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HomeMy WebLinkAbout2002-04-02; City Council; 16707; Contracts for Public Art in Public Works CenterCITY OF CARLSBAD -AGENDA BILL 9B# Ibr767 TITLE: MTG. 04/02/02 APPROVAL OF CONTRACTS FOR PUBLIC ART IN PUBLIC WORKS CENTER DEPT. Arts I DEPT. HD. a CITY ATTY@ CITY MG- RECOMMENDED ACTION: City Council Adopt Resolution No.&%02-103 approving the contracts for $50,000 each with artists Christopher Lee and Gary Martin to create and install artwork in the City of Carlsbad Public Works Center. ITEM EXPLANATION: Taking into consideration the recommendation of the Public Works Center Artwork Selection approve the contracts with artists Gary Martin and Christopher Lee to create and install artwork in Committee and public comment of the artwork, the Arts Commission is recommending City Council the City of Carlsbad Public Works Center. A Request for Qualifications for this project was publicized statewide and was sent to California artists. Forty-four artists responded to the request. The Selection Committee was comprised of an Arts Commissioner, four Public Works employees, a local visual artist, the architects and Arts staff. The goal of the project was to integrate art into the building that relates to the building’s use. Taking into consideration the nature of the project and the budget, the Committee interviewed six artists. The Committee chose Southern California artists Christopher Lee and Gary Martin to develop design concepts for its review and selection. The four Public Works members of the Committee took the were brought back to the Selection Committee for review before making a final selection of the selected concepts to fellow Public Works employees for discussion and comment. The comments proposed artwork. Approximately 70% of staff supported the designs. The Selection Committee approved arhvork proposed by artist Lee that includes: two lighting fixtures the exterior faqade of both sides of the entry. The wrenches will be fabricated of welded aluminum in the form of large oversized wrenches attached to machine nuts and washers that will be placed on and powder coated to replicate as closely as possible the surface texture and silver color of conventional hand tools. The name of the city will appear where the tool’s brand name would normally appear. Also approved by this artist is a representation of an oversized water valve handle that will be placed in the center of the windows recessed in the entryway of the building and over the doors. It will be likewise fabricated to closely resemble the colors and textures of a normal sized water valve handle. which an oversized drop of water will appear to be suspended in “mid-drip.” This drip will be Opposite the handle, on the interior of the lobby space will be valve fittings, reducers and elbows from constructed of laminated glass and have a blue-green color. Below the drip and included as part of the terrazzo flooring will be a splash pattern with concentric rings emanating outward as ripples in a pond would appear. The proposed artwork approved by artist Martin is entitled “America’s Workforce.” This sculpture is abstract, made of bronze and mounted to a curved wall with a single light source striking the sculpture. A shadow is cast in which an image of an eagle appears on the wall with generic faces representing the workforce tucked in the feathers. The Selection Committee recommended the Arts Commission approve the artists and selected proposed artwork for this project. I Page 2 to Agenda Bill No. fb, 767 At its January 2, 2002 meeting, the Arts Commission approved the recommendation of the Selection Committee and requested staff place the artwork on display for public comment. The artwork displayed for 2 weeks each at both City libraries. One hundred seventeen comments were received. Of those, 32 were not applicable: they either did not refer to the subject or they did not apply to the work being shown. Regarding Christopher Lee's proposal, 67% of the responses were positive. Gary Martin received 53% positive comments. At its February 7, 2002 meeting, the Arts Commission approved the proposed artwork and artists selected, and recommended it be brought forth to City Council for approval. FISCAL IMPACT: Funds in the amount of $100,000 have been appropriated in the Public Works Center Capital Improvement Project account. EXHIBITS: 1. Resolution No. aac3b - 10 3 2. Contract with Christopher Lee. 3. Contract with Gary Martin. 1 2 ? 4 5 - 6 5 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 RESOLUTION NO. 2002-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONTRACTS FOR PUBLIC ART IN THE PUBLIC WORKS CENTER WHEREAS, the City has determined to place a public art component in the Public Works Center: and WHEREAS, the Arts Office publicized the Request for Qualifications statewide in search of California artists; and WHEREAS, a Selection Committee comprised of an Arts Commissioner, four Public Works employees, a local artist, the architects and Arts staff reviewed and interviewed six artists based on the nature of the project and the budget; and WHEREAS, Southern California artists Christopher Lee and Gary Martin were selected to create design concepts for the project: and WHEREAS, the design concepts were presented to the Public Works staff, receiving 70% approval, before the Selection Committee approved the proposed artwork; and WHEREAS, the Arts Commission approved the recommendation by the Selection Committee and had the artwork placed on public display for comment; receiving 117 responses - 67% in favor of Christopher Lee’s proposal, and 53% in favor of Gary Martin’s proposal; and WHEREAS, the Arts Commission approved the proposed artwork and artists and recommended it be brought forth to City Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 2. That the contract with artist Christopher Lee to design and execute artwork for the 1. That the above recitations are true and correct. City’s Public Works Center for $50,000 is hereby approved. Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2t 2; 25 3. That the contract with artist Gary Martin to design and execute artwork for the City's Public Works Center for $50,000 is hereby approved. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the x day of 4rpril ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, and Finnila. NOES: Council Member Hall ABSENT: Council Member ATTEST: ,,/ / LOtbfdNE td WOOD, City Clerk AGREEMENT FOR DESIGN AND EXECUTION OF PUBLIC ARTWORK This agreement is entered into on the 19th day of APRIL , 2002. by the City of Carlsbad, a municipal corporation, hereinafter referred to as "CITY" and Gary Martin, hereinafter referred to as the "ARTIST". RECITALS WHEREAS, the CITY is implementing a public art program pursuant to Carlsbad and authorizing payment for the design, execution, and placement of such works of art; and Municipal Code Chapter 2 I8 by allocating funds for the placement of artwork in public places WHEREAS, the CITY wants to purchase certain public ARTWORK, hereinafter referred to as the "ARTWORK," to be installed in the Public Works Center, located on Orion Way; and CITY, to create the ARTWORK and funds have been allocated for that purpose; WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by the NOW, THEREFORE, the CITY and the ARTIST, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. ARTIST'S OBLIGATIONS (a) The ARTIST shall, to the best of his artiStiC ability, design, fabricate, construct and install the ARTWORK. (b) The ARTIST shall create ARTWORK taking into consideration the nature of the SITE, the surrounding community, the amount of money allocated for the ARTWORK by the CITY (a total of $50,000, to include both design, execution and installation of the ARTWORK as shown in Exhibit "A')). and the amount of maintenance required. (c) The ARTIST shall create the ARTWORK taking into consideration the safety of the public, including, but not limited to, the safety of persons traveling on public rights of way. (d) The ARTIST shall create the ARTWORK in a manner which conforms to regulations of all public agencies with jurisdiction over the SITE or the ARTWORK and to all other applicable laws, regulations and standards, including but not limited to, federal, state, and local. (e) The ARTIST shall meet regularly with CITY staff to ensure the design and implementation of the ARTWORK complies with all provisions of this agreement. (9 The ARTIST shall submit to the CITY a design concept, hereinafter referred to as "DESIGN" in a tangible form. The CITY shall approve or disapprove the DESIGN. If the The CITY shall notify the ARTIST within a reasonable time whether it approves or disapproves DESIGN is disapproved, the ARTIST may submit a second DESIGN to the CITY within 30 days. the second DESIGN. If the CITY disapproves, the contract shall terminate with payment made to the ARTIST as shown in Exhibit "A' and all DESIGN materials shall be returned to the ARTIST. In that event, neither party shall have further obligation to the other, with the exception of the ARTIST'S obligations under the hold harmless and indemnity provisions of this agreement. Revised 3/20/9URevired 7/9/98 (8) The DESIGN shall specify materials, dimensions, finish, color, and any other information which is necessary. The DESIGN shall also include the maintenance requirements and installation method contemplated by the ARTIST and an estimate of its cost. The DESIGN shall include a model, to present a meaningful representation of the DESIGN. The model will be placed on display for public comment. (h) The ARTIST shall furnish all supplies, materials and equipment necessary for preparation of the DESIGN and execution of the ARTWORK. (i) After approval of the DESIGN pursuant to Section I(9, the ARTIST shall furnish to the Arts Manager a tentative schedule for completion of fabrication and installation of the fabricate, transport and install the ARTWORK in accordance with such schedule. Such schedule ARTWORK. After written approval of the schedule by the Arts Manager, the ARTIST shall may be amended by written agreement between the Arts Manager and the ARTIST. during the fabrication thereof. The Arts Manager shall have the right to review the ARTWORK at reasonable times substantial conformity with the DESIGN. (j) The ARTIST shall complete the fabrication and installation of the ARTWORK in DESIGN are necessary for the ARTWORK to comply with any law, standard or regulation, the If it is discovered, after the approval of the DESIGN, that revisions to the ARTIST shall make such revisions as are necessary. If the revisions required substantially change the approved DESIGN, the CIN may approve the revisions or recommend termination of the contract pursuant to the termination clause in Section 4. Minor changes may be approved by the Arts Manager. with jurisdiction over the ARTWORK or the SITE to address any concerns voiced by those (k) The ARTIST may be required to meet with representatives of public entities entities. (I) The ARTIST shall notify the Arts Manager in writing when fabrication of the ARTWORK is completed and he is ready for its delivery and installation at the SITE. The ARTIST shall deliver and install the completed ARTWORK at the