HomeMy WebLinkAbout07/18/2000, 3 - PUBLIC ART FOR HIGUERA STREET BRIDGE, CITY PROJECT 99504A council - �"'�dTYT8,2000
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C I T Y OF SAN LU I S O B I S P O
FROM: Michael McCluskey,Public Works Direc r 1
Prepared By: Wayne Peterson,City Engineer
SUBJECT: PUBLIC ART FOR HIGUERA STREET BRIDGE,
CITY PROJECT 99504A
CAO RECOMMENDATION
1. Approve Higuera Street Bridge 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. The amount set aside from each project is accumulated and spent on
Council designated projects. This year the City Council has authorized $10,130 of the 1999-2000
art program and$23,600 from the 2000-20001 budget to be spent on this project.
Artists were asked in the request for proposals to suggest a project including a location that adds
to the character and atmosphere of downtown. The art work did not have to relate to the bridge
project.
A committee consisting of a volunteer from the public, a member from the Arts Council, a member
of the Downtown Concept Design Team, an artist, and a representative of the Downtown
Association have reviewed the 17 proposals submitted 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 is by Allan Root. It consists of 6 benches to be placed along the sidewalk on the
Higuera Street frontage of the Court Street parking lot. The six benches are to be positioned along
the sidewalk in a meandering pattern that with their blue bench seats will depict the meandering
creek that exists below the sidewalk. Three of the benches have no back and three do. Two of the
backs depict large hills or mountains and one represents buildings. The effect is of a meandering
stream flowing through the valley and below mountains and through the city.
CONCURRENCES
The public art selection committee recommended this project for the Creek Walk. On June 51'
the ARC reviewed the proposal and with minor suggestions approved the proposal and
recommends it to the City Council.
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Public Art for Higuera Street Bridge, City Project 99504A
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FISCAL UAPACT
FUNDS BUDGETED
Budgeted funds:
1999-2000 $10,130
2000-01: 23,600
Total: $33,730
Funding for this project was approved by the Council on August 17, 1999.
ALTERNATIVES
Council could choose not to approve the proposal and refer the process back to the staff and
selection committee. The committee would review the runner up proposals and either decide to
recommend one to the council or ask for new proposals.
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Proposal sketch is attached.
ATTACBMENT
Agreement
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sample aGueement
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 [ARTIST], hereinafter referred to as Artist and referred to jointly as
PARTIES.
WITNESSETH:
WHEREAS, on [date] City requested proposals for the design and fabrication of artwork per Specification
;and
WHEREAS,the proposals were reviewed by a selection committee;and
WHEREAS,the committee selected for a San Luis Obispo Art in Public Places Project
located at
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 November 30, 2000 for a total not to exceed
$33,730.00 to be paid by the City. The total fee includes labor, materials, equipment, insurance and related
costs of designing and fabricating the artwork,including installation when requested by the City.
B. The Patties 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.
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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, 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.
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. The artist agrees to
provide the City with information regarding the materials, surface finish, method of transportation, methods for
maintenance,etc.,as requested by the City prior to installation of the artwork.
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 Council. 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.
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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 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 City of San Luis Obispo
Wayne Peterson,City Engineer
955 Morro Street
San Luis Obispo, CA 93401
Artist
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
Z-
4City
S TO FORM: ARTIST
By:
Attorney
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E--
PUBLIC
PUBLIC ART MAINTENANCE RECORD
Artist:
Tale 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):
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Public Art Maintenance Record
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3. Materials uged 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:
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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 exist* ntal 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):
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Public Art Maintenance Record
Page-4-
DESIRED APPEARANCE
1. Describe the desired appearan a in s-pBcffic t rm incl tding thenysicalqualities crrrh
as maftp lather
n glossy ester- co or o patina etc , for which theagency choula strive
order to maintain th _ artist's int -nt D ccrihp what may he accgptahle ^lterafi rL in
form surface; texture and coinration as related to natural a-' of mat rials Include
drawings or photographs which -show the ondition of the artwork upon installation•
2. If the work is cit specific descrihLa in detail the particular rel tionchin of the work to rtc
site_ including v�g
any phySen .pests of the citp, whin if altered, would
e—, e
significantly alt r th artist's int nd d m ^ening and/or appearance—tar the wnrk (attach
drawings as appropriate):
PACKING AND SHIPPING INSTRUCTIONS
1. Please explain how the art ho rld he packed and chipped cho rld th ailwark ever netmd,
to be trance on rted (be specific, attach diagrams if necessary):
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Public Art Maintenance Record
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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?
Public Art Maintenance Record
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5. Describe any special training materials tools_ or procedures required for refitting .
replacing or reconstructing portions of the artwork damaged by vandalism amid nts,
disasters, or weathering:
Maintenance Record Approved and Accepted:
CITY OF SAN LUIS OBISPO
Name Date
ARTIST
Name Date
Attachments:
Please list:
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