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HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 09DCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION REJECTED STAFF RECOMMENDATION. (VOICE VOTE: UNANIMOUS) BY A. Hurtado. D. Consider Recommended Artwork and Award Agreement to Russell Rock dba UrbanRock Design for the Inclusive Playground Gateway and Fencing Public Art Project. Arts Commission Recommendation: 1) Approve “Fence Concert” by UrbanRock Design as the artwork for the Inclusive Playground Gateway and Fencing Public Art Project; and 2) Approve Agreement with Russell Rock dba UrbanRock Design for an amount not-to-exceed $130,000, and authorize the City Manager to sign the Agreement, subject to final language approval by the City Manager, and authorize the City Manager to approve additional work not-to- exceed 10% of the amount of the Agreement. (Staff: Chris Ball, Senior Management Analyst) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Chris Ball, Senior Management Analyst DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Recommended Artwork and Award Agreement to Russell Rock dba UrbanRock Design for the Inclusive Playground Gateway and Fencing Public Art Project SUMMARY The City Council is being asked to consider the recommendation of the Arts Commission for the artwork to be installed at the inclusive playground at Tierra Rejada Park and award an Agreement to the artist, Russell Rock dba UrbanRock Design (UrbanRock Design), for the design, fabrication, and installation of the artwork. BACKGROUND Moorpark Municipal Code Chapter 17.50 establishes the City’s Art in Public Places (AIPP) program, with the goal of balancing the community’s physical growth with revitalization and its cultural and artistic resources. This program requires certain residential, commercial, and industrial development projects to either install public artwork or pay an in-lieu fee. In-lieu fees are collected and maintained in the AIPP Fund for use exclusively for the AIPP program. The Arts Commission is tasked with reviewing proposed AIPP projects and providing recommendations to City Council regarding site locations and conceptual design of proposed artwork. On January 15, 2020, the City Council approved the design for an inclusive playground at Tierra Rejada Park and authorized staff to seek grant funding for the project. In June 2020, the Inclusive Playground at Tierra Rejada Park was added to the City’s approved Capital Improvement Projects, contingent on receipt of grant funding to support the project. In 2021 the City was awarded $177,952 through the California State Parks Office of Grants and Local Services Per Capita Program, and in March 2022, the National Parks Service approved funding in the amount of $775,750 through the Land and Water Conservation Fund. Item: 9.D. 98 Honorable City Council 09/06/2023 Regular Meeting Page 2 In June 2022, the City Council approved the allocation of funding from the AIPP Fund for the purpose of installing a public art project consisting of an entrance gateway and decorative fence to further enhance the playground design. Installation of the public art project is to coincide with construction of the playground, which is anticipated to occur in the summer of 2024. The inclusive playground at Tierra Rejada Park will be a significant addition to the City’s recreation facilities for a number of reasons. Unlike the City’s other playgrounds, many of which contain individual accessible elements, the inclusive playground will be fully accessible. This will enable individuals of all abilities, including those with mobility, cognitive, developmental, sight, and hearing impairments, to access the entire playground and its amenities. Site layout, design elements, and play features are carefully thought out and selected to create a safe, engaging space that is developmentally appropriate for all children. Site design also enables parents and caregivers with disabilities to access and interact with their children throughout the playground area. At a community level, the inclusive playground will provide an educational benefit by highlighting the importance of inclusion in everyday activities, regardless of ability level, and by showing that children of all abilities enjoy exploring, interacting, learning and having fun together. The inclusive playground will have regional significance as well. Currently, the nearest fully inclusive playgrounds are in Ventura and Calabasas. The inclusive playground at Tierra Rejada Park, therefore, will fill a recreational need in the east county, serving not only the Moorpark community, but also the surrounding region. To help highlight the unique nature of the inclusive playground and distinguish it within the region, a community-wide naming contest was held during the winter of 2022/23 to identify a formal name for the playground. The outcome of the contest was decided on February 15, 2023, when the City Council formally selected “Enchanted Playground at Tierra Rejada Park” as the name for the inclusive playground. During design development of the inclusive playground, a “whimsical” theme was selected based on input from the Moorpark community. This theme will be expressed as a fun twist on natural and architectural elements throughout the playground design. For example, a central “tree house” feature incorporates an aged wizard-like face in its design while its roots sprout fanciful vines and natural elements that populate a custom sensory wall. Play and functional elements are embellished with stylized natural imagery (forest creatures, flowers, mushrooms, logs, etc.) to infuse a sense of whimsy and nature throughout the site. Preliminary conceptual designs and artwork are included in Attachment 1 for reference. In January 2023, staff released a Request for Qualifications (RFQ) seeking artists for the Inclusive Playground Gateway and Fencing Public Art Project (the Project). The RFQ sought proposals for the design, fabrication and installation of an entrance gateway and decorative fencing (collectively the Artwork) for the playground. The general concept outlined in the RFQ was a sculptural gateway element that spans or borders the pedestrian walkway at the entrance to the playground, with complementary decorative fencing extending from the gateway. 99 Honorable City Council 09/06/2023 Regular Meeting Page 3 No specific sculptural format or artistic elements were prescribed for the gateway feature. However, it was noted that the accompanying fence would serve both a decorative and functional role to keep children within the playground and separate the playground from the parking area. With this in mind, artists were invited to develop their own creative concepts for the Artwork with the goal of creating a unique, welcoming entrance that delights arriving visitors, complements the whimsical theme of the playground, and incorporates the playground name. Additional goals, as stated in the RFQ, included: The artwork should be compliant with the Americans with Disabilities Act (ADA) and safe for installation in a playground environment. The artwork should be engaging and aesthetically pleasing to individuals of all ages, cultures and backgrounds. The artwork should be fabricated from durable materials that can withstand long- term exposure in an outdoor environment, are resistant to vandalism, and require minimal maintenance. The artwork should be a significant addition to the City’s public art collection and grow Moorpark’s reputation as a city that values and supports the arts. The initial January RFQ release attracted four proposals prior to the submission deadline of February 17. Staff re-issued the RFQ in March with several clarifications and a total of seven proposals were ultimately received prior to the April 18 submittal deadline. The artist selection process for