Rust Finish Signage, Poles, Beam Parking World Trade Center Memorial VIEW 1 VIEW 2 C3 - 37 C3 - 38 CONCEPT STANDING TALL VIEW 1 ENTRANCE FROM PARKING CARICOF sculpture World Trade Center Memorial Bell World Trade Center Memorial Entrance from Parking C3 - 39 C3 - 40 Contract No. draft 1 AGREEMENT FOR COMMISSION OF PUBLIC ART WORK THIS AGREEMENT was made and entered into this 15th day of July 2014, by and between the City of San Luis Obispo, a charter city and municipal corporation (hereinafter the “City”), and Kathleen Caricof and J. K. Designs, Inc., a Colorado Corporation doing business as the National Sculptors’ Guild (hereinafter referred to as “Artist”). WITNESSETH WHEREAS, in 2009, the City of San Luis Obispo petitioned the New York Port Authority and received a steel I-beam artifact measuring approximately 10’x11”x19” (L x W x H) and weighing nearly 1,500 pounds from the World Trade Center Building; and WHEREAS, The City desired to have a memorial that would pay tribute to all of the innocent victims of the tragic events of September 11, 2001 and specifically to the 343 Firefighters and 60 Police Officers who lost their lives while rescuing those trapped in the Twin Towers; and WHEREAS, on January 19, 2010, the City Council authorized funding for a memorial public art project at Fire Station No. 1 located at 2160 Santa Barbara Avenue; and WHEREAS, the competition for the design of this memorial began in October 2013 when Artist, nation-wide, applied for the project; and WHEREAS, on February 28, 2014, an Art Jury evaluated design concepts and public art criteria, ultimately making a recommendation for approval of a design concept “Standing Tall” for this memorial project; and C3 - 41 Contract No. draft 2 WHEREAS, the proposed design was presented to the Cultural Heritage Committee on May 27, 2014 and the Architectural Review Commission on June 2, 2014, was found consistent with the approved Public Art Guidelines and in accordance with San Luis Obispo Municipal Code Chapter 17.98; and WHEREAS, on July 15, 2014, the City Council approved of the Artist’s proposal recommended by the Public Art Jury, Cultural Heritage Committee and Architectural Review Commission; and WHEREAS, the Artist is recognized as a professional Artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist work; and WHEREAS, the City desires the Artist to create an original work of art entitled “Standing Tall” for World Trade Center Memorial Project located at the City’s Emergency Dispatch Center and Fire Station No. 1 at 2160 Santa Barbara Avenue, San Luis Obispo, California. The Artist’ concept design (Attached as Exhibit A), has been reviewed and approved by the City, and; NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: C3 - 42 Contract No. draft 3 ARTICLE 1: SCOPE OF SERVICES 1-1 GENERAL (a) The Artist shall perform all services and furnish all supplies, materials, Artist and agent travel, and equipment as necessary for the design, execution, fabrication, transportation, and installation of the Work at the Site, and in accordance with the terms in this Agreement. 1-2 REVIEW OF THE PROPOSAL (a) The Artist or designee shall prepare and submit to the City artwork Specifications and technical structural drawings of the Work in accordance with the proposed design and elements as presented to the Art Jury. This would include detailed elevation and plans for the concrete bases, steel rods (and assembly of steel rods into the concrete bases), I-beam support, concrete benches and lighting (in concrete bases uplighting the rods and the pedestal uplighting the I-beam) prior to the installation and in compliance with appropriate codes. The Artist renderings for the World Trade Center Memorial project design is provided as Exhibit A. 1. Figures A, B, C depicts the WTC Memorial Design as recommended. (Figure A – beam) Figure B – Concrete Bases and Rods C3 - 43 Contract No. draft 4 Figure C. – Concrete Bench Virtues (b) The Artist or designee shall prepare and submit to the City a proposal of artwork, containing the following items, which shall be hereinafter referred to as the “Proposal” (Attached as Exhibit B). i. One copy of a written description of the Work which includes the following information:  Professional resumes;  References;  Artist Statement (Approach to project);  Graphic renderings;  Estimated project budget;  Work plan and Production Schedule;  Proposed list of subcontractors (those known to date);  Other information about the Work as may be reasonably required by the City in order to certify the compliance of the Work with applicable statutes and C3 - 44 Contract No. draft 5 ordinances. Said exhibits will become the property of the City upon submission by the Artist. Upon request by Artist, the City shall promptly furnish all available exhibits in connection with said submission at the Artist’ expense. (c) Upon approval by the City Council and written direction to move forward, the Artist shall commence with design, fabrication, transportation, and installation of the Work at the Site. (d) The City may require the Artist to make such revisions to the proposed Work as are necessary for the Work to comply with applicable statutes, ordinances, or regulations governing the project. (e) The City may require revisions of the Work for practical (non- aesthetic) reasons. (f) The Artist fee may be equitably adjusted for any increase or decrease in the Artist’ cost of, or time required for, performance of any revisions pursuant to this Section 1-2. Any claim of the Artist for adjustment under this paragraph must be presented to the City in writing within thirty (30) days after the date of the revision by the Artist. (g) Within thirty (30) days after receipt of the Artist’ revisions, pursuant to this Section 1-2, the City shall notify the Artist of its approval or disapproval of such revisions. The City may require the Artist to submit additional revisions until such revisions are accepted by the City. Revisions made and accepted by the City pursuant to this Section 1-2 become a part of the final design, technical specifications and fabrication C3 - 45 Contract No. draft 6 and installation schedule of the Work, which shall be attached to this Agreement as a revised “Exhibit B”. 