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HomeMy WebLinkAbout03/02/1999, 6A - PUBLIC ART FOR SAN LUIS OBISPO CREEK WALK council °° Z 5C) j ac En ba Report 6A CITY OF SAN LUIS OBISPO FROM: Michael McCluskey, Public Works DirectorW\ Prepared By: Reinie Jones, Engineering Assistant ]. SUBJECT: Public Art for San Luis Obispo Creek Walk CAO RECONEMENDATION 1. Approve San Luis Obispo Creek Walk public art proposal. 2. Authorize the CAO to execute an agreement with the artist. DISCUSSION Under the City's public art policy, one percent of a project's construction budget is designated for public art unless it is exempt. In addition to the one percent designated for San Luis Obispo Creek Walk, the Council allocated $17,600 from art in-lieu funds making the total public art budget $20,600. The Architectural Review Commission reviewed the conceptual plans for San Luis Obispo Creek Walk in September of 1998. The concept design included possibilities for public art within the project. These possibilities included a way to visually connect the stairway entrance to Mission Plaza on Broad Street with the Creek Walk entrance across the street or unique bench or railing designs. At the October 20, 1998, Council Meeting, the Council decided that the request for public art proposals be narrowed down to one option. They decided on the visual connection piece between Mission Plaza and the Creek Walk. A committee consisting of a volunteer from the public workshops, two members from the Arts Council, a member of the Downtown Concept Design Team, the landscape architect and a nearby property owner have reviewed the proposals and selected a public art piece. The committee unanimously felt this proposal met all of the request for public art proposals guidelines. The selected art piece by Jim Jacobson consists of two mobile sculptures on each side of the Broad Street bridge. The sculpture on the west side the of bridge will depict California Sycamore leaves, and the Bog Thistle. The sculpture on the east side of the bridge will reflect native fish and the creek. A third sculpture placed on the existing Mission Plaza side will reflect the early inhabitants of the area, the Chumash native Americans. CONCURRENCES The public art selection committee recommended this project for the Creek Walk. The Architectural Review Commission has found that the project meets the City's Public An Guidelines. 6A-1 Council Agenda Report—Public Art for San Luis Obispo Creek Walk Page 2 FISCAL IlVIPACT The proposal is within the budget for this project. ALTERNATIVES Council could choose not to approve the proposal and have staff initiate a new request for proposals. However, due to the lengthy selection process, the art would not be ready for installation with construction of the Creek Walk. Costs to install the artwork would increase and liability issues would arise. The City would have to hire another contractor who meets the City's insurance requirements to install the artwork. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Proposal and model are available in the Council office for review. ATTACHMENT Agreement =Sr/pmjm%%fparl69628 mwian plan/pubbe W2ppmval au 6A-2 AGREEMENT TO INSTALL PUBLIC ART THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of . by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and JIM JACOBSON, hereinafter referred to as Artist and referred to jointly as PARTIES. WITNESSETH: WHEREAS, on City requested proposals for the design and fabrication of artwork per Specification No. 90-28B;and WHEREAS,the prosposals were reviewed by a selection committee comprised of a nearby business owner, two members of the Arts Council of San Luis Obispo County, the landscape architect and one person who was involved in the creek walk public workshops;and WHEREAS, the committee selected Jim Jacobson's artwork for the San Luis Obispo Creek Walk Art in Public Places Project;and WHEREAS,the Community Development Department has granted a mitigated negative declaration for this project. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: SECTION 1: ARTWORK INSTALLATION AND COMPENSATION. A. The Artist agrees to fabricate the artwork as shown in Exhibit A by July 30, 1999 for a total not to exceed $17,600.00 to be paid by the City. The total fee includes labor, materials, equipment, insurance and related costs of designing and fabricating the artwork- B. rtworkB. The Artist shall design and fabricate artwork in accordance with the schedule attached as Exhibit B. C. The Parties agree that minor modifications to the artwork's design and/or materials may become necessary during fabrication and installation. Artist may undertake minor changes without the consent of the City. No major or significant changes to the design or materials may be undertaken without the City's prior written consent. Said consent shall be entirely at the discretion of the City. D. The schedule of payments to the artist shall be as follows: 1) 25%of total fee upon execution of this agreement;and 2) 509o' of total fee upon fabrication mid-point;and 3) 25% of total fee upon City acceptance of artwork. 