SITE. the SITE for the timely installation of the ARTWORK, including landscaping, footings, plumbing, The CITY shall be responsible for all expenses, labor and equipment to prepare and area and spot lighting of the ARTWORK. (m) Upon installation of the ARTWORK, the ARTIST shall provide to the Arts Manager written instructions for appropriate maintenance and preservation of the ARTWORK. (n) The ARTIST shall, at the option of the Arts Manager, meet with the general public or representatives of the media to discuss the DESIGN of the ARTWORK. The ARTIST agreement without advance written permission of the Arts Manager. shall not release any information to the public related to the services performed under this (0) The risk of loss or damage to the ARTWORK shall be borne by the ARTIST until final acceptance, and the ARTIST shall take such measures as are necessary to protect the ARTWORK from loss or damage until final acceptance; except that the risk of loss or damage shall be borne by the CITY prior to final acceptance during such periods of time as the partially or wholly completed ARTWORK is in the custody, control or supervision of the CITY or its Revised 3/20/92/Revired 7/9/98 agents for the purposes of transporting, storing, installing or performing any other ancillary services to the ARTWORK. an additional insured; (p) The ARTIST shall be insured in the following manner, with the CITY named as under this agreement, the ARTIST must provide a certificate of insurance indicating $I million Prior to commencing any work or receiving payment for any services performed general liability coverage, showing CITY as additional insured. The insurance shall cover all agreement until one year after final acceptance of the ARTWORK by the City Council. The phases of the project and shall be effective from the first day work is commenced under this insurance must be obtained from a carrier that is admitted and authorized to do business in California and that has a current Best’s Key Rating of not less that “A-:V.” The insurance coverage must be single-limit occurrence coverage and may not be cancelled without thirty (30) days written notice to the CITY sent by certified mail. as required by the Risk Manager. 2. CITY’S OBLIGATIONS The ARTIST shall be required to provide proof of automobile liability coverage SITE, if requested by the ARTIST. (a) The CITY shall make available to the ARTIST, background information on the (b) The CITY shall make payment to the ARTIST as shown in Exhibit “A. This travel and transportation expenses of the ARTIST. represents payment in full. The total fee is $50,000 which includes sales tax if required, and all (c) A plaque identifying the ARTIST, the title of the ARTWORK, if any, and the year of the ARTWORKS completion will be displayed in the immediate vicinity of the installed ARTWORK at the expense of the CITY. 3. TIME EXTENSIONS there is a delay on the part of the CITY in performing its obligations under this agreement, or if The CITY will grant a reasonable extension of time to the ARTIST in the event that conditions beyond the ARTIST’S control or act of God render timely performance of the ARTIST’S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contracc provided that such obligations shall be suspended only for the duration of such conditions. 4. TERMINATION proper manner, or otherwise violate, any of the covenants, agreements or stipulations materials If either party to this agreement shall willfully or negligently fail to fulfill in a timely and to this agreement, the other party shall thereupon have the right to terminate this agreement by giving notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have (30) days after receipt of the notice to cure the default. It if is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall compensate the ARTIST for all services performed by the ARTIST prior to termination according to the schedule shown in Exhibit “A’. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall, at the CINs option become its property, provided that no right to fabricate or execute the Revised 3ROl9URevised 7/9/98 ARTWORK shall pass to the CITY and the CITY shall compensate the ARTIST according to the schedule shown in Exhibit “A for all services performed by the ARTIST prior to default. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue or any breach of this agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. 5. OWNERSHIP OF MATERIAL SUBMITTED the CITY. 6. OWNERSHIP OF THE ARTWORK All materials submitted related to the ARTWORK or the DESIGN are the property of Title to the completed ARTWORK immediately vests in the CITY upon completion, along with all rights of ownership, possession and control. Prior to completion of the ARTWORK, CITY shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the ARTWORK which are on the SITE. 7. REPRODUCTION RIGHTS The ARTIST grants to the CITY a paid in full irrevocable license to make reproduction of the The ARTIST retains all rights under the Copyright Act of I976 (I 7 U.S.C. 5 IO I et seq.). ARTWORK for noncommercial purposes, including but not limited to, reproductions used in CITY business, advertising, brochures, posters, media publicity, catalogs, souvenirs, photographs, drawings, or publications of or about the CITY, providing however, the CITY may not re-license the ARTWORK nor make a full scale exact duplicate of the ARTWORK nor alter ARTWORK by selecting portions without ARTIST’S consent. The CITY shall include the ARTIST’S copyright notice on any reproductions and the ARTIST shall include the following words on any reproduction: “An original work commissioned by the City of Carlsbad. California.” 