1-3 EXECUTION OF THE WORK (a) Pursuant to Section 1-2 above, the Artist shall commence fabrication of the Work, in accordance with such schedules. Although the schedule may be amended by written agreement between the City and the Artist, it is agreed that the Artist shall perform all of the obligations under this contract on or before December 31, 2015. (b) The City shall have the right to review the Work at reasonable times during the fabrication. The Artist shall submit to the Public Art Manager in writing monthly progress reports. (c) The Artist shall complete the fabrication and installation of the Work in substantial conformity with the approved Proposal. (d) The Artist shall present to the City, in writing, for further review, any “significant changes” in the scope, design, color, size, material, or texture of the Work not permitted by or not in substantial conformity with the Proposal. A “significant change” is defined as, but not limited to: i. Any material change in the scope, design, color, size, material, texture, or location of the Work on the Site; ii. Any material change in the Work that affects installation, scheduling, site preparation, or maintenance for the Work; or iii. Any change in the concept of the Work as represented in the accepted proposal. C3 - 46 Contract No. draft 7 (e) If changes reviewed by the City are not approved, the Artist will not resume the Work nor resume the payment schedule until changes to the Work are reviewed and approved by the City. 1-4 DELIVERY AND INSTALLATION (a) Prior to commencement of work at the Site, the Artist shall notify the City of schedules seven (7) days in advance of installation, or site work, to allow for coordination with contractor, Fire Department, Public Works or Parks and Recreation personnel responsible for maintaining and operating the site. (b) The Artist shall be responsible for all expenses, labor, insurances and permits. (c) The Artist shall work with the City staff (Community Development Department) to apply and receive an Encroachment Permit. A no-fee Encroachment Permit shall be issued to the licensed contractor responsible for the construction and staging, herein referred to as “permittee”. (d) A Traffic control plan, if determined by the City as needed during The public art project installation shall be provided by the Artist in accordance with adopted City Engineering Standards. A Temporary Traffic Control Application is provided as attached Exhibit C. (e) Prior to delivery/installation of the Work, Liability Insurance shall be provided by the permittee with the City listed as additionally insured in accordance with City standards. C3 - 47 Contract No. draft 8 (f) Prior to delivery/installation of the Work, the Artist shall notify the City’s Public Art Manager in writing when fabrication of the Work is 100% completed and the Artist is ready for delivery of the Work to the Site. This notification represents “Midpoint of Agreement”. Upon notification and review of “midpoint”, payment may be release upon determination by the Public Art Manager. (g) The Artist shall provide for completion of the Work in compliance with appropriate codes and the approved schedule. 1-5 POST INSTALLATION (a) Within thirty (30) days after the installation of the Work, the Artist shall furnish the City with the following documentation of the Work as installed: i. One set of digital photographs of the completed Works, from different viewpoints; including the concrete bases, rods, beam, plagues and signage; ii. The City shall have the right to duplicate and distribute for any noncommercial purpose the artwork documentation supplied by the Artist under this Agreement; iii. The Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or dedication ceremonies relating to the transfer of The Work to the City. The City shall use its best efforts to arrange for publicity for the completed work in such art publications and C3 - 48 Contract No. draft 9 otherwise as may be determined between the City and the Artist as soon as is practical following installation. (b) Upon post completion of this project and request for final acceptance, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Work as described in the Maintenance and Conservation Form (Attached as Exhibit D). 1-6 FINAL ACCEPTANCE (a) The Artist shall advise the City’s Public Art Manager in writing when all services required under this Agreement have been completed in substantial conformity with this Agreement. (b) Within thirty (30) days following Artist’ notification, the City shall notify the Artist in writing of the final acceptance (or non-acceptance) of the Work. (c) Final acceptance shall be effective as of the earlier of the following dates: i. The date of the City’s notice of final acceptance; or ii. The 30th day after the Artist has sent written notice to the City required under Section 1-6(a) unless the City, upon receipt of such 30-day notice and prior to the expiration of the 30-day period, gives the Artist written notice specifying and describing the services, which have not been completed. C3 - 49 Contract No. draft 10 1-7 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damages until final acceptance. 1-8 INDEMNITY Upon final acceptance of the Work, the Artist shall indemnify and hold the City and its elected officials, employees, and/or agents harmless from any and all claims or liabilities then existing or arising thereafter from the Artist’ negligence or willful misconduct in connection with the Work. 1-9 TITLE, ASSIGNMENT OF ROYALTY RIGHTS, AND WAIVER (a) Title to the Work shall pass to the City upon final acceptance. The Artist hereby assigns the right to collect any royalty payment provided by Civil Code section 986(a) to the City and to the City’s assigns. (b) Except as expressly provided below, the City shall not intentionally damage, alter, modify, or change the Work without the prior written consent of the Artist. (c) The Artist acknowledges and agrees that the City may require the Site for purposes other than the display of the Work. The City agrees that it will notify the Artist of any proposed alteration of the Site that would require the removal or relocation of the Work or affect the intended character and appearance of the Work and will consult with the Artist in the planning and execution of any such removal, relocation, or alteration and will make a reasonable effort to maintain the integrity of the Work. C3 - 50 Contract No. draft 11 (d) The Artist acknowledges and agrees that the City retains the right to relocate or remove the Work from public display for any reason, at the sole discretion of the City. Reasons for removing the Work from public display shall include, but not be limited to: hazards to public health, safety or welfare; unsightly or deteriorated conditions of the Work; or the need to access, repair and maintain public facilities. (e) Except as provided above, the Artist expressly waives, for himself and his successors in interest, to the greatest extent allowed by law, any rights he or she may have under California Civil Code sections 986, 987, 988 and 989. ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE 2-1 AGREEMENT AMOUNT AND PAYMENT (a) The City shall pay the Artist an amount not to exceed $62,000, which will constitute full compensation and payment for all services to be performed under this Agreement including execution, fabrication, insurance, permits, materials, Artist and/or agent travel, transportation, and installation. This contract amount excludes project lighting and lighting costs. Payments shall be made in accordance with Schedule as outlined below. Commencement of Agreement/Fabrication Forty five percent (45%) ($24,800) of the payment upon execution of Agreement. C3 - 51 Contract No. draft 12 Midpoint of Agreement Forty five percent (45%) ($24,800) of the payment upon completion of 50% of the total project work (mid-point) as determined by the Public Art Manager. The Artist shall submit to the Public Art Manager reports in accordance with the schedule required by Section 1-3(b). In addition to progress reports, the Artist shall notify the City’s Public Art Manager in writing when fabrication of the Work is completed and the Artist is ready for delivery of the Work to the Site. Final Acceptance Ten percent (10%) ($12,400) of the payment upon completion of all outstanding work and review and acceptance of Work by the City. Artist shall submit in writing to the City’s Public Art Manager when all services required under this Agreement have been completed in substantial conformity with this Agreement. The Artist’ final submittal to the City shall include the Maintenance and Conservation Form (provided as Exhibit D). The City has thirty (30) days following Artist notification to respond in writing of the final acceptance (or non-acceptance) of the Work and release final payment. (b) Any project lighting shall be in accordance with Architectural Review Commission recommendations and with City "Night Sky C3 - 52 Contract No. draft 13 Ordinances" to ensure proper lighting for public viewing, but not glaring or light spillage which can create traffic conflicts. (c) All payments shall be issued within thirty (30) days of written requests for payment submitted to the Public Art Manager. 