HomeMy WebLinkAbout09/05/2000, C1 - APPROVAL OF PUBLIC ART FOR 879 MORRO OFFICES council "'° md.
5. 2000
j ac,Enoa Report C1°�
CITY OF SAN LU IS O B I S P O
FROM: John Moss,Director of Utilitie
Prepared.by: Sue Baasch,Administrative,�Palystzyb
SUBJECT: Approval of Public Art for 879 Morro Offices
CAO RECOMMENDATION
Approve the proposal for public art for 879 Morro, and authorize the City Administrative Officer to
execute a contract for$8,000 with the artist, Sandra Johnson.
DISCUSSION
Council approval of a contract with the artist is the final step in the public art process for 879 Morro
Utilities offices. Staff recommends that Council authorize an$8,000 contract with Sandra Johnson
for the fabrication and installation of stained glass inserts into the storefront windows at 879 Morro.
On August 21, 2000, the Architectural Review Commission reviewed the proposal. The
Commission voted unanimously to approve the project and recommend it to Council, agreeing that
the proposal met the public art guidelines.
The building is scheduled for completion and occupancy around November 1, 2000. Upon
Council's approval, and contract and maintenance record execution, staff will invite the artist to
proceed with fabrication. The contract calls for installation not later than December 1,2000.
Specifics about the art and the selection process follow.
Background
Under the City's public art policy, 1% of a project's construction budget is designated for public art
unless it is exempt. The construction budget for the 879 Monro building renovation and
strengthening project totaled about $847,600; therefore, the related public art budget was $8,500.
Of this amount, $500 was set aside to compensate the finalists for their time and materials in
preparing for the presentation to the project's public art selection committee, leaving$8,000 for the
design,fabrication and installation of the selected piece.
In the request for proposals, artists were asked to submit proposals that related to the
department's mission: providing the highest level of service,water quality and environmental
protection through careful and effective management of our community's resources.
A summary of the process and selection committee members follows:
C1-1
Council Agenda Report—Public Art for 879 Morro
Page 2
Step Date Result
Proposals due. May 4,2000 Six proposals received.
I"screening by selection committee. May 11,2000 Two proposals selected for further
review.
Committee composed of
Stephan Lamb,Cal Poly and
Chair of Arts Council
Bob Pelfrey,Cuesta College Fine
Arts Chair
Howard&Susan Franklin,
Owners of adjacent apt bldg
Landy Fike,downtown
business manager&renter
next door to project
Candice Wong,project
design architect
Wendy George,City Public Art Mgr
Final selection June 7,2000 Recommendation to forward Sandra
Johnson's stained glass design for
ARC and City Council review and
a roval.
ARC reviewlapproval August 21,2000 ARC recommendation to forward
proposal to Council for approval and
authorization to execute contract
Public Art proposal description
The recommended public art is stained glass inspired by a Minoan motif from the Palace at
Knossos. The Minoan culture, dating back to 3000 BC, was one of the earliest civilizations to
have an underground water and sewer system. Eight stained glass inserts will be mounted behind
the fixed vertical panes in the left bottom storefront windows of the renovated building. Each of
the eight windows measures about 15 inches high by 22 inches wide. A stained glass circle of
the same design will carry the theme to the other side of the front of the building: it will be
mounted on the right large storefront window next to the door. A color rendering of the proposal
is available for viewing in the Council office.
Selection Process
The selection committee reviewed the public art proposal for appropriateness of scale, form,
design and theme as well as its relationship to the building design style and neighborhood. The
committee also evaluated fabrication materials for longevity and safety, and the artist's resume
for similar experience. On June 7, 2000, the committee recommended the design for ARC and
City Council review and approval. On August 21, 2000, the ARC approved the proposal's
compliance with the City's public art guidelines and recommended its construction to Council.
C1-2
Council Agenda Report—Public Art for 879 Morro
Page 3
FISCAL IMPACT
The projected cost for the design, fabrication and installation of the stained glass panels is
$8,000. A total of $8,500 was approved in the 1999-2001 Financial Plan: 99-00 Mid-Year
Budget (pp. C-63 through C-66) for funding 879 Morro Public Art. Of the total approved
funding, $8,000 remains, as $500 was divided between the two finalists for the preparation of
their final proposal.