8. REGISTRATION OF COPYRIGHT copyright holder under this agreement. 9. WARRANTIES The responsibility for registration of the copyright shall be the responsibility of the I. Warranty of Title The ARTIST represents and warrants that: (a) The ARTWORK is solely the result of the artistic effort of the ARTIST. (b) The ARTWORK is unique and original and does not infringe upon any copyright. (c) The ARTWORK or a duplicate of the ARTWORK has not been sold elsewhere. .. 2. Warranty of Quality and Condition THE ARTIST represents and warrants that: (a) The execution and fabrication of the ARTWORK will be performed in a workmanlike manner. (b) The ARTWORK, as fabricated and installed, will be free of defects in materials and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the ARTWORK. Revised 3/20/9URevired 7/9/98 3. excess of those described in the maintenance recommendations to be submitted by the ARTIST Reasonable maintenance of the ARTWORK will not require procedures in to the CITY along with the DESIGN. final acceptance of the ARTWORK. The CITY shall give notice to the ARTIST of any observed The warranty of quality and condition shall survive for a period of one year after the breach with reasonable promptness. The ARTIST, shall at the request of the CITY, and at no curable by the ARTIST and which cure is consistent with professional conservation standards cost to the CITY, cure reasonable and promptly the breach of any such warranty which is (including, for example, cure by means of repair or re-fabrication of the ARTWORK). IO. REPAIRS The CITY will have the right to determine when and if repairs and restorations to the ARTWORK shall be made. I 1. WAIVER "California Art Preservation Act" (Civil Code $987 et seq.) or the "Visual Artists' Rights Act of The ARTIST recognizes that he or she may have certain rights arising from the expressly made in writing and being fully informed, the Artist and his or her agents, heirs, 1990" (17 U.S.C.$106A et seq.). Those Acts require that a waiver of their provisions be successors and assigns hereby waive any and all rights he or she may have under the provisions of the "California Art Preservation Act" (Civil Code $987 et seq.) or the "Visual Artists' Rights Act of 1990" (I7 U.S.C. $l06A et seq.). The Artist, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts." 12. STATUS OF THE ARTIST The ARTIST shall perform the services provided for herein in ARTIST'S own way as an independent contractor and in pursuit of ARTIST'S independent calling, and not as an employee of the CITY. ARTIST shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in this agreement. 13. WITHHOLDINGS The CITY shall not make any federal or state tax withholdings on behalf of the ARTIST. The CITY shall not be required to pay workers' compensation insurance on behalf of the ARTIST. The ARTIST agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the ARTIST or any employee of the ARTIST for work done under this agreement. 14. IMMIGRATION ACT Act of I986 and shall comply with those requirements, including but not limited to, verifying the The ARTIST shall be aware of the requirements of the Immigration Reform and Control eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. Revised 3/20/92/Revired 7/9/98 15. NONDISCRIMINATION CLAUSE The ARTIST shall comply with the state and federal laws regarding nondiscrimination. 16. COVENANTS AGAINST CONTINGENT FEES The ARTIST warrants that he has not employed or retained any company or person, other than a bona fide employee working for the ARTIST, to solicit or secure this agreement, and that ARTIST has not paid or agreed to pay any company or person, other than a bona fide contingent upon, or resulting from, the award or making of this agreement. For breach or employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise fee. recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent 17. HOLD HARMLESS AGREEMENT penalties, fines, for any damage to goods, properties, or effects of any person whatsoever, nor The CITY, its officers. and employees shall not be liable for any claims, liabilities, for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of ARTIST or ARTIST'S agents, employees, or representatives. ARTIST agrees to defend, indemnify, and save free and harmless the CITY and its officers and employees against any of the foregoing liabilities or claims of any kinds, and any cost and expense including attorney's fees incurred by the CITY on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in the DESIGN. 18. ASSIGNMENT OF CONTRACT thereunder without the prior written consent of the CITY. 19. SUBCONTRACTING The ARTIST shall not assign this contract or any part therefore or any monies due If the ARTIST subcontracts any of the work to be performed under this agreement, ARTIST shall be fully responsible to the CITY for the acts and omissions of ARTIST'S ARTIST is for the acts and omissions of persons directly employed by ARTIST. Nothing subcontractor and of the persons either directly or indirectly employed by the subcontractor, as of ARTIST and the CITY. The ARTIST shall bind every subcontractor and every subcontractor contained in this agreement shall create any contractual relationship between any subcontractor of a subcontractor by the terms of this agreement applicable to ARTIST'S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 20. