HomeMy WebLinkAboutAGENDA REPORT 2015 1104 CCSA REG ITEM 09B ITEM 9.B.
CITY OF MOORPARK,CALIFORNIA
City Councii Meeting
of
ACTION:
MOORPARK CITY COUNCIL 7., ,
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Senior Management Anal le
DATE: October 21, 2015 (CC Meeting of 11/04/2015) '
SUBJECT: Consider Recommendation of the Arts Commission for Public Art
Project at Moorpark Police Services Center and Award Agreement to
Selected Artist for Art Project at Moorpark Police Services Center
BACKGROUND
In May 2005, the City Council adopted City Ordinance 321 to require certain
development projects to provide public art. Ordinance 321 also created an Art in Public
Places Fund where fees paid by developers for public art are deposited, maintained,
and used solely for the City's Art in Public Places Program.
DISCUSSION
A Request for Qualifications (RFQ) for an artist to design artwork at the Moorpark Police
Services Center (PSC) was released in March 2015. Staff received eighteen responses
to the RFQ by the deadline of May 1, 2015. At their regular meeting on May 19, 2015,
the Arts Commission (Commission) reviewed the submittals and selected five artists to
participate in interviews with the Commission. The interviews were held at a special
meeting of the Commission on June 23, 2015. Staff has attached the selected artists'
conceptual ideas to this report. A summary of the artists selected to participate in the
interviews and present their concepts follows:
• Shiela Cavaluzzi (Attachment 1) — Ms. Cavaluzzi creates traditional bronze
figural artwork. Most of her past works have been created for the City of
Burbank's public art program. Ms. Cavaluzzi's concept for the project at the PSC
is a statue of an officer, set in the entry plaza. She has a couple variations on the
stance and positioning of the statue. She titles the work "Walk of Honor" which in
the artist's words "represents a peace officer's journey of preserving peace
through empathy and respect".
• Gordon Huether (Attachment 2) — Mr. Huether creates contemporary modern art
works using metals and glass. His resume includes public and private art
installations all over the country and the world. Mr. Huether presented three 2
Honorable City Council
November 4, 2015
Page 2
concepts for this project: star, obelisk, and gateway. The Commission preferred
his gateway concept, which includes several circular rings ranging in height and
angle, radiating forward from the entry plaza. The circles would incorporate
pieces of dichroic glass which captures light and color in different ways. The
artist described the gateway as "....draws focus towards and connection to the
entrance of the Police Services Center and to the surrounding streetscape, and
invites community engagement."
• Jon Krawczyk (Attachment 3) — Mr. Krawczyk creates contemporary modern
artworks utilizing stainless steel in various matte and glossy finishes. His public
art projects can be found all around the country. Mr. Krawczyk's concept for the
PSC is to create an interactive grouping of pillars with various sayings that
represent police work. The pillars would be colored and could be designed to be
moved or rotated so that different words could be displayed on different sides of
the piece, and they could be viewed without having to walk around the artwork.
• Heath Satow (Attachment 4) - Mr. Satow has been designing contemporary
modern public art projects since 1993. Most of his commissions have been public
art projects and they are showcased around the country, including many
locations in California, Colorado, Nevada and reaching across the globe to Dubai
and South Korea. Mr. Satow primarily works in mirror polished stainless steel.
Mr. Satow's proposed concept centers around a concept within the law
enforcement community known as the "Thin Blue Line". The Thin Blue Line has
been used to commemorate fallen law enforcement officers, but also represents
the relationship of law enforcement in the community as the protectors of civilians
from criminal elements. Mr. Satow proposes an abstract figure of a police officer
made from mirror polished stainless steel set on a pedestal located in the front
entry plaza. The abstract figure would be split down the middle and will consist
of two stainless steel pieces set close together. At night, the artwork would be
illuminated through the middle by a blue light that would create a "thin blue line"
through the piece. At night all that would be seen of the piece is the blue line.
• Roger Stoller (Attachment 5) — Mr. Stoller has an extensive resume. He has been
creating public art projects since 1999. Mr. Stoller works with metals, such as
stainless steel and bronze, in a contemporary style. Mr. Stoller's concept for the
PSC is a "metal lace" artwork made of low carbon stainless steel that would be
laser cut with images relevant to police work. The piece is proposed to be placed
in the courtyard area and tall enough to be seen above the half wall at the PSC.
In general, the Commission was impressed with all five of the Artists. All of the Artists
presented basic conceptual ideas that the Artists would, once selected, refine with input
from City staff and the Commission. While the Commission could see a place for each
idea at the PSC and other locations around the City, the Commission unanimously
agreed on recommending Heath Satow's conceptual idea, "Thin Blue Line", as being
the most unique and appropriate fit for the site.