2-2 ARTIST’ EXPENSES The Artist shall be the responsible party for all mailing or shipping charges on submissions to the City, and the costs of all travel by the Artist and the Artist agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3: WARRANTIES 3-1 WARRANTIES OF TITLE The Artist represents and warrants that: (a) The Work is solely the result of Artistic effort of the Artist; (b) Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (c) That the Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) The Work is free and clear of any liens or claims from any source whatsoever. 3-2 WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants that: C3 - 53 Contract No. draft 14 (a) The execution and fabrication of the Work will be performed in a professional manner (expert, qualified, skilled); (b) The Work, as fabricated and installed, will be free from defects in material (except such defects as are normally present and unavoidable in natural materials and outlined in Proposal) and workmanship, including any defects or qualities which cause or accelerate deterioration of the Work; and (c) Reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations by the Artist to the City; (d) The warranties described in this Section 3-2 shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the instruction of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional standards, including for example, cure by means of repair or refabrication of the Work as determined by the City. 3-3 WARRANTIES OF WORK The Artist represents and warrants that: (a) The Work will not substantially vary or deviate from the City approved Work without the prior written consent of the City. C3 - 54 Contract No. draft 15 (b) The Work will not include any hidden, subliminal or camouflaged messages or statements of any kind or nature. ARTICLE 4: INSURANCE 4-1 GENERAL Before commencement of any work at the site, the Artist shall apply for and must receive approval for an Encroachment Permit from the Community Development Department. The permit requires execution of a Hold Harmless Agreement and an Agreement to provide insurance for the duration of the work performed. The insurance specifications required in a standard Encroachment Permit include general liability insurance with a $1,000,000 combined single limit, and an endorsement adding the City, its agents, officers, and employees as additional insured. If the Artist is using a vehicle for delivery and installation, automobile liability insurance is required and, if the Artist have additional workers directly employed, Workers Compensation insurance is required at the statutory limits. The Encroachment Permit application (attached as Exhibit E) provides additional details. The Artist shall not commence work under this Contract until the Artist has secured all insurance required under this section, and provided written proof to the City, nor shall the Artist allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained and submitted to the City in writing. C3 - 55 Contract No. draft 16 ARTICLE 5: COPYRIGHT 5-1 Copyright in the Work and related design, drawings, sketches, and models will be owned by the Artist until acceptance of the Artist Work by the City pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist agrees not to make use of such copyright in the Work for any purpose other than the performance by the Artist of the Artist obligations under this Artwork Agreement, without the written consent of the City. Upon acceptance of the Artist’ Work pursuant to Section 1–6 hereof, copyright in the Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist or the City without the written consent of the other, which consent will not be unreasonably withheld. 5-2 The Artist certifies that the Artwork is a unique work of art especially designed for the City, and shall not duplicate or reproduce the Work no r shall the Artist permit others to do so except with the written permission of the City. 5-3 The City has the right to reproduce and distribute in printed form and on commercial documents and or brochures or any other literature of the City describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Artist for such use. C3 - 56 Contract No. draft 17 5-4 CREDIT TO THE ARTIST All reproductions of the Work by the City shall contain a credit to the Artist. 5-5 CREDIT TO THE CITY The Artist shall use his best effort to give a credit in any public showi ng under the Artist’ control of illustrations of the Work as follows: “An original work owned and commissioned by the City of San Luis Obispo, California.” ARTICLE 6: ARTIST’ RIGHTS 6-1 MAINTENANCE The City shall reasonably protect and maintain the Work against the ravages of time, vandalism, and the elements, in accordance with the instructions of the Artist provided under Section 1-5(b) Maintenance and Conservation of Public Art. 6-2 ARTIST REPRODUCTION RIGHTS Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non- commercial educational materials and brochures advertising or promoting the Artist and the Artist’ career, two-dimensional images such as photos, slides or realistic renderings, video tapes, or films of the Work as installed and formally accepted by the City. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty C3 - 57 Contract No. draft 18 fee shall be due and payable to the Artist for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City of San Luis Obispo. ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist shall not be supervised by any employee or official of the City nor shall the Artist exercise supervision over any employee or official of the City. The City alerts the Artist to the provisions of the Labor Code §1771, which may require the payment of prevailing wages. ARTICLE 8: ASSIGNMENT, TRANSFER AND SUBCONTRACTING Neither the City nor the Artist shall assign or transfer any interest in this Agreement without prior written consent of the other. The Artist may subcontract portions of the services to be provided hereunder at the Artist’ expense provided that said subcontracting shall not affect the design, appearance or visual quality of the Work and shall be carried out under the personal supervision of the Artist, and in accordance with all applicable laws. C3 - 58 Contract No. draft 19 ARTICLE 9: TERMINATION If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely or proper manner, or otherwise violate any of the covenants or agreements material to this Agreement, then the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have ten (10) days after receipt of the notice to cure the default. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City’s option, become City property. This, however, shall not relieve the Artist of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist. In addition to all other remedies, the City may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined. ARTICLE 10: CONTRACT ADMINISTRATOR The Contract Administrator for this Agreement shall be the Public Art Manager of the City of San Luis Obispo as defined in San Luis Obispo Municipal Code section 17.98.020 D, or his or her designee. C3 - 59 Contract No. draft 20 ARTICLE 11: NONDISCRIMINATION In carrying out the performance of the services designated, the Artist shall not discriminate as to race, religion, sex, age, sexual orientation, national origin, the presence of any physical, mental or sensory handicap, or any other basis prohibited by applicable law. ARTICLE 12: COMPLIANCE The Artist shall be required to comply with all federal and state laws and City statutes, ordinances, and regulations applicable to the performance of the Artist’ services under this Agreement, including but not limited to, Chapter 17.98 of the San Luis Obispo Municipal Code. ARTICLE 13: ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE 14: MODIFICATION No alteration, change, amendment, or modification of the term of this Agreement shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the City. C3 - 60 Contract No. draft 21 ARTICLE 15: WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, or conditions in this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right nor an acceptance of performance. ARTICLE 16: GOVERNING LAW This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. ARTICLE 17: HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and of the Artist and of their respective heirs, personal representatives, successors, and permitted assigns. ARTICLE 18: NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery and receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt requested, postage-prepaid as follows: C3 - 61 Contract No. draft 22 City: City of San Luis Obispo Parks and Recreation Department Melissa C. Mudgett, Public Art Manager 1341 Nipomo Street San Luis Obispo, CA 93401 Artist: Kathleen Caricof c/o The National Sculptors’ Guild 2683 N. Taft Avenue Loveland, CO 80538 ARTICLE 19: ATTORNEY’S FEES Should any action or proceeding be brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs. C3 - 62 Contract No. draft 23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by respective authorized officers or representatives as of the day and year set forth on page one of this Agreement. ATTEST: CITY OF SAN LUIS OBISPO By:________________________ By:__________________________ Anthony Mejia, CITY CLERK Jan Marx, MAYOR ARTIST: _____________________________ Kathleen Caricof, Artist J. K. Designs, Inc. dba National Sculptors’ Guild __________________________ ` _____________________________ John W. Kinkade, Secretary Alyson Kinkade, President APPROVED AS TO FORM: ________________________________ J. Christine Dietrick, CITY ATTORNEY C3 - 63 C3 - 64 Signage on West Side of wall Planter Beam- Provided by SLO Fire Dept. Concrete/ Limestone Bench Seating for 6-8 People Concrete/ Limestone Bench Seating for 3-4 People To Bell Green -area for Words in Concrete CARICOF sculpture CONCEPT STANDING TALL SITE PLAN#2 3-6-2014 Poles in Planter Represent Firemen and Police Steel with Rust Finish Steel with blue Paint Steel with Another Color for # Women ? Green -area for Words in Concrete Blue - Lighting Concrete/ Limestone Bench Seating Steel Letters with Rust Finish Signage, Poles, Beam Parking World Trade Center Memorial VIEW 1 VIEW 2 C3 - 65 C3 - 66 CONCEPT STANDING TALL VIEW 1 ENTRANCE FROM PARKING CARICOF sculpture World Trade Center Memorial Bell World Trade Center Memorial Entrance from Parking C3 - 67 C3 - 68 LETTER OF INTEREST CARICOFsculpture KATHLEEN CARICOF I am very interested in creating a unique and respectful artistic approach to memorialize the events of September 11th, 2001. Artwork concepts for this significant project will convey somber acknowledgement of the tragedy through a complementary presentation of the World Trade Center Artifact. Featuring sophisticated and bold form, this memorial sculpture will enrich the area and its architecture. The proposed artwork will be unique, providing a site-specific installation for Fire Station No. 1 and San Luis Obispo. I look forward to exploring many possibilities with your art committee to meet site and community needs. Currently, my sculptural work is directed toward mixed media applications. As an artist, I am constantly seeking out new directions, techniques and materials for continued growth. My work is designed to be relevant, welcoming and approachable for a broad audience. I also intend for my sculptures to be interactive whenever possible. The primary objective for all of my work is to successfully create engaging and thoughtful placements. I have designed and created many large-scale public placements – several of which have been memorial artworks. My past placements have ranged from $30,000 to $625,000. My most significant placement to date is ‘Stars and Stripes’ a 36ft x 40ft stainless steel intertwining sculpture for the Veteran’s Memorial at War Memorial Stadium, Little Rock, AR. In 2006, I was honored to create the Cerritos Air Disaster Memorial in Cerritos, CA which recognizes the 67 people that were killed in the 1986 collision of Aeromexico Flight 498 and a Piper PA-28 Archer. 52 people were killed on the two airplanes and falling debris killed 15 Cerritos residents on the ground. This marble and granite artwork features two sculptural elements engraved with the victims’ names, as well as a granite bench for the viewer to reflect upon this tragedy. Other public placements include the Cities of Burbank, CA; Long Beach, CA; Paramount, CA; Broomfield, CO; and Greeley, CO; and multiple sites on the campus of the University of Denver [partially carved on-site], and achieved in coordination with an architectural design team. I just finished creating a multi-element artwork, titled ‘Regatta’ for the Coronado Yacht Club in California. The site is still under construction and installation is scheduled for early 2014. Since 1996, I have placed a majority of my public artwork in partnership with the National Sculptors’ Guild. I approach each project development as a design team with myself as lead designer/artist. The Guild assists me with administrative needs for all of my large-scale projects. Over the past 20+ years, they have successfully installed over 400 significant public placements across the country. As a Fellow member of the Guild, I have access to the expertise of nationally recognized professionals including structural engineers, architects, lighting designers, landscape architects and subcontractors for each project that I’m involved in. I have worked on a wide range of public art projects, creating work for cities, corporations and private institutions. Much of my work incorporates the theme of community through abstract form. I place a great deal of importance in the gathering for support and the celebration of life as a collective. Public art is exciting to me, as it often leads to a convergence of diverse people and ideas. These sites turn out to be spirited and iconic places, a quality I instill in my artwork. A background as an Industrial Designer turned sculptor shows in my approach to each project. Beginning with the question ‘what is the best solution for this space?’ I ensure that my designs fit the site, sustain the community and enrich their environment. Thank you for your time and consideration. I hope to work with you to create a fitting tribute to the bravery and dedication of all Public Safety Officials though artwork that honors the sacrifices made on that terrible day in September of 2001. Kathleen Caricof www.caricofsculpture.com • KATHLEEN CARICOF • CARICOFsculpture • 2683 N T AFT A VENUE, L OVELAND, CO 80538 • 970.667.2015 • • WWW.CARICOFSCULPTURE.COM • KATHI@ NATIONALSCULPTORSGUILD.COM • C3 - 69 CARICOFsculpture KATHLEEN CARICOF / NATIONAL SCULPTORS’ GUILD EDUCATION & PERSONAL: Since 1990 Self Employed Sculptor, Designer & Instructor Evergreen, CO 1990-95 Marble – Marble, Summer Sessions Marble, CO 1993 Nathaniel Kaz, Sculptor, Workshop New York, NY 1984-89 Tony Amato, Master Carver, Internship Vista, CA 1978-81 B.S. in Industrial Design, Art Center College of Design Pasadena, CA SELECT PUBLIC ART COMMISSIONS: Coronado Yacht Club – Multi-faceted Installation [Regatta] in-progress Coronado, CA City of Loveland Library, Integrated Sculpture/Paintings w/Alyson Kinkade [Source] 2012 Loveland, CO Statehouse Convention Center at Peabody Hotel [Re-Convene] 2011 Little Rock, AR Riverfront Park, signature sculpture for the Vogel/Schwartz Sculpture Garden [Infinity] 2011 Little Rock, AR Mesa State College, Saunders Facility [On the Move] 2011 Grand Junction, CO City of Paramount, High School Library Courtyard [Poetry in Motion] 2010 Paramount, CA City of Greeley, Colorado – City Worker’s Memorial [Open Hearted] 2008 Greeley, CO City of Little Rock, Arkansas-War Memorial Stadium [Stars and Stripes] 2007-08 Little Rock, AR City of Long Beach, California- [Synergy – Orange Twist] 2007-08 Long Beach, CA City of Burbank, California-Burbank Water & Power Fountain [Community] 2006 Burbank, CA City of Cerritos, California – [Cerritos Air Disaster Memorial] 2005 Cerritos, CA City of Cerritos – [Balance] 2005 Cerritos, CA Paul Derda Recreation Center Relief- [Colorado Landscapes] 2004 Broomfield, CO Pine Lane Primary School Relief, Douglas County Schools 2004 Denver, CO Benson Park Sculpture Garden placement [Loving the Moment], 2004 Loveland, CO Denver University Campus, collab. w/Madeline Wiener: Major-Scale Bas Reliefs 1998-2004 Denver, CO Ritchie Center [Portrait of Marion Goddesfield] Lamont School of Music [The Spirit of Music] Newman Center for Performing Arts [Renaissance Chair] Chambers Center-Women’s College of Denver [Open Arms] Beta West of US West Communications, Nine Sculptures Denver, CO City of Golden, Major-Scale Limestone Relief for Courthouse Golden, CO Central Missouri State University, Life-Size Sculpture Springfield, MO Emerald Pictures, [Torso] Yule-Marble Sculpture Burbank, CA Pfieffer and Hamilton Publishers, [Dancers] Life-Size Marble Sculpture Duluth, MN PROFESSIONAL MEMBERSHIPS: Since 1996 National Sculptors’ Guild Loveland, CO SELECT DESIGN TEAM PARTICIPANTS PAST & PRESENT: Alyson Kinkade, JK Designs, Inc. Project Management, Graphics, Budget, Installation Loveland, CO Greg Hebert Landscape Architect, Landscape/Site Design San Diego, CA Gregory P. Luth & Associates, Structural Engineering Denver, CO & Santa Clara, CA HONORS AND AWARDS: 2005-12 Selected to Design and Create awards for Graduate School of International Studies Denver, CO Honoring: Madeline Korbel Albright, Gen. George W. Casey Jr., Robert & Judi Newman, Jane & Fred Hamilton Patricia & Johnston Livingston, Christina A. Gold, Condeleeza Rice, J. Landis Martin, Leo Kiely and Reverend Susan Kiely 2009 Best in Show & Purchase Award, Sculpture at the River Market “New Beginnings” Little Rock, AR 2008 Southwest Art Magazine feature: ‘The Innovators’ National Publication 2007 Purchase Award, Sculpture at the River Market Little Rock, AR Best in Show, Sculpture at the River Market “Tomorrow’s Dreams” Little Rock, AR 1998 People’s Choice Award, International Snow Carving Breckenridge, CO 1997 1st Place Award, Aspen Snow Carving Aspen, CO 1996 Invited Jury Selection Member, Sculpture in the Park Loveland, CO Invited Jury Selection Member, Cherry Creek Arts Fest Cherry Creek, CO • KATHLEEN CARICOF • THE NATIONAL SCULPTORS’ GUILD • • 2683 N TAFT AVENUE • LOVELAND, COLORADO 80538 • • TEL970.667.2015 • KATHI@ NATIONALSCULPTORSGUILD.COM • C3 - 70 R ESUME PAGE 2 CARICOFsculpture KATHLEEN CARICOF / NATIONAL SCULPTORS’ GUILD 1B SELECT EXHIBITIONS: 2007-12 Sculpture at the River Market, Invitational Exhibition [07,09 award winner] Little Rock, AR 1996-2012 National Sculptors’ Guild Annual Exhibit, Columbine Gallery Loveland, CO 2006 Walker Fine Art- Two Person Show Denver, CO 2004 Solo Show, Columbine Galleries – 1Point Gallerie Denver, CO 1992-2004 Sculpture in the Park Loveland, CO 1997-98 International Snow Carving Championships Breckenridge, CO 2000 Three Person Show, Columbine Galleries Loveland, CO 1997 Aspen Snow Carving Competition Aspen, CO 1995-96 Cherry Creek Arts Festival Cherry Creek, CO 1995 Women in Art Cherry Creek, CO 1994 Solo Show San Diego, CA 1994 Marble Exhibit, Loveland Museum Loveland, CO 1993 St. George Art Festival St. George, UT 1992 North American Sculpture Exhibit Golden, CO 1992-91 Douglas County Festival of Arts Englewood, CO 1991 Arvada Center Arvada, CO MAJOR PRIVATE COLLECTIONS: *DENOTES MULTIPLE WORKS Vicki & Bill Bohnhoff, AZ Chris & Jack Harris, NM* Mary & Dean Kumpuris, AR Arabella & Steffano Massi, ITALY Robert & Judi Newman, CO Nancy & Don Tubesing, NM* Claudia & Lee Barewin, MO LECTURES AND INSTRUCTION: 2010 “Cerritos celebrates National Arts & Humanities Month”, guest lecturer Cerritos, CA 2010 “Creation: Women in Art” guest speaker, Lanning Gallery Sedona, AR 1995-Present Arts Students League, Stone Sculpting Denver, CO 1995-Present Marble Institute of Colorado, MARBLE-marble Symposium, Stone Sculpting Marble, CO 1990-95 Bergen Elementary, Art Appreciation Program Hands on Sculpture Project Denver, CO 1990-Present Mentor – Gifted and Talented, Evergreen Jr. High Evergreen, CO 1980-83 Teachers’ Assistant, Art Center College of Design Pasadena, CA CERRITOS AIR DISASTER MEMORIAL – CERRITOS, CA • KATHLEEN CARICOF • THE NATIONAL SCULPTORS’ GUILD • • 2683 N TAFT AVENUE • LOVELAND, COLORADO 80538 • • TEL970.667.2015 • KATHI@ NATIONALSCULPTORSGUILD.COM • C3 - 71 PROFESSIONAL REFERENCES CARICOFsculpture KATHLEEN CARICOF ¤ War Memorial Stadium ‘Stars & Stripes’ [$625,000] Dean Kumpuris – City Board City of Little Rock, AR 500 W Markham, Room 338 Little Rock, AR 72201 