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the CITY who is authorized in such capacity and on with the performance of this contract shall become directly or indirectly interested personally in behalf of the CITY to exercise any executive, supervisory, or similar functions in connection this contract or any part thereof. Revised 3/20/9URevired 7/9/98 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the ARTIST to any additional payment whatsoever under the terms of this contract 22. CONFLICT OF INTEREST with the requirements of the City of Carlsbad Conflict of Interest Code. The ARTIST shall The ARTIST shall file a Conflict of Interest Statement with the City Clerk in accordance report investment of interests in real property. Acknowledged and Accepted ARTIST - (print name of ARTIST) ATTEST APPROVAL AS TO FORM: & M- Deputy City Anorney KAREN R. KUNDTZ, Assistant City Clerk Attachment(s): Exhibit A Revised 3/20/92/Revired 7/9/98 EXHIBIT A AGREEMENT BETWEEN CITY OF CARLSBAD AND GARY MARTIN Payment Schedule 1. Approval of design by City Council $10,000 2. Upon completion of 25% of construction 3. Upon completion of 75% of construction 5. Upon acceptance of completed artwork Total $20,000 $15,000 $5,000 $50.000 ACORD, CERTIFICATE OF LIABILITY INSURANCE op 10 ss DATEWIMOMYI 02/28/02 mID0ucER I THIS CERTIFICATE IS ISSUE0 AS A MATTER OF INFORMATION Schell 6 Eggert Insurance ASCY J-s R. Eggert, Sec/Treas Sa Diego CA 92111-1606 7901 Raytheon Road Phone: 858-541-7177 Fax: 858-541-7821 ONLY AN0 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~~ ~~ -iNSURED INEURERA: The Hartford Insuzance Group INSURER6 INSURER C NSYRER E: INSURER I)- Martin, Gary - Artist 323 Narcassrd Ave. Corona Del Mar CA 92625 I , . , ~ ~~ POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE-BEEN REDUCED BY PAID CLAIMS I PERSONAL6PDVINJURY s1000000 OENERUAQGREOATE s 2000000 GEN'LAOOREOI\TE LIMITI\PWESPER: PRowcTs-cohRKlPAoo $2000000 JECT La: Attn: Art Office City of Carlsbad Carlsbad CA 92008 1200 Carlsbad Village Dr. IUPO.E~~~OLW~~OIIO~~BIUTYIOFIWYK~NOUPDNTHE~NSU~~W,,RA=EN~~OR REPREIBNTIWES J ?" , _, &"lnOR,2EO IE?PIIE*ENII\TIVE d' k' ypf, -, I James R. aqqert, sec/Tra 25. ACORO 254 (7/97) DACORO CORPORATION 1988 CALIFORNIA PRWF OF AUTO TNSURANCE CARD ALLSTATE ~3u're ~n good hands, ALLSTATE INSURANCE CCMPANY 1819 ELECTRIC ROAD, SW. ROANOKE. VA 24018 """"__"""""_.._________________"""""""".""""""""""~ NAIC : 19232 GARY WRTIN CORONA DEL MAR CA 92025 323 NARCISSUS AVE Thts pollcy meets the requirements of the applicable Cailfornia financia: responsibility lawb). POLICY NlMBER 0249136?9 EFFECTIVE DATE 03/23/2002 EXPIRATION DATE 09/23/20132 EAR MAKE MODEL 1995 SMB VEHICLE ID NUMBER YS30D5583S2012662 If you have an accident or loss: - Get medical attention if needed. - Notify the pOllCe imnedlately. - Obtain names, addresses. phone numbers (work & home) and lrcense p7ate - Contact your A1 state agent or broker as soon as posslble. numbers of all ersons involved including passengers and witnesses. ? Darcv Price Nied ". (9497 3483450" 26361 Crcwn Valley Suite 160 Mission Viejo CA 92691 - If you are unable to contact your agent or broker call the Allstate Clarm town. contact the nearest Allstate office. Office nearest to your home (check the phone bookj. If you are out cf 652-2 CALIFORNIA 0RlKlF OF AUTO INSURANCE CARD @Allstate. Wn in gwd hab. ALLSTATE You' re 1 I good hands. ALLSTATE INSURANCE COMPANY 1819 ELECTRIC ROAD. SW. ROANOKE. VA 24018 NAIL : 19232 GARY MARTIN CORONA DEL Mffi CA 92625 323 NARCISSUS AVE This pollc meets the reqdirments of the applicable California finarcial responsibifity lawcs). POLICY NUMKR 024913679 EFFECTIVE MTE 03/23/2002 EXPIRATION DATE 09/23/2002 YEAR MAKE MODEL 2000 RX300 VEHICLE IO NUMBER JTGFlOU5YG050359 If you have an accident or loss: - Notlfy the police mediately. - Get medical attention if needed. - Obtaln names, addresses, #one ntnnbers (work & home) and license plate - Contact your Alkate agent or broker as smn as possible. numers of all ersons involved includlng passengers and witnesses. Darcv Price Nied - If YOU are unable to contact your agent cr broker, call the Allstate Claim Office nearest to your home (check the phone book). If you are out gf t~, contact the nearest Allstate office. AGREEMENT FOR DESIGN AND EXECUTION OF PUBLIC ARTWORK This agreement is entered into on the day of APRIL , 2002, by the City of Carlsbad, a municipal corporation, hereinafter referred to as “CITY” and Christopher Lee, hereinafter referred to as the “ARTIST”. RECITALS WHEREAS, the CITY is implementing a public art program pursuant to Carlsbad Municipal Code Chapter 2 I8 by allocating funds for the placement of artwork in public places and authorizing payment for the design, execution, and placement of such works of art; and WHEREAS, the CITY wants to purchase certain public ARTWORK, hereinafter referred to as the “ARTWORK,” to be installed in the Public Works Center, located on Orion Way; and CITY, to create the ARTWORK and funds have been allocated for that purpose; WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by the NOW, THEREFORE, the ClN and the ARTIST, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. ARTIST’S OBLIGATIONS and install the ARTWORK as described in Exhibit “B. (a) The ARTIST shall, to the best of his artiStiC ability, design, fabricate, construct (b) The ARTIST shall create ARTWORK taking into consideration the nature of the CITY (a total of $50,000, to include both design, execution and installation of the ARTWORK SITE, the surrounding community. the amount of money allocated for the ARTWORK by the as shown in Exhibit “A”). and the amount of maintenance required. (c) The ARTIST shall create the ARTWORK taking into consideration the safety of the public, including, but not limited to, the safety of persons traveling on public rights of