this Project followed the procedures outlined in the Arts Master Plan, which observes that best practice involves the creation of a diverse, project- specific selection panel comprised of art and design professionals and appropriate project stakeholders, thereby incorporating professional and community perspectives into the selection process. The selection panel for the inclusive playground public art project (the Panel) included two members of the Arts Commission, two members of the Parks and Recreation Commission, and a representative from the inclusive playground design firm. Commissioners Rose Hoberg and Kim Simons served on the Panel for the Arts Commission while Commissioners Jason Flame and George Estrella participated for the Parks and Recreation Commission. Nate Stutz, the lead consultant on the inclusive playground design from RecWest Outdoor Products Inc., rounded out the 5-member Panel. The Panel met twice during the artist selection process. The first meeting was on April 27 to review the submitted applications and identify three semi-finalists for the project. The three semi-finalists were given one month to develop preliminary artwork proposals. Artist proposals were presented to the Panel on June 1 at the Moorpark Community Center. After careful consideration the consensus of the Panel was to recommend the proposal titled “Fence Concert” by UrbanRock Design for the project. UrbanRock Design is an artist team comprised of Jeanine Centuori and Russell Rock. Russell is a professional artist with a Master in Fine Arts in Painting and is the lead artist and designer of UrbanRock Design. Jeanine is an architect and Fellow of the American 100 Honorable City Council 09/06/2023 Regular Meeting Page 4 Academy of Architects. Both are accomplished artists and designers with many completed projects around the United States. Their studio is located at the Brewery Arts Complex, near downtown Los Angeles. DISCUSSION UrbanRock Design’s proposed Artwork consists of a 10-foot-tall gateway spanning the pedestrian walkway into the playground and a complementary 3½-foot-tall fence. Both the gateway and fence are made up of free form, flowing blue bands constructed of architectural grade aluminum. The playground name is integrated into the gateway design, with “Enchanted Playground” sitting across the top of the arch, and “Tierra Rejada Park” mounted on the underside of the arch. All elements are to be powder coated with color and an anti-graffiti topcoat to ensure durability, stability, and ultraviolet light resistance. The original design infused color and variation into the composition by mounting brightly colored floral imagery along the fence and archway. Illustrations of this original design proposal are included in Attachment 2. Although the proposal from UrbanRock Design was generally well received and recommended by the Panel, some members of the Panel voiced concerns about the selection. These reservations focused on two aspects of the proposed Artwork. The first concern centered around a desire for the gateway to be more prominent and serve as more of a focal point within the overall composition. The second concern recognized a desire for the Artwork to tie in more with the whimsical woodland theme of the inclusive playground. Therefore, the Panel requested that staff share this feedback with the artists and ask that they consider revising their concept to address these reservations. The artists were receptive to the Panel’s feedback and agreed to draft revisions to various elements of the preliminary design to be included for consideration when the recommendation was brought to the Arts Commission. Staff also provided updated playground equipment renderings with a revised fence layout to help inform the artists revisions. UrbanRock Design’s updated “Fence Concert” proposal is included as Attachment 3. In the revised Artwork colorful woodland images (rabbit, fox, pinecone, acorn, mushroom, etc.) replace the original flower imagery on the fence and gateway. The updated gateway also features more robust lettering and additional graphics mounted on the outside, enhancing its dimensionality. The artist narrative describes the Artwork as follows: “Combining imagery of woodlands nature components (animals and plant- life) with the concept of music notation – it seeks to make a rhythmic composition that is colorful and dynamic. Using the sensibility of whimsy, the natural beauty of these components are brought into a musical composition implying sound and movement. . . The composition of natural elements on the fence and gateway utilize theme and variation that are set upon flowing blue bands evocative of flowing water, tree bark, and other patterns found in nature. This piece is an inviting introduction to the Enchanted Playground.” 101 Honorable City Council 09/06/2023 Regular Meeting Page 5 On August 15, 2023, the Evaluation Panel recommendation and updated Artwork proposal were considered by the Moorpark Arts Commission. With three Commissioners in attendance (due to one absence and one vacancy on the Commission), the Commission voted 2 – 1 in favor of recommending UrbanRock Design and their updated proposal for the Project. Those voting in favor of the artwork noted that it is an attractive piece and appreciated that it stands on its own as a piece of art. In casting the dissenting vote, the Commission Chair also complemented the proposal as a stand-alone piece, however, in his opinion, the design is too disconnected from the “Enchanted Playground” theme and therefore not a good fit for the location. The City Council is now asked to consider “Fence Concert” by UrbanRock Design as the artwork for the Inclusive Playground Gateway and Fence Public Art Project and approve an Agreement with the artist for the design, fabrication, and installation of the artwork. Due to the time and coordination required to integrate this art project with the construction of the playground, if the artwork and Agreement are not approved at this time this AIPP project will not move forward. In that case a more traditional fence and gateway would be installed based on the original playground design concepts. These more traditional elements are illustrated in Attachment 4. ENVIRONMENTAL DETERMINATION The Community Development Director has evaluated the Inclusive Playground Gateway and Fence Public Art Project for compliance with CEQA and determined that the proposed action is categorically exempt from environmental review in accordance with Section 15301, Class 1 (existing facilities) and Section 15311, Class 11 (accessory structures). The proposed project involves placement of a minor structural accessory at an existing park facility with no proposed expansion of existing use. FISCAL IMPACT The total cost of the Agreement with UrbanRock Design for the design, fabrication and installation of the artwork is $130,000. Funding in the amount of $450,000 from the AIPP Fund (Fund 2007) is included in the adopted Fiscal Year 2023/24 budget for Capital Improvement Project #C0063. No additional appropriation is needed at this time. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 1, Objective 1.9: “Tierra Rejada Inclusive Playground and Public Art Installation.” 