ATTACHMENTS
■ 1 —Agreement to Design and Install Public Art
■ 2—Public Art Maintenance Record
ON FILE IN THE COUNCIL OFFICE
■ Sandra Johnson's public art proposal for 879 Morro.
C1-3
Attachment 1
AGREEMENT TO DESIGN AND 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 Sandra Johnson, hereinafter referred to as Artist and referred to jointly as
PARTIES.
WITNESSETH:
WHEREAS, City requested proposals for the design and fabrication of artwork in
accordance with the specifications in the proposal package dated April 8, 2000, for 879
Morro Public Art; and
WHEREAS,the proposals were reviewed by a-selection committee;and
WHEREAS, the committee selected Sandra Johnson's proposal for stained glass
inserts for the 879 Morro Utilities Department Offices public art; and
WHEREAS, the Community Development Department has granted a categorical
exemption for this project; and
WHEREAS, the Architectural Review Commission on August 21, 2000 reviewed
and approved the proposal for compliance with the City's public art guidelines.
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 no later than
December 12000, for a total not to exceed $8,000 to be paid by the City. The total
C1-4
Agreement to Design and Install Public Art ATTACHMENT 1
Page 2 Page 2
fee includes labor, materials, equipment, insurance and related costs of designing,
fabricating and installing the artwork.
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.
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 Utilities 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,
expenses, attorney's fees 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.
C1-5
Agreement to Design and Install Public Art ATTACHMENT 1
Page 3 Page 3
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 or Utilities 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 the 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 the 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 are 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,
C1-6
ATTACHMENT 1
Page 4
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 authorized representatives of the Parties sign them.
C. All correspondence and submittals under this agreement shall be delivered as follows:
City Pamela King
City of San Luis Obispo
955 Morro St
San Luis Obispo, CA 93401
Artist Sandra Kay Johnson
235 Applegate Way
Arroyo Grande, CA 93420
805.489.4386
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
City Administrative Officer
APP VED AS TO FORM: ARTIST
By:
Ci o y Sandra Kay Johnson
C1-7
/�' �._ >�tiY➢.�vh �i1 ter.
v y a- x .,//��� i'� p�G�• f
C . t P s E
h i � ffr I tF`ag�,
fes`:
Mimi'
I wo-�
Comm
Mm
i ' _ f`.✓z ..tip -���� �,,, ���
J
�1
rr iii
r
..��~i�-+� � rcr'��.i•ter]� \��y vGt; Q\�I,t ��\ I
Y w� i'� Flt,C 1iv w >�_ �ii/ _•�.tiiir R� � � d �r.
ss � 1sM
'hid v� �, +�;° ?ys•t� ��� � A��C1'�'^
IT rrv' Thr/ •r� :42 !� S +C� 'w�- CI � ���•
� . V tri r�. • r r dl /Q/,av �`i �vI �.� Y� t 17t3•y:
9
. s
t.�:�' � i .1 r F•' i•
C
Exhibit A
Page 2
o �
l
C1-9
0
H d
g u Exhibit A
m o Page 3
� a'n
c
c
m
4
Q L
Y m
C:
1
t
C1-10
Attachment 2
879 Morro Utilities Offices
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):
C1-11
Attachment 2
879 Mom—Public Art Maintenance Record
paile2
Attachments:
Pleate'list:
C1-12
Attachment 2
879 Morro—Public Art Maintenance Record Paje 3
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:
C1-13
Attachment 2
879 Morro—Public Art Maintenance Record Pabe 4
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):
C1-14
879 Morro—Public Art Maintenance Record Attachment 2
DESIRED APPEARANCE Pate 5
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):
Attachment 2
879 Morro—Public Art Maintenance Record Pate 6
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.
C1-16
Attachment 2
879 Morro— Public Art Maintenance Record Page 7
4. Who should be considered competent to perform significant repairs?
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
C1-17