way. (d) The ARTIST shall create the ARTWORK in a manner which conforms to regulations of all public agencies with jurisdiction over the SITE or the ARTWORK and to all other applicable laws, regulations and standards, including but not limited to, federal, state, and local. (e) The ARTIST shall meet regularly with CIN staff to ensure the design and implementation of the ARTWORK complies with all provisions of this agreement as “DESIGN” in a tangible form. The CITY shall approve or disapprove the DESIGN. If the (9 The ARTIST shall submit to the CIN a design concept, hereinafter referred to DESIGN is disapproved, the ARTIST may submit a second DESIGN to the CITY within 30 days. The CITY shall notify the ARTIST within a reasonable time whether it approves or disapproves the second DESIGN. If the CITY disapproves, the contract shall terminate with payment made to the ARTIST as shown in Exhibit “A’ and all DESIGN materials shall be returned to the ARTIST. In that event, neither party shall have further obligation to the other, with the exception of the ARTIST’S obligations under the hold harmless and indemnity provisions of this agreement. Revised 3/20/92/Revired 7/9/98 r; (9) The DESIGN shall specify materials, dimensions, finish, color, and any other information which is necessary. The DESIGN shall also include the maintenance requirements and installation method contemplated by the ARTIST and an estimate of its cost. The DESIGN shall include a model, to present a meaningful representation of the DESIGN. The model will be placed on display for public comment (h) The ARTIST shall furnish all supplies, materials and equipment necessary for preparation of the DESIGN and execution of the ARTWORK. (i) After approval of the DESIGN pursuant to Section I(9, the ARTIST shall furnish to the Arts Manager a tentative schedule for completion of fabrication and installation of the ARTWORK. After written approval of the schedule by the Arts Manager, the ARTIST shall fabricate, transport and install the ARTWORK in accordance with such schedule. Such schedule may be amended by written agreement between the Am Manager and the ARTIST. during the fabrication thereof. The Arts Manager shall have the right to review the ARTWORK at reasonable times substantial conformity with the DESIGN. (j) The ARTIST shall complete the fabrication and installation of the ARTWORK in DESIGN are necessary for the ARTWORK to comply with any law, standard or regulation, the If it is discovered, after the approval of the DESIGN, that revisions to the ARTIST shall make such revisions as are necessary. If the revisions required substantially change the approved DESIGN, the CITY may approve the revisions or recommend termination of the contract pursuant to the termination clause in Section 4. Minor changes may be approved by the Arts Manager. with jurisdiction over the ARTWORK or the SITE to address any concerns voiced by those (k) The ARTIST may be required to meet with representatives of public entities entities. (I) The ARTIST shall notify the Arts Manager in writing when fabrication of the ARTWORK is completed and he is ready for its delivery and installation at the SITE. The ARTIST shall deliver and install the completed ARTWORK at the SITE. the SITE for the timely installation of the ARTWORK, including landscaping, footings, plumbing, The CITY shall be responsible for all expenses, labor and equipment to prepare and area and spot lighting of the ARTWORK. (m) Upon installation of the ARTWORK, the ARTIST shall provide to the Arts Manager written instructions for appropriate maintenance and preservation of the ARTWORK. (n) The ARTIST shall, at the option of the Arts Manager, meet with the general public or representatives of the media to discuss the DESIGN of the ARTWORK. The ARTIST shall not release any information to the public related to the services performed under this agreement without advance written permission of the Arts Manager. (0) The risk of loss or damage to the ARTWORK shall be borne by the ARTIST until final acceptance, and the ARTIST shall take such measures as are necessary to protect the ARTWORK from loss or damage until final acceptance; except that the risk of loss or damage shall be borne by the CITY prior to final acceptance during such periods of time as the partially or wholly completed ARTWORK is in the custody, control or supervision of the CITY or its Revised 3/20/92/Revired 7/9/98 agents for the purposes of transporting, storing, installing or performing any other ancillary services to the ARTWORK. (p) The ARTIST shall be insured in the following manner, with the CITY named as an additional insured; under this agreement, the ARTIST must provide a certificate of insurance indicating $I million Prior to commencing any work or receiving payment for any services performed general liability coverage, showing CITY as additional insured. The insurance shall cover all agreement until one year after final acceptance of the ARTWORK by the City Council. The phases of the project and shall be effective from the first day work is commenced under this insurance must be obtained from a carrier that is admitted and authorized to do business in California and that has a current Best’s Key Rating of not less that “A-:V.” The insurance coverage must be single-limit occurrence coverage and may not be cancelled without thirty (30) days written notice to the CITY sent by certified mail. The ARTIST shall be required to provide proof of automobile liability coverage as required by the Risk Manager. 