102 Honorable City Council 09/06/2023 Regular Meeting Page 6 ARTS COMMISSION RECOMMENDATION 1. Approve “Fence Concert” by UrbanRock Design as the artwork for the Inclusive Playground Gateway and Fencing Public Art Project; and 2.Approve Agreement with Russell Rock dba UrbanRock Design for an amount not- to-exceed $130,000, and authorize the City Manager to sign the Agreement, subject to final language approval by the City Manager, and authorize the City Manager to approve additional work not-to-exceed 10% of the amount of the Agreement. Attachment 1: Inclusive Playground Preliminary Conceptual Designs and Renderings Attachment 2: UrbanRock Design Original Concept Art Attachment 3: UrbanRock Design Final Presentation Slides Attachment 4: Original Playground Fence and Gateway Design Concepts Attachment 5: Draft Agreement with UrbanRock Design 103 ATTACHMENT 1 Inclusive Playground Conceptual Design & Renderings 104 “Whimsical” Sensory Wall Concept Art 105 Play Equipment Renderings 106 Play Equipment Renderings 107 Parking Lot Playground Swing Zone Fenceline 108 Original UrbanRock Design Concept Art (6/1/2023) ATTACHMENT 2 109 Original Concept Art (6/1/2023) 110 The Artists JEANINE CENTUORI RUSSELL ROCK UrbanRock Design Inclusive Playground Gateway & Fencing Public Art Tierra Rejada Park Moorpark, CA ATTACHMENT 3 111 Fence Concert 112 Inspiration + 113 Qualities of Artwork • Whimsical • Exciting & fun • Appeals to children and adults • Positive and uplifting 114 PROPOSAL 115 Site Plan 116 Elements 117 Gateway 118 119 120 Portion of Fence– There are approximately 16 panels along the 98 ft length of fence. Each panel has a unique set of elements that work together in the composition. 121 Example of Fence Panels 122 Example of Fence Panels 123 Example of Fence Panels 124 Example of Fence Panels 125 Example of Fence Panels 126 Example of Fence Panels 127 Example of Fence Panels 128 Color Palette 129 Fence Concert Our proposal for The Enchanted Playground Gateway and Fence is entitled Fence Concert. Combining imagery of woodlands nature components (animals and plant-life) with the concept of musical notation– it seeks to make a rhythmic composition that is colorful and dynamic. Using the sensibility of whimsy, the natural beauty of these components are brought into a musical composition implying sound and movement. The cadence of forms, colors, and arrangement interplay in this 2-part piece comprised of the fence and the companion gateway element. The composition of natural elements on the fence and gateway utilize theme and variation that are set upon flowing blue bands evocative of flowing water, tree bark, and other patterns found in nature. This piece is an inviting introduction to the Enchanted Playground. Narrative 130 Budget (preliminary) ITEM AMOUNT Professional Fees Artist Fee $20,000 Structural Engineer $2,000 Materials 9 pieces- 4’ x 12’ 6061-T651 aluminum plate- 3/8” thick $8,000 6 pieces- 4’ x 12’ 6061-T651 aluminum plate- ¼” thick $3,500 2 pieces- 4’ x 9’ 6061-T651 aluminum plate- ½” thick $2,250 1 piece- 4’ x 10’ 6061-T651 aluminum plate- ½” thick $1,000 2 pieces- 4’ x 8’ 5052-H32 aluminum plate- ½” thick $1,600 6 pieces- 4” x 20 ft x ¼” t.- 6061-T651 aluminum square tube $3,500 1 piece- 4” x 12 ft x 3/8” t.- 6061-T651 aluminum round tube $250 Hardware (high security fasteners, threaded rod, epoxy) $2,000 Fabrication Waterjet Cutting (18 panels, appliques, gateway) $30,000 Metal Rolling (gateway piece) $1,500 Welding and Assembly of Panels and Gateway $25,000 Powder-coating $12,000 Shipping (between shops) $1,000 Crating and Packing for Shipment $2,000 Site Work Shipping to Moorpark $1,500 Equipment Rental $3,000 Installation Labor $7,500 Contingency $2,400 TOTAL $130,000131 Payment Schedule Onboarding $30,000 Complete design Engineering Coordination w/ parks, landscape arch, etc. Begin Fabrication $25,000 50% fab complete $25,000 100% fab complete $30,000 Installation Documentation Sign-off $20,000 TOTAL $130,000 132 Timeline Design Development 3 weeks Engineering 3 weeks Waterjet Cutting 4 weeks Rolling 1 week Welding and Assembly 6 weeks Powder-coating & Foundation 2 weeks Shipping to Moorpark 1 week Installation 1 week TOTAL TIME 21 weeks 133 Fabrication & Installation Plan Design Development 3 weeks Complete design Meetings w/ Parks, Landscape arch, etc. to review project Engineering 3 weeks Design footings for gateway and fence posts Create Construction documents Begin Fabrication (Digital Design & Fabrication) Purchase material Waterjet Cutting 4 weeks Rolling (Paramount Roll & Form) 1 week Welding and Assembly (Digital Design & Fabrication) 6 weeks Powder-coating 2 weeks Cast Foundations at Site Shipping to Moorpark 1 week Installation (UrbanRock Design with assistance) 1 week TOTAL TIME 21 weeks 134 Materials and Maintenance Plan DIMENSIONS 1. Fence: the fence is 98 ft long, also with a 7 ft long panel. . It is composed of 16 panels that are each 3 ½ ft high x 6 ft long with maximum openings of 4” wide. There is one panel that is about 7 ft long. 2, Gateway: the gateway is 8 ft- 6 in wide x 3 ft – 6 in deep x 12 ft high, and also has maximum openings of 4” wide. MEDIUM The base panels of the fence and gateway are waterjet cut architectural grade 3/8 in thick 6061-T651 aluminum. The floral elements are waterjet cut architectural grade 1/4 in thick 6061-T651 aluminum. They are fastened to the base plate with high security stainless steel machine screw hardware, as are each fence panel to the posts. The posts will be either 4” square or 4” round x 45” high x 3/8” wall thickness 6061-T651 aluminum. The posts will have mortised custom base plates welded in place to accommodate three to four 3/8” thick stainless steel threaded rod tie-downs. These tie-downs are epoxied in place to the foundation and fastened with high security nuts. The gateway will be fabricated in a similar manner with the top portion of the gateway element being rolled, then welded to the verticals to create an entry archway. It will have floral elements fastened to it too. All elements are to be powder coated with a color and an anti-graffiti clear top coat to ensure durability, stability, and UV resistance. The piece has the following powder coated colors from the RAL system: Tiger Drylac Colors: RAL 1017, RAL 1016, RAL 3015, RAL 4003, RAL 4006, RAL 5017, RAL 9010, RAL 5012. CARE AND MAINTENANCE Once applied, powder coating needs to be properly cared for, just like any paint. Powder used on exterior applications needs to be cleaned 2 – 3 times per year. Pressure cleaning The most efficient method of cleaning powder coated surfaces is with a pressure washer using filtered water under low pressure. Mild detergent may be used, but do not use chlorine or harsh cleaning solutions. It is very important that low pressure be used in pressure cleaning. If the pressure is strong enough to move the metal surface, it may be strong enough to damage the finish as well. Avoid using unfiltered tap water or ground water when cleaning the powder coated finish, and pay attention to where the wind blows the water from sprinkler systems. Unfiltered water often causes staining on outdoor products due to sulfur, iron oxide, chlorine, fluoride, and other minerals commonly found in hard water or ground water in certain states. Only filtered water should be used to clean and rinse powder coated products whenever possible. 