dkumpuris@me.com 501.607.2253 ‘Stars & Stripes’, [installed September 2008] 36’ tall, 40ft dia. – stainless steel/granite Linear stainless steel elements interlock to form five stars stemming from granite bases, representing the five branches of the military working together in a 40’ round granite paver-clad plaza. Commissioned by the city of Little Rock, AR for its War Memorial Stadium Veteran's Memorial, this work was considered for multiple structural engineering awards, nationally and globally. ¤ City of Burbank, CA ‘Community Fountain’ [$350,000] Joanne Davis - Administrative Officer Burbank Water & Power P.O. Box 631 Burbank, CA 91503-0631 jdavis@ci.burbank.ca.us 818.238.3550 ‘Community Fountain’, 2006 15’ tall – marble/granite/limestone This fountain was designed and constructed to celebrate the importance of the city’s Water & Power Department to the people of Burbank. Our design team included Advanced Aquatics Technology for the fountain element. ¤ City of Cerritos, CA ‘Cerritos Air Disaster Memorial’ Kathleen Matsumoto-Deputy City Manager [$83,000] 18125 Bloomfield Avenue Cerritos, CA 90703-8526 kathy_matsumoto@ci.cerritos.ca.us 562.860.0311 “Cerritos Air Disaster Memorial”, 2006 14’ tall – marble/granite In 1986, two airplanes collided above Cerritos killing 82 people, including 15 on the ground. This memorial was commissioned by the City of Cerritos to honor the victims of this tragedy. The negative space between the sculpture’s two wing shapes forms a teardrop. ¤ City of Denver, CO Multiple Works – University of Denver Campus Mark Eliot Rodgers – Architect [$40,000-250,000 ind. budgets] University of Denver 2400 S. Race St Denver, CO 80208 mrodgers@du.edu 303.871.4746 “Lamont School of Music Reliefs”, 2001 24’ tall x 30’ wide - limestone “Chambers Center Relief”, 2003 9’ tall – red limestone The projects shown are part of a commission by the University of Denver of five [5] major-scale art projects around the campus. After designing each piece, I was assisted in the carving by fellow stone artists Roger Seal and Madeline Wiener. Finish work was done on-site. • KATHLEEN CARICOF • THE NATIONAL SCULPTORS’ GUILD • • 2683 N TAFT AVENUE • LOVELAND, COLORADO 80538 • 970.667.2015 • • WWW.NATIONALSCULPTORSGUILD.COM • KATHI@ NATIONALSCULPTORSGUILD.COM • C3 - 72 CARICOFsculpture / National Sculptor’s Guild Thursday, June 19, 2014 World Trade Center Memorial, San Luis Obispo BUDGET Sculptural Elements, Bases & Bench $44,500 Footings 5,000 Structural Engineering 2,500 Shipping 500 Insurance 1,000 Travel and lodging 2,500 Installation 3,000 Contingency 3,000 total $62,000 DIMENSIONS Posts (403 total): 10ft high, 3/4in diameter Concrete Bases: 18in high, 22 & 12ft long, 14”deep Bench: 18in high, 7.5ft long, 24in deep I-beam Display: 3ft high 10ft long, 14in deep Placed within the 30ft circular plaza site MATERIALS Concrete and/or Limestone Steel Aluminum Stainless Steel OPTIONAL Depending on budgetary costs, we would like input from the City of San Luis Obispo as to possible landscaping details and desired plantings. At this point, it is our intention to leave the existing large tree that is on the northwest of the plaza. C3 - 73 CARICOFsculpture / National Sculptor’s Guild Thursday, June 19, 2014 1 World Trade Center Memorial, San Luis Obispo Layout of Work Schedule 1- Engineering . Site Meeting with design committee to discuss . Removal of tree and site contraints . Concrete or Limestone . Signage . Structural . Concrete forms . Measurements . Layout of Electrical for lighting . Layout of Sculpture Poles, Beam, Seating 2- City approval of color samples of rod's for sculpture. . Fireman . Policeman . Women- Fire and Police . All wording to go into monument, sculpture . Submit Temporary Traffic Control Application . Submit Encroachment Permit (4 weeks from receipt of initial payment) 3- Site prep • City has removed flagpole, landscaping they wish not to block sculpture. • Locating any current obstacles, sprinklers, electrical, gas line, etc. . Layout of concrete cutting . Layout of all electrical for lighting . Getting all special forms for concrete, lettering, drainage, electrical (4 weeks from receipt following completion of 1 and 2) 4- Fabrication Concrete . Setting forms for concrete . Water jetting parts for planters with security fasteners . Water jetting of lettering Steel letters Foam letters, for insight concrete . Setting all electrical for lights Adding lights to beam Adding inside lights to planter Sitting the lights for landscaping Pour Concrete . Taking off forms and finishing concrete (allowing concrete to cure 2 to 3 weeks) .Sitting anchors for lettering . Measuring inside of finish planter for artwork, check weep holes, anchors Water jetting steel for rods for planter . Drilling rods for lock pins Fabricating steel boxes for Rod for inside planter . Anchoring boxes to planter C3 - 74 CARICOFsculpture / National Sculptor’s Guild Thursday, June 19, 2014 2 Patina steel rod (4 weeks) .Sandblasting, priming, metal coating, sealing (4 weeks following completion of 3) 5- Install . Coordinate installation of electrical fixtures) . Artwork . Rocks for sculpture and landscaping . Submit Public Art Maintenance Record (1 week following completion of 4) C3 - 75 CARICOFsculpture / National Sculptor’s Guild Thursday, June 19, 2014 World Trade Center Memorial, San Luis Obispo SUBCONTRACTOR LIST Structural Engineer Russ Martino 820 16th Street Suite 835 Denver, CO 80202 (303) 260-7118 C3 - 76 C3 - 77 City of San Luis Obispo PUBLIC ART MAINTENANCE RECORD Artist: ___________________________________________________________ Title of Work: ___________________________________________________________ Project Address: ___________________________________________________________ City Job or File No.: ___________________________________________________________ PART I - FABRICATION AND INSTALLATION INFORMATION MATERIALS 1. Material(s) used (be specific; include also source or manufacturer, life expectancy of material according to manufacturer; attach manufacturer's technical data sheets, if available): 2. Material finish (e.g., natural, paint color and type, glaze, patina, sealer, fire retardant, etc.; be specific; include also brand or manufacturer): C3 - 78 Public Art Maintenance Record Page - 2 - 3. Materials used in the presentation of the artwork (e.g., composition of base or backing, framing, type of hanging fixtures, etc.): FABRICATION 1. Fabricator: Name: Address: Phone Number: 2. Fabrication technique or method (attach diagrams or drawings, if necessary): INSTALLATION 1. Installation executed by: Name: Address: Phone Number: C3 - 79 Public Art Maintenance Record Page - 3 - 2. Installation method (attach plans showing footing and/or key installation details): EXTERNAL FACTORS 1. Describe physical positioning of the artwork (e.g., measured distances from relative objects or points in the environment): 2. Describe existing environmental factors which may affect the condition of the artwork and any precautionary measures (e.g., direct sunlight, extremes of annual rain, temperature, air moisture or dryness, acidity of rainfall, flooding, wind, erosion, vibrations, air pollutants, vehicular and/or pedestrian traffic; animal interaction --bird droppings, potential for nesting, burrowing; human interaction with artwork--touching, sitting, climbing, vandalism): C3 - 80 Public Art Maintenance Record Page - 4 - DESIRED APPEARANCE 1. Describe the desired appearance in specific terms including the physical qualities such as matte rather than glossy luster; color of patina etc., for which the agency should strive in order to maintain the artist's intent. Describe what may be acceptable alterations in form surface, texture and coloration as related to natural aging of materials. Include drawings or photographs which show the condition of the artwork upon installation: 2. If the work is site-specific, describe in detail the particular relationship of the work to its site, including any significant physical aspects of the site, which, if altered, would significantly alter the artist's intended meaning and/or appearance for the work (attach drawings as appropriate): PACKING AND SHIPPING INSTRUCTIONS 1. Please explain how the art should be packed and shipped should the artwork ever need to be transported (be specific, attach diagrams if necessary): C3 - 81 Public Art Maintenance Record Page - 5 - PART II - CONSERVATION INSTRUCTIONS The Artist should provide detailed instructions regarding the methods and frequency of maintenance for the artwork as follows (attach additional information as appropriate): 1. Routine maintenance (e.g., removal of dust, dirt; maintenance of protective surfaces; tightening, adjusting, oiling; trimming of plant materials, etc.): 2. Cyclic maintenance (less frequent and more extensive preventive measures, e.g., disassembly and inspection; reapplication of protective sealers; repainting; cleaning of textiles, etc.): 3. Who should be considered competent to perform cyclic maintenance? Describe any special training, materials, tools, or procedures required. 4. Who should be considered competent to perform significant repairs? C3 - 82 Public Art Maintenance Record Page - 6 - 5. Describe any special training, materials, tools, or procedures required for refitting, replacing, or reconstructing portions of the artwork damaged by vandalism, accidents, disasters, or weathering: Maintenance Record Approved and Accepted: CITY OF SAN LUIS OBISPO Name Date ARTIST Name Date Attachments Please list: C3 - 83 C3 - 84 G:Reference-Library\Forms-Templates\DevRevForms\Inspections and Management\Encroachment Permit Checklist City of San Luis Obispo Contact for Permit Information: Matt LaFreniere 805-781-7015 or mlafreni@slocity.org Encroachment Permit Checklist: This checklist was created as a guide to help applicants with submittals. Additional information may be required prior to permit approval. Contractor Information: • Company Name/Contractor Name • Mailing address of business • Names of persons authorized to sign for permits • Phone number of business • Cell phone numbers • Fax • Email • Contractors State License Number Insurance: The City of San Luis Obispo requires a certificate of liability insurance with at least $1 million in general liability coverage AND a CG 2012 additional insured endorsement attached to it. Please email a current liability insurance certificate to Matt LaFreniere, mlafreni@slocity.org, with a CG 2012 additional insured endorsement attached. The CG 2012 (or an approved equivalent) is required and names the City of San Luis Obispo as additionally insured under your policy. An example form is available online at: http://www.slocity.org/publicworks/documents/cg2012.pdf. Please provide this example form to your insurance provider so the endorsement can be issued under your policy. Contractors State License: A valid Contractors State License is required. The contractor must be licensed for the type of work to be performed. City Business License: A current City business license must be maintained. For information on obtaining a City business license, please visit: http://www.slocity.org/finance/businesstax.asp. Traffic and Pedestrian Control Plan: Please submit the following form with your traffic and/or pedestrian control plan: http://www.slocity.org/publicworks/documents/trafficcontrolapp.pdf. Traffic and pedestrian control plans are generally reviewed within five working days of their submittal date. Construction Plans: These include building plans, engineering plans, miscellaneous project plans, public improvement plans, and subdivision plans. Necessary construction plans must be submitted and approved prior to permit issuance. Engineering Standards: Encroachment permit work must conform to City Engineering Standards and Standard Specifications, unless alternate plans are approved. Applicants should reference specific standards in their plan submittals, as they apply. Engineering Standards: http://www.slocity.org/publicworks/std-index.asp Standard Specifications: http://www.slocity.org/publicworks/stds/slostdspecs.pdf Night Work Permit: Work between the hours of 7:00pm and 7:00am is called “night work.” A separate permit must be obtained through the Community Development Department if night work is necessary. Please contact the Planning Division at 805-781-7170 to apply for a night work permit. To allow adequate time for processing, please submit night work applications at least four weeks prior to the proposed start date of the work. Night work applications require a separate fee. Payment of Encroachment Permit Fees: Please reference the current fee schedule: http://www.slocity.org/publicworks/documents/engfee.pdf. C3 - 85 Encroachment Permit General Provisions 1. Authority: Each Encroachment Permit is issued in accordance with theCity of San Luis Obispo Municipal Code, Title 12. 2. Revocation: These General Provisions, and any Encroachment Permit issued hereunder, are revocable or subject to modification or abrogation at any time, without prejudice, however, to prior rights, including those evidenced by joint use agreements, franchise rights, reserved rights, or any other agreements for operating purposes in the public right - of-way. 3. Responsible Party: No party other than the named permittee or their agent is authorized to work under any permit. 4. Acceptance of Provisions: It is understood and agreed by the permittee that the doing of any work under this permit shall constitute an acceptance of the provisions of this permit and all attachments. 5. Notice Prior to Starting Work: Before starting work under the Encroachment Permit, the permittee shall notify the designated City representative two (2) working days prior to initial start of work. When work has been interrupted for more than five (5) working days, an additional 24-hour notification is required before restarting work unless a pre-arranged agreement has been made with the City’s representative.Unless otherwise specified, all work shall be performed on weekdays and during normal working hours (7AM - 5PM) of the City Inspector. 6. Standards of Construction: All work performed within the public right-of-way shall conform to recognized standards of construction and the current City of San Luis Obispo Engineering Standards, Standard Specifications, City Policies and CALTRANS Manual of Traffic Controls (for Construction and Maintenance Work Zon es). 