2. CITY’S OBLIGATIONS (a) The CITY shall make available to the ARTIST, background information on the SITE, if requested by the ARTIST. represents payment in full. The total fee is $50,000 which includes sales tax if required, and all (b) The CITY shall make payment to the ARTIST as shown in Exhibit “A’. This travel and transportation expenses of the ARTIST. year of the ARTWORKS completion will be displayed in the immediate vicinity of the installed (c) A plaque identifying the ARTIST, the title of the ARTWORK, if any, and the ARTWORK at the expense of the CITY. 3. TIME EXTENSIONS there is a delay on the part of the CITY in performing its obligations under this agreement, or if The CITY will grant a reasonable extension of time to the ARTIST in the event that conditions beyond the ARTIST’S control or act of God render timely performance of the ARTIST’S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contracq provided that such obligations shall be suspended only for the duration of such conditions. 4. TERMINATION If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations materials to this agreement, the other party shall thereupon have the right to terminate this agreement by giving notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have (30) days after receipt of the notice to cure the default. It if is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall compensate the ARTIST for all services performed by the ARTIST prior to termination according to the schedule shown in Exhibit “A. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall, at the CINs option become its property, provided that no right to fabricate or execute the Revised 3/20/921Revired 7/9/98 ARTWORK shall pass to the CITY and the CITY shall compensate the ARTIST according to the schedule shown in Exhibit “A for all services performed by the ARTIST prior to default. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue or any breach of this agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. 5. OWNERSHIP OF MATERIAL SUBMITTED the CITY. 6. OWNERSHIP OF THE ARTWORK All materials submitted related to the ARTWORK or the DESIGN are the property of Title to the completed ARTWORK immediately vests in the CITY upon completion, along with all rights of ownership, possession and control. Prior to completion of the ARTWORK, CITY shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the ARTWORK which are on the SITE. 7. REPRODUCTION RIGHTS The ARTIST retains all rights under the Copyright Act of I976 (I 7 U.S.C. 5 IO I et seq.). The ARTIST grants to the CITY a paid in full irrevocable license to make reproduction of the ARTWORK for noncommercial purposes, including but not limited to, reproductions used in CITY business, advertising, brochures. posters, media publicity, catalogs, souvenirs, photographs, the ARTWORK nor make a full scale exact duplicate of the ARTWORK nor alter ARTWORK drawings, or publications of or about the CITY, providing however, the CITY may not re-license by selecting portions without ARTIST’S consent The CITY shall include the ARTIST’S copyright notice on any reproductions and the ARTIST shall include the following words on any reproduction: “An original work commissioned by the City of Carlsbad, California.” 8. REGISTRATION OF COPYRIGHT copyright holder under this agreement. 9. WARRANTIES The responsibility for registration of the copyright shall be the responsibility of the I. Warranty of Title The ARTIST represents and warrants that: (b) The ARTWORK is unique and original and does not infringe upon any (a) The ARTWORK is solely the result of the artistic effort of the ARTIST. copyright. (c) The ARTWORK or a duplicate of the ARTWORK has not been sold elsewhere. 2. Warranty of Quality and Condition THE ARTIST represents and warrants that: (a) The execution and fabrication of the ARTWORK will be performed in a workmanlike manner. (b) The ARTWORK, as fabricated and installed, will be free of defects in materials and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the ARTWORK. Revised 3/20/9URevired 7/9/98 3. Reasonable maintenance of the ARTWORK will not require procedures in excess of those described in the maintenance recommendations to be submitted by the ARTIST to the CITY along with the DESIGN. final acceptance of the ARTWORK. The CITY shall give notice to the ARTIST of any observed The warranty of quality and condition shall survive for a period of one year after the breach with reasonable promptness. The ARTIST, shall at the request of the CITY, and at no cost to the CITY, cure reasonable and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or re-fabrication of the ARTWORK). IO. REPAIRS The CITY will have the right to determine when and if repairs and restorations to the ARTWORK shall be made. I 1. WAIVER "California Art Preservation Act" (Civil Code 5987 et seq.) or the "Visual Artists' Rights Act of The ARTIST recognizes that he or she may have certain rights arising from the expressly made in writing and being fully informed, the Artist and his or her agents, heirs, I990 (I 7 U.S.C.5 I O6A et seq.). Those Acts require that a waiver of their provisions be successors and assigns hereby waive any and all rights he or she may have under the provisions Act of 1990 (17 U.S.C. 5l06A et seq.). The Artist, his or her agents, heirs, successors and of the "California Art Preservation Act" (Civil Code 5987 et seq.) or the "Visual Artists' Rights assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts." 12. STATUS OF THE ARTIST independent contractor and in pursuit of ARTIST'S independent calling, and not as an employee The ARTIST shall perform the services provided for herein in ARTIST'S own way as an of the CITY. ARTIST shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in this agreement. 