135 MATERIALS and MAINTENANCE REPORT, cont. Avoid Abrasives Avoid harsh, abrasive cleaners such as steel wool and scourers. Treat the powder coating as you would treat your car paint. Avoid Solvents Any use of a solvent-based cleaner will void any warranty that is issued. Where a solvent is absolutely necessary to remove materials from the surface, such as adhesives, the weakest possible solvent should be used (e.g. methylated spirits, white spirits or isopropyl alcohol). A small and unobtrusive area should be tested prior to attempting to use solvents on significant surfaces. After removal of the surface contaminant, the solvent should be dried from the film, and the area that has been wiped with solvent should be washed with a solution of mild liquid detergent and then rinsed with clean water to ensure complete removal of any solvent residues. Under no circumstances should strong solvents be used. Examples of inappropriate chemicals for cleaning or any contact with powder coatings are gasoline, kerosene, xylene, caustic cleaners (especially kitchen and bathroom detergents) and paint thinners. Always flush metal that has been exposed to cleaner with copious amounts of fresh clean water. If the local water is high in mineral salts, finish powder coated metal cleaning with deionized water and/or a chamois. Damage Repair Where mechanical damage to the powder coating has occurred such that the substrate is exposed, it is certain that the underlying chromate film has been damaged. In order to achieve the maximum corrosion resistance, it is necessary to replace the pretreatment. In some cases it will be possible to apply a suitable chromate pretreatment on site, apply a suitable primer and repaint the damaged area in accordance with the recommendations above. Where on-site application of a chromate pretreatment is not possible, the application of a high performance etch primer to the aluminum is essential to the repair process. Application of a suitable touch-up paint is the only recommended method of damage repair. Touch up paint is available, if necessary, through LVP Powder & Paints- https://www.lvppaints.com/ral-paint-standard-touch-up-aerosol-spray- paint.html CONTACTS Public Artists UrbanRock Design- Russell Rock and Jeanine Centuori 670 Moulton Avenue, # 7 Los Angeles, CA 90031 323-227-0955 Metal Fabricator Justin Phelps Digital Design & Fabrication LLC 1640 Miller Avenue Los Angeles, CA 90063 323-999-4933 136 137 ATTACHMENT 4 Original Fence and Gateway Design Concepts Original Fence Concept Original Gateway Concept 138 AGREEMENT BETWEEN THE CITY OF MOORPARK AND RUSSEL ROCK DBA URBANROCK DESIGN FOR INCLUSIVE PLAYGROUND PUBLIC ART THIS AGREEMENT, is made and effective as of __________________________, between the City of Moorpark, a municipal corporation (“City”) and Russell Rock, a sole proprietor, DBA UrbanRock Design (“Artist”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has a need for certain artistic design, fabrication, and installation services to create public art (“Artwork” or “Work ” or “Works ”) for the inclusive playground at Tierra Rejada Park, located at 11900 Mountain Trail Street, Moorpark, CA 93021 (“Project Site”); and WHEREAS, City desires to contract for such services with a private artist ; and WHEREAS, City wishes to retain Artist for said services as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits , and premises herein stated , the parties hereto agree as follows : 1.TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Artist as an independent contractor in a contractual capacity to perform the services set forth in Exhibit B, Scope of Work and Exhibit C, Artist Proposal, and in accordance with the terms and conditions hereinafter set forth herein and with the authorities and responsibility ordinarily granted to this type of work. In the event there is a conflict between the provisions of Exhibit B, Exhibit C, and this Agreement, the language contained in this Agreement shall take precedence. Artist shall perform the tasks described and set forth in Exhibit B. Artist shall complete the tasks according to the schedule of performance, which is set forth in Exhibits B and C. Compensation for the services to be performed by Artist shall be in accordance with Exhibit C and Section 7 of this Agreement. Compensation shall not exceed the rates or total contract value of one hundred thirty thousand dollars ($130,000) as stated in Exhibit C, without the written authorization of the City Manager. Payment by City to Artist shall be in accordance with the provisions of this Agreement. Page 1 of 25 DR A F T ATTACHMENT 5 139 3.PREVAILING WAGES City and Artist acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Artist agrees to notify any contractors(s) hired by Artist in the commission of the Artwork, that said contractor(s) are bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation California Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto duri ng the term of this Agreement. For every contractor who will perform work on this project, Artist shall be responsible for contractor’s compliance with (a) and (b), and Artist shall take all necessary actions to ensure contractor’s compliance. California Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. Artist is required to provide proof of compliance with California Labor Code Section 1725.5 prior to hiring any contractors or sub- contractors for this project. 4.SPECIAL CONTRACT PROVISIONS Artist agrees to be bound by the terms of these Special Contract Provisions: a)Copyright. The Artwork shall be considered to be “works made for hire” for the benefit of the City. The Artwork and any and all associated intellectual property rights arising from the Artwork, shall be and remain the property of the City without restriction or limitation. The Artist shall not obtain or attempt to obtain copyright protection as to the Artwork. b)Irrevocable License to Reproduce. The Artist hereby grants the City, without additional charge to, or payment by, the City, an irrevocable license to make, or cause to be made, photographs and other two -dimensional reproductions of the Artwork or the Artwork Design for any municipal purpose including, but not limited to, educational, public relations, tourist and arts promotional purposes. For the purposes of this Agreement, the following are examples of permissible reproductions for the above cited purpose s: in brochures and pamphlets pertaining to the City or State; in exhibition catalogs, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books and art and news sections of newspapers; in general books and magazines not pr imarily devoted to art; as well as on slides, CDs, DVDs, film strips, video, computer websites, television, and social media sites. Title to the completed Artwork shall immediately vest in the City upon final acceptance by the City, and all ownership rights shall be transferred, conveyed, and assigned to the City for all purposes permitted by this Agreement. 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 Project Site. Page 2 of 25 DR A F T 140 c)Artist’s Waiver of Rights Artwork Removal. The Artwork may be removed from the Project Site at any time. The Artist and the City acknowledge that the Artist may have certain rights under the federal Visual Artists Rights Act of 1990 (“VARA”). The Artist acknowledges and understands that the installation of the Artwork at the Project Site may subject the Artwork to destruction, distortion, mutilation, or other modification due to the acts of third parties or to its removal, repair, maintenance, storage, or transfer of ownership. Limited VARA Waiver. In consideration of the mutual covenants and conditions in this Agreement, and except as otherwise provided for in this Agreement, the Artist agrees to waive any right that the Artist may have under VARA to prevent the removal of the Artwork, or the destruction, distortion, mutilation, or other modification of the Artwork which arises from, is connected with, or is caused or claimed to be caused by the removal, repair, maintenance, storage, or transfer of ownersh ip of the Artwork by the City, or their elected officials, officers, employees, agents, or representatives, or the presence of the Artwork at the Project Site, to the maximum extent permitted by law. California Civil Code Section 987 Waiver. The Artist and the City acknowledge that the Artist may have certain rights under California Civil Code Section 987 which are not preempted by VARA. In consideration of the mutual covenants and conditions in this Agreement, and to the maximum extent permitted by law, the Artist waives any rights which the Artist or the Artist’s heirs, beneficiaries, devisees, or personal representatives may have under California Civil Code Section 987 to prevent the removal, destruction, distortion, mutilation, or other modification of the Artwork. Rights of Artist’s Heirs, Successors and Assigns. The