3
Honorable City Council
November 4, 2015
Page 3
Staff has discussed the artwork concept with the Police Captain and his staff. Initially,
there was some hesitation to support the concept of Mr. Satow's artwork, as they
preferred a more traditional bronze sculpture of a Police Officer. However, once staff
had an opportunity to describe the concept of the artwork in detail, they have
communicated to staff that they support Mr. Satow's proposal and endorse the
Commission's recommendation. Police staff pointed out some unique challenges
presented by a bronze figural sculpture. For instance, items such as uniforms, utility
belts, hats and badges are or can be unique to each department. We would have to
ensure that the artwork is sufficiently neutral, so as to not represent one police
department. Also, should the City elect to provide its own police services in the future,
the statue would not reflect those unique items.
Staff concurs with the Commission's recommendation. Mr. Satow's concept is a
contemporary design which reflects the design of the building. It is also a unique
concept, represents an idea in modern policing, and would stand out on the corner
where it is proposed to be placed. The material Mr. Satow is proposing has the added
benefit of making the art piece look different throughout the day. The use of the mirror
polished stainless steel will change the way the artwork looks as the sun reflects on it
from different angles.
Staff is proposing for the Arts Commission to form an Ad Hoc Committee so that they
can assist the artist through the development of the conceptual plan. It is staff's intent to
include the Police Captain, or his designee, on the Ad Hoc Committee to provide
feedback on the artwork, as it relates to police work. The final artwork design would be
brought back to the City Council for final approval.
Mr. Satow's concept keeps the existing landscaping in the plaza area intact. However,
staff will evaluate the courtyard design separately to determine if changes should be
made to reduce overall water consumption. At a minimum, staff proposes to remove
the turf and replace the turf with decomposed granite, or other low water use option. In
addition, the purple leaf plum trees (Prunus cerasifera `atropurpurea) have been
infested with boring beetles and several have been replaced on more than one
occasion. Staff recommends replacing the trees with western redbuds (Cercis
occidentalis). Western redbuds are small patio sized trees, similar in size to the existing
plum trees, and are native to the California foothills.
FISCAL IMPACT
Funds for the artwork are included in the Art in Public Places fund for Fiscal Year
2015/16 in the amount of $150,000. No additional appropriation for the artwork is
needed at this time. Any landscape renovation costs would be presented to the City
Council at the conclusion of the conceptual project design phase.
4
Honorable City Council
November 4, 2015
Page 4
STAFF RECOMMENDATION
1 . Approve the selection of Heath Satow as the Artist for the Public Art Project at
the Police Services Center; and
2. Approve Agreement with Heath Satow for an amount not to exceed $145,000,
and authorize City Manager to sign the Agreement, subject to final language
approval of the City Manager.
Attachments:
1 — Shiela Cavaluzzi Concepts
2 — Gordon Huether Concepts
3 — Jon Krawcyzk Concepts
4 — Heath Satow Concepts
5 — Roger Stoller Concepts
6 —Agreement
5
ATTACHMENT 1
SHIELA
CAVALLUZZI
6
ATTACHMENT 1
818.568.8726 Shiela Cavalluzzi
scavalluzzi4@gmail.com
www.shielacavalluzzi.blogspot.com
Public Art
Home Taiko
Bronze 6'x 40"x 40" 2011-12 Bronze 10'x 7' x 3' 2008-9
Memorial Field Plaza Burbank, CA Taiko Village Burbank, CA
Trackwalker St. Vianet, Madonna & Child
Bronze 6'8"x 6'x 3' 2010 Bronze 4' x 40" x 2' 1998
Chandler Bikeway Burbank, CA Los Angeles Men's Prayer Center Los Feliz, CA
Impact The Guardians
Bronze 7'x 4'x 3' 2008-9 Bronze 12'x 5' x 4' 1997
DeBell Clubhouse Burbank, CA Police & Fire Headquarters Burbank, CA
Shows & Exhibits
Anuvue Studio, Huntington Beach, CA
Sherwood Gallery, Laguna Beach, CA
Laurels, St. Helena, CA
Affaire in the Gardens, Beverly Hills, CA
Sugarland Art Fair, Gaithersburg, MD
Fine Art Festival, Malibu, CA
OCCA/City of Brea, CA
Education
BA, Art California State University, Long Beach
References
Marisa Garcia Ron McPherson
Director Owner
Art in Public Places, Burbank, CA La Paloma Fine Arts, Sun Valley, CA
818.238.5300 818.504.6161
MGarcia@burbankca.gov Ron@LaPalomaArt.com
Bonnie Teaford
Director
Public Works, Burbank, CA
818.238.3915
BTeaford@burbankca.gov
7
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ATTACHMENT 2
