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Home My WebLink About03/02/1999, 6B - PUBLIC ART FOR SANTA ROSA BRIDGE counat '%i rch2, 1999 j acEnba Report Z=6s CITY OF SAN LUIS OBISPO FROM: Michael McCluskey, Public Works Director Prepared By: Barbara Lynch, Civil Enginee9&"'7_ SUBJECT: PUBLIC ART FOR SANTA ROSA BRIDGE CAO RECOMMENDATION 1. Approve public art proposal. 2. Authorize the Public Works Director to execute the agreement with Jim Jacobson. DISCUSSION Under the City's public art policy, one percent of the construction budget is designated for public art. Grant funded portions are excluded from the one percent. Funding is limited on this project due to the large percentage of grant funding. Staff determined the bridge railing would be the best place for something of low cost to be incorporated. A request for proposals was issued. Only one proposal was received. A committee consisting of two members from the Arts Council and two adjacent property owners,reviewed the proposal with the artist. The committee was unanimous in favor of the proposal and recommend it go forward for review by the Architectural Review Commission(ARC.) The ARC reviewed the proposal and unanimously agreed it met the public art guidelines and recommended City Council approval. The proposal incorporates into the railing an outline of the "Seven Sisters" (Cerro San Luis, Bishop Peak, Chumash Peak, Cerro Romauldo, Hollister Peak, Cerro Cabrillo and Morro Rock) seen along Santa Rosa Street/Hwyl as it goes north to Cambria. It uses colors and shapes to tie into the adjacent Frank Lloyd Wright office building. CONCURRENCES The public art selection committee and the ARC support the proposal. FISCAL IMPACT The proposal is for$1500,the amount budgeted for public art on this project ALTERNATIVES The funds set aside for public art for the Santa Rosa Street Bridge could be returned to the Art- in-lieu account for use on another project. Attachments: Agreement Proposal and model are available for review in the Council office. \\955 morto%sys%groups\works\engr\proiect Umdges\9344 soma rosa\public art\93x1 art awa.doc 6B-1 apReement Fou pusuc alt . santa Rasa stzoQc 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 November 19, 1999 City opened proposals for the design and fabrication of artwork per Specification No. 9344G; and WHEREAS, the prosposals were reviewed by a selection committee and the Architectural Review Commission; and WHEREAS, the committee and the Commission selected Jim Jacobson for the San Luis Obispo Santa Rosa Bridge 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 and install it in a furnished prefabricated railing as shown in Exhibit 1 by August 1, 1999 for a total not to exceed $1500 to be paid by the City. The total fee includes labor, materials, equipment, insurance and related costs of designing and fabricating the artwork, installing it in the railing and delivering it to be coated. B. 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. C. The schedule of payments to the artist shall be as follows: 1) 25% of total fee upon execution of this agreement; and 2) 50% of total fee upon fabrication mid-point; and 3) 25% of total fee upon City acceptance of artwork. PAQC , 6B-2 AGaeement Piz punbc aat - santa nosy s>zii)ge 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 kind. 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, ants 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. 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 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 page 6B-3 aqueement roR puRlic am . sllnta nosy sai6ge 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. 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: MISCELLANEOUS 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 parry 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 Barbara Lynch, Civil Engineer 955 Morro Street San Luis Obispo, CA 93401 Artist Jim 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 Public Works Director APPROVED AS TO FORM: ARTIST 4'-r--W-e4� By: iry , to ey Jim Jacobson pace :, 6B-4 M �y� -1� a— _Q � a W � ►lj Q Q vJ a .a 6B-5 • MEETING AGENDA DATE 3aaq ITEM # Coau�*'W MCMORAnbum February 22, 1999 TO: Council Colleagues FROM: Dave Romero SUBJECT: Communication Item: Mid-block Crosswalk on Hieuera Street between Morro and Chorro It was with considerable dismay that I read in Saturday's Telegram-Tribune that a pedestrian was seriously injured in this mid-block crosswalk(see attached photo and article). For many years we had a traffic signal at this location. The signal was synchronized with a progression of traffic flow down Higuera Street, thus minimizing pedestrian and vehicle conflict. Several years ago this signal was removed and now pedestrians walk across the street at any time, unfortunately at their own risk. There is no doubt that mid-block crosswalks are hazardous and can eventually result in serious injury to a pedestrian. I believe it is incumbent upon the City to do all that it can to make the traffic flow safer in the downtown,therefore, I request Council concurrence to direct staff to investigate reinstalling the traffic signal with a report back in time for budget consideration this year. DR:ss Attachment WCOUNCIL ❑CDD DIR M CAO ❑FIN DIR aACAO ❑FIRE CHIEF eQ-,'ATTORNEY PrW DIR PtLERVOR!G ❑POLICE C F ❑MUT TEAM ❑REC DI9 ❑ ❑UTIL DIR ❑' ❑PERS DI I RECEIVED FEB 1 3 1999 SLO CITY CLERK ,,r �;,. . �. .,.: �.--W.-,�.-��n ...w•r��'�-�.-�-c�x+�=- � �"'CEJ Q J:a',..Ti_7 ,, � - . ._ , .,.; 4 ----- � , . � r' ,� __ _1�s.�+ -' ' ~� C ' � � � 1 � " ,��r�L:i iy 5 J:l•i'i^I_':"t:�%zeit i�.mi.- �_ • ' Saturday,FebruSLO ary , •5! v t yrs - � aN. TP "� ,'. Y. $ R 4aT i ; i4 t _.�V I S f! 1 z:R r t i1 I I ^ et iv`� ..'t i•ii�tt.bw. ✓, vi::'} ,.F In 'MI l r ,` OIL Rohett Dyer/Telegra[r-Tribune '�I�bSSWALK ACCIDENT pede$trian was struck by this car Friday afternoon'on ftd" Street I Sain;Luis Obispo.Police,were:investigating the accident. Pedestrian hit on flguera Street ■SM LUIS OBISPO—Rebee- ca Goddard,21,of San Luis Obispo was listed in"stable"condition Friday night at Sierra Vista Re- gional Center after being struck by car on Higuera Street around 4:15 1AM Sgt Jerry Lenthall said Goddard was walking across the street in `','front of Ross Dress for Less toward The Gap,when she was struck by a ,red Honda driven by Susan Nero, ,157,of Oceano.The Honda,he said, was traveling westbound in the cen- ter lane when the pedestrian was shit in the crosswalk Goddard's injuries were serious, said Lenthall. The 800 block of Higuera Street was closed briefly to traffic after the accident