Artist’s VARA rights under this Agreement shall cease with the Artist’s death and do not extend to the Artist’s heirs, successors or assigns. d)Risk of Loss. Until the Artist receives an artwork acceptance notice from the City, any theft of, damage or vandalism to, or acts of God or nature affecting the Artwork are the Artist’s responsibility, including, but not limited to, any loss occurring during the fabrication, storage, transportation, delivery, or installation of the Artwork. Notwithstanding the foregoing, the Artist is not responsible for any damage to the Artwork arising from the sole negligence or willful misconduct of the City, its agents, employees, representatives, and contractors. e)Errors and Omissions. The City's acceptance of the Artwork shall not release the Artist of the responsibility for the correction of errors or omissions that the Artwork may contain, including any errors or omissions which arise from the Artist’s errors or omissions, or the errors and omissions of the Artist’s employees, agents, representatives, or sub-consultants regardless of whether these errors or omissions were the result of circumstances unforeseen at the time these deliverables were developed or approved. Page 3 of 25 DR A F T 141 f)Defects in Workmanship. The Artist represents and warrants that all work by the Artist and/or contractors will be performed in accordance with professional standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of final acceptance by the City. g)Breach of Warranty. If within the warranty period the City observes a breach of warranty that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses and loss incurred by the City as a result of the breach. However, if the Artist disclosed the risk of this damage and the City accepted in writing that it may occur, it shall not be deemed a breach for purposes of this Agreement. h)Hazardous Materials. The Artist represents and warrants that the Artwork and the materials used are not currently known to be hazardous or potentially hazardous to any plant life, animal life, human life, or natural ecosystem. i)Public Safety. The Artist represents and warrants that the Artwork shall not constitute any threat to the safety of persons or property when used in the manner for which it is designed. j)Maintenance. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in a maintenance plan submitted by the Artist. k)Acceptable Standard for Display. Artist represents and warrants that general routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard for public display; foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard for public display; with general routine cleaning and repair, and within the context of foreseeable exposure to the elements a nd general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling; and to the extent the Artwork incorporates products covered by a manufacturer’s warranty, the Artist shall provide copies of such warranties to the City. l)Ownership of Documents. All original designs, plans, specifications, reports, documentation, and other informational materials, whether written or readable by machine, originated, or prepared exclusively for the City pursuant to this Agreement (“Work Product Materials”) shall become the joint property of the City and the Artist. The Artist shall deliver such documents to the City whenever reasonably requested to do so by the City. Artist may not provide, transfer or otherwise convey any of the Work Product Materials to any third party without the City’s prior, written consent. m)Reproduction Rights. In view of the intention that the Artwork shall be unique, the Artist shall not make any additional exact duplicate two or three -dimensional reproductions of the Artwork, nor shall the Artist grant permission to others to do so except Page 4 of 25 DR A F T 142 with the written permission of the City. However, nothing shall prevent the Artist from creating future artworks in the Artist’s manner and style of artistic expression. n)Acknowledging the City. The Artist shall use the Artist’s best efforts in any public showing or on a résumé to give acknowledgment to the City in substantially the following credit line: “An artwork commissioned by the City of Moorpark.” o)City’s Right to Repair and Conserve. The City shall have the right to determine when and if repairs and restorative conservation to the Artwork will be made. It is the policy of the City to consult with the Artist regarding repairs and restorative conservation which is undertaken up to five (5) years after final payment has been made, when practicable. In the event that the City makes repairs or restorative conservation not approved by the Artist, the Artist shall have the right to disown the Artwork as the Artist’s creation and request that all credits be removed from the Artwork and reproductions thereof. p)Standards of Repair and Conservation. All repairs and restorative conservation, whether performed by the Artist, the City, or by third parties responsible to the Artist or the City, shall be made in accordance with professional conservation standards and in accordance with the maintenance manual provided to the City by the Artist. q)Notification in the Event of Removal or Relocation. The City, at its sole discretion, shall make reasonable efforts to notify the Contractor in a reasonable time prior to any removal or relocation of the Artwork. In the event of removal from City property, the City may offer the Artwork to the Artist free of charge, but the Artist shall cover all costs associated with removal and delivery of the Artwork to a contractor designated site. The removal must occur without damage to the City’s property and shall occur on a date and in a manner which is mutually approved by the City and Artist. 5.PERFORMANCE Artist shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Artist shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Artist hereunder in meeting its obligations under this Agreement. 6.MANAGEMENT The individuals directly responsible for Artist’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison s between City and Artist shall be Jeanine Centuori and Russell Rock, and no other individuals may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Artist and City, shall be the City Manager or the City Manager’s designee. Page 5 of 25 DR A F T 143 7.PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form, before payments may be made to vendors. The Artist shall receive a fee (Artist's Fee) of twenty thousand dollars ($20,000) upon completion of the Artwork and final acceptance by the City Council of the City of Moorpark of the Artwork. The Artist shall be reimbursed for other project related expenses in accordance with the Schedule of Payment as set forth in Exhibit C. The Project Budget, excluding the Artist's Fee, shall not exceed one hundred thirty thousand dollars ($130,000) for work directly related to the services set forth in Exhibit B and Exhibit C. Artist shall complete the tasks according to the Schedule of Performance , which is set forth in Exhibit C. Artist shall submit invoices in accordance with the Schedule of Payment set forth in Exhibit C. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Artist’s fees or expenses it shall give written notice to Artist within thirty (30) days of receipt of any disputed fees set forth on the invoice. Artist shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manage r. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. 8.TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Artist at least ten (10) days prior written notice. Upon receipt of said notice, the Artist shall immediately cease all work under this Agreement, unless the notic e provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Artist may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. If the Agreement is terminated by Artist prior to final acceptance of the Artwork by the City Council, Artist shall forfeit the twenty thousand dollar ($20,000) Artist's Fee. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension and consistent with the Schedule of Payment, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. Page 6 of 25 DR A F T 144 9.DEFAULT OF ARTIST The Artist’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Artist is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Artist for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Artist. If such failure by the Artist to make progress in the performance of work hereunder arises out of causes beyond the Artist’s control, and without fault or negligence of the Artist, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Artist is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Artist a written notice of the default. The Artist shall have seven (7) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Artist fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10.LIQUIDATED DAMAGES If the Artist fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Artist shall forfeit and pay to the City, as liquidated damages, the sum of one hundred dollars ($100.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Artist under the terms of this Agreement. Progress payments made by the City after the specified completion date shall not constitute a waiver of liquidated damages by the City. 11.OWNERSHIP OF DOCUMENTS Subject to additional requirements in Special Contract Provisions, Artist shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of servi ces under this Agreement. Artist shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly iden tified and readily accessible. Artist shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before an y such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. Page 7 of 25 DR A F T 145 Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Artist. With respect to computer files, Artist shall make available to the City, at the Artist’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12.INDEMNIFICATION AND HOLD HARMLESS To the maximum extent permitted by law, the Artist agrees to defend, indemnify, protect and hold City, its elected and appointed officials, officers, employees, agents, and volunteers, free and harmless from any and all claims asserted, and/or actual or alleged liability for damages or injuries to any person or property including Artist's employees, agents, representatives or subcontractors, and/or claims and liabilities arising directly or indirectly from, or that are connected with, or are caused or claimed to be caused by, the acts or omissions of the Artist, the Artist’s employees, agents, representatives or subcontractors, or anyone acting on the Artist’s behalf. The obligation to indemnify shall be effective even if the passive negligence of the City, its agents, officers or employees contributes to the loss or claim. The Artist further agrees that the duty to defend includes payment of attorney’s fees and all costs associated with enforcement of this indemnification provision, defense of any claims arising from this Project; and, where a conflict of interest exists, or may exist between the Artist and the City, the reasonable cost of attorney’s fees and all other costs if the City chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Project. The Artist’s duty to indemnify, defend, and hold harmless shall not include any claims or liability (i) to the extent arising from the active negligence, sole negligence, or willful misconduct of the City, its agents, officers or employees, as established by final court decision; or (ii) where otherwise prohibited or preempted by law. Without in any way limiting the generality of the foregoing, the Artist represents and warrants that the Artwork is solely the result of the artistic effort of the Artist. Any and all materials or deliverables, including but not limited to the Artwork De sign and/or the Artwork (collectively, “Works”), provided under this contract are unique, original, an edition of one, not encumbered and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. The Artwork has not been accepted for sale elsewhere; the Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; the Artwork is free and clear of any liens from any source whatsoever; all artwork created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party; the Artist has the full power Page 8 of 25 DR A F T 146 to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, and/or statutes, and with all necessary care, skill, and diligence. If any of the deliverables, materials or Works provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Artist to produce, at Artist’s own expense, new non-infringing materials, deliverables or Works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Artist further agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers and agents from and against any and all claims, liabilities, actions, costs, judgments and/or damages of any type alleging or threatening that any materials, deliverables, supplies, equipment, services or Works provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claims of Infringement). If a Third Party Claim of Infringement is threatened or made before Artist receives payment under this contract, City shall be entitled, upon written notice to Artist, to withhold some or all of such payment. The City does not and shall not waive any rights that it may have against the Artist by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this agreement between the Artist and the City. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs and expenses described in this Section. 13.INSURANCE Artist shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14.INDEPENDENT CONTRACTOR Artist is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Artist shall at all times be under Artist’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Artist or any of Artist’s officers, employees, or agents, except as set forth in this Agreement. Artist shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Artist shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Artist in connection with the performance of this Agreement. Except for the fees paid to Artist as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Artist for Page 9 of 25 DR A F T 147 performing services hereunder for City. City shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder. 15.LEGAL RESPONSIBILITIES The Artist shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Artist shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Health and Safety Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Artist to comply with this Section. 16.ANTI DISCRIMINATION Neither the Artist, nor any subconsultant under the Artist, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex or gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person, except as provided in California Government Code Section 12940. The Artist shall have responsibility for compliance with California Labor Code Section 1735, if applicable. 17.UNDUE INFLUENCE Artist declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method o f coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Artist, or any officer, employee or agent of Artist, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 18.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 19.CONFLICT OF INTEREST Artist shall provide no service or enter into any agreement with any individual or entity that has an agreement to provide services , materials, or equipment to City without the prior written consent of the City Manager . Page 10 of 25 DR A F T 148 Artist shall not accept a gift from any person or entity doing business with the City. For purposes of this Agreement , a gift is defined as provided for in California Government Code Section 87300, et seq . and Title 2, Division 6, California Code of Regulations, Section 18730 and amendments or supplementary thereto . 