13. WITHHOLDINGS The CITY shall not make any federal or state tax withholdings on behalf of the ARTIST. The CITY shall not be required to pay workers' compensation insurance on behalf of the ARTIST. The ARTIST agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be this agreement. required to make on behalf of the ARTIST or any employee of the ARTIST for work done under 14. IMMIGRATION ACT Act of 1986 and shall comply with those requirements, including but not limited to, verifying the The ARTIST shall be aware of the requirements of the Immigration Reform and Control eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. Revised 3lZOI9URevised 7/9/98 15. NONDISCRIMINATION CLAUSE The ARTIST shall comply with the state and federal laws regarding nondiscrimination. 16. COVENANTS AGAINST CONTINGENT FEES The ARTIST warrants that he has not employed or retained any company or person, other than a bona fide employee working for the ARTIST, to solicit or secure this agreement, and that ARTIST has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration violation of this warranty, the CITY shall have the right to annul this agreement without liability, contingent upon, or resulting from, the award or making of this agreement. For breach or or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. HOLD HARMLESS AGREEMENT penalties, fines, for any damage to goods, properties, or effects of any person whatsoever, nor The CITY, its officers, and employees shall not be liable for any claims, liabilities, for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of ARTIST or ARTIST'S agents, employees, or representatives. ARTIST agrees to defend, indemnify, and save free and harmless the CITY and its officers and employees against any of the foregoing liabilities or claims of any kinds, and any cost and expense including attorney's fees incurred by the CITY on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in the DESIGN. 18. ASSIGNMENT OF CONTRACT thereunder without the prior written consent of the CITY. 19. SUBCONTRACTING The ARTIST shall not assign this contract or any part therefore or any monies due If the ARTIST subcontracts any of the work to be performed under this agreement, ARTIST shall be fully responsible to the CITY for the acts and omissions of ARTIST'S ARTIST is for the acts and omissions of persons directly employed by ARTIST. Nothing subcontractor and of the persons either directly or indirectly employed by the subcontractor, as of ARTIST and the CITY. The ARTIST shall bind every subcontractor and every subcontractor contained in this agreement shall create any contractual relationship between any subcontractor of a subcontractor by the terms of this agreement applicable to ARTIST'S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 20. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the CITY who is authorized in such capacity and on with the performance of this contract shall become directly or indirectly interested personally in behalf of the CITY to exercise any executive, supervisory, or similar functions in connection this contract or any part thereof. Revised 3/20/9URevired 7/9/98 2 I. VERBAL AGREEMENT OR CONVERSATION either before, during or after the execution of this contract, shall affect or modify any of the No verbal agreement or conversation with any officer, agent, or employee of the CITY, terms or obligations herein contained nor entitle the ARTIST to any additional payment whatsoever under the terms of this contract 22. CONFLICT OF INTEREST with the requirements of the City of Carlsbad Conflict of Interest Code. The ARTIST shall The ARTIST shall file a Conflict of Interest Statement with the City Clerk in accordance report investment of interests in real property. Acknowledged and Accepted ARTIST fir-l3+O*h (print name ~~IARTIsT) By: ATTEST APPROVAL AS TO FORM - Lk”%d& k. MM. Deputy City Attorney Attachment(s): Exhibit A KAREN R. KUNDTZ, Assistant City Clerk Revised 3/20/9URevired 7/9/98 AGREEMENT BETWEEN CITY OF CARLSBAD AND CHRISTOPHER LEE EXHIBIT A Payment Schedule I. Approval of design by City Council 2. Upon completion of 25% of construction 3. Upon completion of 75% of construction 5. Upon acceptance of completed artwork Total $ I0,OOO $20,000 $ I s.000 $ 5,000 $50.000 Revised 3/20/9URevired 7/9/98 \ ‘I AGREEMENT BETWEEN CITY OF CARLSBAD AND CHRISTOPHER LEE EXHIBIT B Description of ARTWORK to be designed, fabricated and installed: I. Two lighting fixtures in the form of large oversized wrenches attached to machine nuts and washers will be attached to the exterior of the front of the building to act as lighting elements. 2. A large, oversized water valve handle will be affixed (recessed) in the center of the windows on the outside of the building. Opposite the handle, in the interior, the artwork will consist of a valve, fittings, reducers and elbows with a laminated glass “drop of water.” Description of ARTWORK to be designed by ARTIST and installed by CIN pond designed for terrazzo flooring. I. “Splash” pattern of a water drop in concentric rings emanating outward as ripples in a Revised 3/20/9URevised 7/9/98 ACORD, CERTIFICATE OF LIABILITY INSURANCE OP IDSS DAlr'"- *WE" 02/11/02 chell L Eggert Insurance Agcy 'mes R. Eggert, Yec/Treas HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 901 Raytheon Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,an Diego CA 92111-1606 ,hone: 858-541-7177 Pax: 858-541-7821 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSURERS AFFORDING COVERAGE Glass Concepts Christopher Lee DBA: 11072 Puebla Dr. La Mesa CA 91941