7. Inspection and Approval by the City: All work shall be subject to monitoring, inspection, and approval by the City. All inspection requests must be received, by the inspector, at least 4 hours prior to inspection.The permittee shall request a final inspection and acceptance of the work. 8. Keep Permit on the Work Site: The Encroachment Permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the City or any law enforcement officer on demand. Work shall be suspended if permit is not at job site as provided. 9. Conflicting Permits: If a prior encroachment conflicts with the proposed work, the new permittee must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the City. 10. Permits From Other Agencies: The party or parties to whom a permit is issued shall, whenever required by law, secure the written authorization for any work that must be approved by the Public Utilities Commission (PUC) of the State of California, CAL -OSHA, or any other public agency having jurisdiction. Failure to comply with the law, as noted above, will invalidate the City’s permit. C3 - 86 11. Provisions for Pedestrians: Where facilities exist, a minimum sidewalk and bike path width of four feet (4’) shall be maintained at all times for safe passage through the work area. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where adjacent alternate walkways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street. 12. Protection of Traffic: Adequate provisions shall be made for the protection of the traveling public. Warning signs, lights and safety devices and other measures required for the public safety, shall conform to the requirements of CALTRANS’ Manual of Traffic Controls. Traffic control for day or nighttime lane closures shall be in compliance with Caltrans Standard Plans for Traffic Control Systems. Nothing in the permit is intended, as to third parties, to impose on permittee any duty, or standard of care, greater than or different than the duty or standard of care imposed by law. 13. Minimum Interference with Traffic: All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. The permittee is authorized to place properly attired flagger(s) to stop and warn conventional highway traffic. Traffic shall not be unreasonably delayed. Flagging procedures shall be in compliance withCALTRANS’ Manual of Traffic Controls for Construction and Maintenance Work Zo nes. 14. Storage of Equipment and Materials: The permittee shall delineate/cone off any obstacle, material stored, or equipment parked adjacent to the lane, to the satisfaction of the City Engineer. Utilities are subject to the provisions of Section 22512 of the California Vehicle Code (CVC). 15. Care of Drainage: If the work contemplated in any Encroachment Permit shall interfere with the established drainage, ample provisions shall be made by the permittee to provide for it as may be directed by the City Engineer. 16. Making Repairs: In every case, the permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the public right -of-way facilities which has been excavated or otherwise disturbed by permittee. The permittee shall maintain, for one year, all portions of the public right -of-way disturbed and/or placed under any permit. If the highway is not restored as herein provided for, or if the City elects to make repairs, permittee agrees to bear the cost thereof. 17. Clean Up Right-of-Way: Upon completion of the work, all brush, timber, scraps, material, etc. shall be entirely removed and the right -of-way shall be left in as presentable a condition as existed before work started. 18. Cost of Work: Unless otherwise stated on the permit or other separate written agreement, all costs incurred for work within the public right -of-way pursuant to this Encroachment Permit shall be borne by the permittee, and permittee hereby waives all claims for indemnification or contribution from the City for such work. 19. Submit Plan: For installation of all underground facilities, and all surface work or other activity of consequence, the permittee shall furnish three (3) sets of plans showing location and construction or other activity. C3 - 87 20. Bonding: This permit shall not be effective for any purpose unless, and until the permittee files with the City a surety bond when required by the City Engineer in the form and amount required by the City’s Municipal Code. A bond is not ordinarily required of any public corporation or publicly or privately-owned utility but will be required of any utility that fails to meet any obligation arising out of the work permitted or done under an Encroachment Permit or fails to maintain its plant, work, or facilities. The said bond shall remain in force for a period of one (1) year after acceptance of the work by the City (See M.C. Section 12.04.050). 21. Maintenance of the Public Right-of-Way: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This will require inspection and repair of any damage to City facilities resulting from the encroachment. 22. Responsibility for Damage: The City of San Luis Obispo and all officers and employees thereof, including but not limited to the Director of Public Works and the City Engineer, shall not be answerable or accountable in any manner, for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, persons employed by t he permittee, persons acting in behalf of the permittee, or damage to property arising out of work or other activity permitted and done by the permittee under a permit, or arising out of the failure on the permittee’s part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity, or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the City of San Luis Obispo and all officers and employees thereof, including but not limited to the Director of Public Works and the City Engineer, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee’s part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee waives any and all rights to any type of expressed or implied indemnity against the City, its officers or employees. It is the intent of the parties that the permittee will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the City, the permittee, persons employed by the permittee, or persons acting in behalf of the permittee. 23. No Precedent Established: This permit is issued with the understanding that any particular action is not to be considered as establishing any precedent: (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within the C3 - 88 public right-of-way; or (2) as to any utility of the acceptability of any such permits as to any other or future situation. 24. Archaeological: The permittee shall cease work in the vicinity of any archaeological resources that are revealed. The City Engineer shall be notified immediately. A qualified archaeologist, retained by the permittee, will evaluate the situation and make recommendations to the City Engineer concerning the continuation of the work. 25. Future Moving of Installations: It is understood that whenever City construction, reconstruction or maintenance work in the public right -of-way requires the installation to be moved, adjusted or relocated, the permittee, at his sole expense, upon request of the City, shall comply with said request. C3 - 89 Page intentionally left blank. C3 - 90