20.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: UrbanRock Design 670 Moulton Ave. # 7 Los Angeles, CA 90031 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21.CHANGE IN NAME Should a change be contemplated in the name or nature of the Artist’s legal entity, the Artist shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 22.ASSIGNMENT Artist shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Artist is uniquely qualified to perform the services provided for in this Agreement. 23.LICENSES At all times during the term of this Agreement, Artist shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. Page 11 of 25 DR A F T 149 24.VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Artist understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 25.COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 26.ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 27.CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 28.AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 29.PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Artist’s Proposal. 30.INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally and shall not Page 12 of 25 DR A F T 150 be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 31.WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 32.AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Artist warrants and represents that he/she has the authority to execute this Agreement on behalf of the Artist and has the authority to bind Artist to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK RUSSELL ROCK DBA URBANROCK DESIGN By:_______________________________ By:_______________________________ Troy Brown, City Manager Russell Rock Attest: __________________________________ Ky Spangler, City Clerk Page 13 of 25 DR A F T 151 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Agreement, A rtist will maintain insurance in conformance with the requirements set forth below. Artist will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. A rtist acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to C ity in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Artist shall provide the following types and amounts of insurance: 1.Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross l iability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Artist’s policy shall contain no endorsements limiting cove rage beyond the basic policy coverage grant for any of the following: •Explosion, collapse or underground hazard (XCU) •Products and completed operations •Contractual liability 2.Artist shall provide Worker’s Compensation insurance on a State of California approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. A Worker’s Compensation Insurance Certificate shall be filed with the City before beginning work, unless Artist signs a written certification that Artist is aware of the provisions of California Labor Code Section 3700 et seq., which requires every employer to be insured against liability for Worker’s Compensation, and that no one other than Artist, or a legal subcontractor, will perform any services under this Agreement. In the event the Worker’s Compensation Insurance submitted by the A rtist becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the Artist to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written notice by certified mail to the C ity prior to cancellation or modification. Page 14 of 25 DR A F T 152 In lieu of the above, the Artist may provide certification to the City on a form to be provided by the City that there are no employees other than the A rtist engaged in the project. 3.Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If A rtist owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Artist’s employees will use personal autos in any way on this project, Artist shall provide evidence of personal auto liability coverage for each such person. 4.Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Artist, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A-or better and a minimum financial size VII. Artist and City agree as follows: 1.Artist agrees to endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (ongoing operations) and No. CG 2037 (completed operations) with edition acceptable to the City. Artist also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Agreement to do likewise. 2.Any waiver of subrogation express or implied on the part of City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Artist agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others Page 15 of 25 DR A F T 153 involved in any way with the project(s) contemplated by this agreement, to do likewise. 3.All insurance coverage maintained or procured by Artist or required of others by Artist pursuant to this Agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Artist or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4.It is agreed by Artist and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5.None of the coverages required herein will be in compliance wit h these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6.All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Artist shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, C ity has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Artist or deducted from sums due Artist, at City option. 8.Artist agrees to endorse, and to require others to endorse, the insurance provide d pursuant to these requirements, to require thirty (30) days’ notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. Page 16 of 25 DR A F T 154 9.It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Artist or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self- insurance available to City. 10.Artist agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Artist, provide the same minimum insurance coverage required of Artist. Artist agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Artist agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Artist agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. A rtist agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12.Artist agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Artist’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Artist, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 13.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the A rtist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, the City will negotiate additional compensation proportional to the increased benefit to City. 14.For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 15.Artist acknowledges and agrees that any actual or alleged failure on the part of City to inform Artist of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16.Artist will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or Page 17 of 25 DR A F T 155 terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is effective upon issuance of a Notice of Completion by the City. 17.Artist agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18.Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. Page 18 of 25 DR A F T 156 EXHIBIT B SCOPE OF WORK ➢Execution of an Agreement for Public Art Project with the City, including compliance with all insurance requirements noted therein. Artists are responsible for understanding what is required with regard to the insurance before submitting a proposal. ➢Research, including examination of the site, reviewing pertinent documents, meeting with City staff involved in the project, as well as members of the community. ➢Creation and submission of one Schematic Design. ➢Participation in a critique of the Schematic Design by the Moorpark Arts Commission. ➢Attendance at one meeting with members of the community to present the Schematic Design and gather feedback. ➢Development and submission of a Final Proposal. ➢Participation in a review of the Final Proposal by the Arts Commission and Staff. ➢Participation in a review of the Final Proposal by the Moorpark City Council. ➢Development and submission of wet-stamped engineering and construction documents. ➢Participation in the revision and approval process for engineering and construction documents, as necessary. ➢Fabrication and finishing of all Artwork components, including a plaque identifying the artist, title, year and crediting the Art In Public Places program. ➢Provide all labor and materials, tools, equipment, transportation and services necessary for and incidental to the inst allation of all Artwork components at the project site. o Note: Construction of footings to be completed by City contractor under separate contract. ➢Coordination of installation with City staff and contractor(s) for the inclusive playground project. ➢Contracting and management of all subcontractors required for completion of all phases of the project, including, but not limited to, plans and engineering, fabrication, transportation, and installation of the Artwork. o Any portions of the work for this project that are considered a “public work” pursuant to Labor Code Section 1720 et seq. require a contractor licensed with the CSLB and registered with the DIR. Artist shall be solely responsible for ensuring that subcontractors (if any) have valid appropriate licenses and registrations under California law or the applicable jurisdiction. Page 19 of 25 DR A F T 157 ➢Coordinate with City staff for progress inspections and verification of project milestones. ➢Submission of an Artwork maintenance report. ➢Participation in ribbon-cutting ceremony and/or outreach to press. ➢Coordination with City staff, as needed throughout the project. Some meetings, except meetings between the artist and members of the community, may be conducted remotely, as necessary and as solely determined by City staff. DESIGN CONSIDERATIONS The Artwork consists of two components: 1)An entrance gateway welcoming visitors to the inclusive playground. 2)A low decorative fence bordering the west side of the playground and separating it from the parking lot. Design considerations for the entrance gateway component include: ▪Three-dimensional welcoming gateway as viewed from the parking lot and walkway to the west, and visually appealing when viewed from all other angles. ▪Span the walkway and/or occupying space on both sides of the walkway at the entrance to the park/playground. ▪Be compliant with all Americans with Disabilities Act (ADA) specifications. ▪Complement the “whimsical” theme of the playground. ▪Incorporate the name “Enchanted Playground at Tierra Rejada Park”. ▪Constructed of metals or other solid, durable mediums. ▪Do not include a water feature. Design considerations for the fence component include: ▪Visually interesting and complement the “whimsical” theme of the playground and design of the gateway component. ▪Serve as a functional barrier along the western edge of the inclusive playground, separating the play area from the parking lot. ▪Constructed of metals or other solid, durable mediums. ▪Approximately 42” in height and approximately 105’ in length. The path of travel must comply with the final inclusive playground construction plans, currently under development. Page 20 of 25 DR A F T 158 Overall considerations for the Artwork: ▪Must be an original, site-specific artistic enhancement to the location that attracts and welcomes visitors to the inclusive playground. ▪Must be safe for installation in a playground environment and not contain any hazardous elements, including those identified in the Public Playground Safety Handbook published by the U.S. Consumer Product Safety Commission. ▪Must be engaging and aesthetically pleasing to individuals of all ages, cultures and backgrounds. ▪Embody high aesthetic quality, including consideration of c ontent, craftsmanship, uniqueness and relevance to its location. ▪Evoke a sense of whimsy, echoing the theme of the inclusive playground . ▪Be a significant addition to the City’s public art collection and grow Moorpark’s reputation as a city that values and supports the arts. ▪Fabricated from durable, safe materials that can withstand long-term exposure in an outdoor environment, are resistant to vandalism, and require minimal maintenance. ▪Specific product types and brands, such as primer, paint, sealer or oth er materials will require City approval prior to installation. ▪Must be original art that is solely the result of the artistic effort of the Artist(s). Any and all materials and deliverables including, but not limited to, the Artwork and its design must be unique, original, an edition of one, not encumbered, and must not infringe upon the copyright, trademark, patent, or other intellectual property rights of any third party, or are in the public domain. SCHEDULE: The City anticipates construction of the inclusive playground to begin in summer 2024. Artist must complete the Artwork by [DATE TBD] and work with City staff and the contractor(s) for the inclusive playground to ensure that delivery of the Artwork is coordinated with all other site improvements and completed prior to the opening of the inclusive playground. ARTWORK TO BE COMPLETE UPON DELIVERY: Artwork must be delivered finished and ready to be installed. No on -site fabrication or finishing work will be permitted unless Artist is registered with the California Department of Industrial Relations and possesses an active State of California Contrac tor’s License appropriate for the work. Page 21 of 25 DR A F T 159 Budget (preliminary) ITEM AMOUNT Professional Fees Artist Fee $20,000 Structural Engineer $2,000 Materials 9 pieces- 4’ x 12’ 6061-T651 aluminum plate- 3/8” thick $8,000 6 pieces- 4’ x 12’ 6061-T651 aluminum plate- ¼” thick $3,500 2 pieces- 4’ x 9’ 6061-T651 aluminum plate- ½” thick $2,250 1 piece- 4’ x 10’ 6061-T651 aluminum plate- ½” thick $1,000 2 pieces- 4’ x 8’ 5052-H32 aluminum plate- ½” thick $1,600 6 pieces- 4” x 20 ft x ¼” t.- 6061-T651 aluminum square tube $3,500 1 piece- 4” x 12 ft x 3/8” t.- 6061-T651 aluminum round tube $250 Hardware (high security fasteners, threaded rod, epoxy) $2,000 Fabrication Waterjet Cutting (18 panels, appliques, gateway) $30,000 Metal Rolling (gateway piece) $1,500 Welding and Assembly of Panels and Gateway $25,000 Powder-coating $12,000 Shipping (between shops) $1,000 Crating and Packing for Shipment $2,000 Site Work Shipping to Moorpark $1,500 Equipment Rental $3,000 Installation Labor $7,500 Contingency $2,400 TOTAL $130,000Page 22 of 25 DR A F T 160 Payment Schedule Onboarding $30,000 Complete design Engineering Coordination w/ parks, landscape arch, etc. Begin Fabrication $25,000 50% fab complete $25,000 100% fab complete $30,000 Installation Documentation Sign-off $20,000 TOTAL $130,000 Page 23 of 25 DR A F T 161 Timeline Design Development 3 weeks Engineering 3 weeks Waterjet Cutting 4 weeks Rolling 1 week Welding and Assembly 6 weeks Powder-coating & Foundation 2 weeks Shipping to Moorpark 1 week Installation 1 week TOTAL TIME 21 weeks Page 24 of 25 DR A F T 162 Fabrication & Installation Plan Design Development 3 weeks Complete design Meetings w/ Parks, Landscape arch, etc. to review project Engineering 3 weeks Design footings for gateway and fence posts Create Construction documents Begin Fabrication (Digital Design & Fabrication) Purchase material Waterjet Cutting 4 weeks Rolling (Paramount Roll & Form) 1 week Welding and Assembly (Digital Design & Fabrication) 6 weeks Powder-coating 2 weeks Cast Foundations at Site Shipping to Moorpark 1 week Installation (UrbanRock Design with assistance) 1 week TOTAL TIME 21 weeks Page 25 of 25 DR A F T 163