1 6A-3 SECTION 2: OWNERSHIP A. The Artist warrants that the artwork is the result of the artistic efforts of the Artist and that the artwork will be installed and become the property of the City,free and clear of any liens,claims or encumbrances or limitations of any ldnd. B. Upon completion of the artwork as shown in Exhibit A and upon its final acceptance by the City's Public Works Department, the City shall assume ownership and full responsibility for maintenance of the artwork, as determined necessary by the City prior to acceptance of the artwork. C. The Artist hereby grants to the City and its designees: a)the exclusive right to display the artwork;b)ownership of the models,sketches,renderings and other documents relating to the design, city approval and installation of the artwork; and c)the right to reproduce the artwork using photographs and other two-dimensional images for educational, civic,public relations, arts promotional and other non-commercial purposes, including the right to sell derivative works based on the artwork. The Artist shall receive acknowledgment in connection with the artwork or any reproductions or promotional materials prepared by the City. Except as provided in this agreement,the Artist retains all copyrights in the artwork. SECTION 3: INDEMNIFICATION AND WARRANTIES DURING DESIGN AND FABRICATION A- The Artist and his subcontractors agree to defend, indemnify and hold harmless the City and their officers, agents and employees, from and against all claims, costs and damages arising out of the Artwork (including Artists agents or employees activities under this agreement) B. The Artist and his subcontractors hereby warrant that the artwork is fabricated in accordance with approved plans, specifications, and industry standards, and that is shall be free from faulty or defective workmanship or materials for ten(10)years from the date the City accepts the artwork. SECTION 4: INSURANCE A. Prior to installation the Artist shall assume the entire risk of loss or damage to the artwork by theft, vandalism, fire or other casualty. When fabrication of the artwork is complete,the artist is responsible for theft,vandalism, fire,breakage or any damage from the place of fabrication to the site. B. The City may require general liability insurance depending on the nature of the selected artwork- SECTION rtworkSECTION 6: REPAIR AND RESTORATION The City will,whenever practical,consult with the Artist regarding repairs and restoration which are proposed to be undertaken by the City during the Artist's lifetime. If the artwork requires repairs and restoration,the City agrees to contact the Artist to determine appropriate methods necessary to accomplish identified concerns. SECTION 7: LOCATION,ALTERATION OR REMOVAL The City retains the right to relocate or remove the artwork from public display for any reason,at the sole discretion of the City Public Works Director. Reasons for removing the artwork from public display shall include, but not be limited to: hazards to public health, safety or welfare; unsightly or deteriorated conditions of artwork; or needs to access,repair and maintain public facilities. The City agrees to properly store and maintain artwork if taken out of public display, until such time as the City decides to re-install it for public display, sell or transfer ownership of artwork. 2 6A-4 SECTION 8: SALE OR DISPOSITION A. The parties agree that the City shall have the exclusive right to sell, loan, lease or transfer the artwork at any time and to whomever or whatever entity the City may choose. B. The Artist expressly waives,as to his successors in interest,to the greatest extent allowed by law,any rights he may have under California Civil Code Sections 986 through 989. Specifically, but not exclusively, the Artist disclaims, for himself and his successors in interest, any right to collect a royalty payment upon the sale or transfer of the artwork by the City or its successors interest,and agrees that in no event shall the Artist have the right to place a lien upon the site where the artwork is installed or to receive punitive damages. SECTION 9: NUSCELLANROUS PROVISIONS A. The personal skill, judgment, and creativity of the Artist is an essential element of this agreement. Consequently,although the Parties understand that the Artist may employ qualified personnel to work under his supervision,the Artist shall not assign,transfer or subcontract the creative and artistic portions of the artwork to another party without the prior written consent of the City. B. This agreement contains all understandings,and no changes to this agreement shall be effective unless they are signed by authorized representatives of the Parties. C. All correspondence and submittals under this agreement shall be delivered as follows: City Wayne Peterson,City Engineer 955 Morro Street San Luis Obispo,CA 93401 Artist Jun Jacobson 6912 Live Oak Lane San Luis Obispo,CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: ARTIST J By: 3 6A-5