CORDON
HUETHER
ATTACHMENT 2
GORDON HUETHER i RESUME
BIRTHPLACE
1959 Rochester, NY
EDUCATION
1990-92 Life Center Collaborative Project with Professor Johannes Schreiter, Napa,CA
1986 Pilchuck Glass School, Stanwood,WA
1980-82 Apprenticeship at Universal Glass Studio, Blieskastel,Germany
LECTURES ! TEACHING 'APPOINTMENTS
2014 AAAE Arts in the Airport Workshop, "Trials, Tribulations&Triumphs of Integrating Art into Airports" San
Francisco,CA
2011 American Institute of Architects Design Conference, "The Great Collaboration Integrating Art&Architecture"
Monterey, CA
2009 Stained Glass Association of America, "Stained Glass Then and Now" Oklahoma City, OK
University of San Francisco,School of Architecture, "Art in Architecture" San Francisco, CA
2008 Homeless Assistance Center, "Art Matters" Dallas,TX
2007 BECon Conference, "Making Art,Love and Money" Portland,OR
2006 Board Member,American Institute of Architects SF,Center for Architecture&Design
2005 Chairman, Planning Commission,Napa, CA
2002 President, Board of Trustees, Napa Valley Museum, Napa,CA
2000 Urban Art Commission&The American Institute of Architects, "Designing our Community Through Art in
Architecture" Memphis, TN
1999 American Institute of Architects National Conference,Guest Lecture, "Public Art in America" Dallas,TX
1998 American Institute of Architects National Conference, "Redefining Contemporary Glass"
San Francisco,CA
1997 Society for Environmental Graphic Design National Conference,Guest Lecture,
San Francisco,CA
1996 PLANETREE Annual Conference, "Light and Color Elements that Heal" San Francisco,CA
MOST RECENT SELECTED EXHIBITIONS
1997—Present Resident Artist,Artesa Winery, Napa,CA
2012—Present -Lr On rirt,Public Art Walk,Napa,CA
2010—Present Public Art Walk, Yountville,CA
2014 12 r 1.1,Artamo Gallery,Santa Barbara,CA
2014 Currerits,St. Supery Estate Vineyards&Winery, Rutherford,CA
2009 Beauty:Group Exhibition,The Gallery at Cliff Lede Vineyards,Yountville,CA
2007 Metal Matters,Solo Exhibition,Robert Mondavi Winery,Oakville,CA
2006 -1r` 'i;c utectrre.Group Exhibition.Keller Estate Winery, Petaluma,CA.
2005 Summer ri Soul ark, Group Exhibition. Andrea Schwartz Gallery, San Francisco,CA
2005 Orang“'i%uur-Blue Window Solo Exhibition. Metalstone Gallery, New York, NY
2005 Group Exhibition,Artamo Gallery,Santa Barbara, CA
2005 E!Faaeo Exhit'i5on,El Paseo Drive,Palm Desert,CA
2004 !n Nature's Light,New York Hall of Science,New York,NY
AWARDS
2014 Napa 9/11 Memorial,CoDAWOrX Video Awards Top 100,Collaboration of Art and Design
2013 John Muir Medical Center,CoDAWOrX Awards Top 100, Collaboration of Art and Design
2010 Certificate of Merit,American Society of Interior Designers,California Peninsula Chapter
2009 Gotta Go,Jacksonville International Airport,Jacksonville,FL,Best Public Art in the United States,Americans for
the Arts Public Art Network
2009 The Bridge Homeless Assistance Center, Dallas,TX,Featuring a Public Art Installation by Gordon Huether,
Housing Committee Award for Special Housing,American Institute of Architects,Award for Community Informed
Design,Department of Housing and Urban Development
2006 Stockton Arena Public Parking Structure,Stockton,CA,Best Public Art in the United States,Americans for
the Arts Public Art Network
20
SELECTED PUBLIC ART AWARDS
2014 Rockland County Office Building I AIPP Sculpture, New City,NY
Awarded by: Rockland County Art in Public Places
Oklahoma City Police Headquarters I Memorial Sculpture, Oklahoma City,OK
Awarded by:Oklahoma City Office of Arts&Cultural Affairs
2013 535 Mission Street, San Francisco,CA
Awarded by:Boston Properties
Wards Corner, Norfolk,VA
Awarded by:City of Norfolk
Basketball Practice Facility,Oregon State University, Corvallis,OR
Awarded by:Oregon State Arts Commission
Hatcher Road Streetscape Project, Phoenix,AZ
Awarded by:City of Phoenix
University of Toledo Roundabout,Toledo,OH
Awarded by:University of Toledo
2012 Raleigh-Durham International Airport, Raleigh, NC
Awarded by:Raleigh-Durham International Airport
Parish Church St. Laurentius, Bobenheim-Roxheim,Germany
Awarded by:Bistum Speyer,Episcopalian Building Authority
BART Oakland Coliseum Connector Station,Oakland,CA
Awarded by:Bay Area Rapid Transit Authority
Henry Belmon Research Center, Oklahoma State University, Oklahoma City,OK
Awarded by:Oklahoma Art in Public Places
Centennial Plaza Sculpture,Peoria,AZ
Awarded by:City of Peoria
2011 Century Napa Valley Cineplex,Cinemark, Napa,CA
Awarded by:Peter A and Vernice H.Gasser Foundation,Inc.
University Health System,Medical Center Campus, San Antonio,TX
Awarded by:Bexar County Hospital District
Exchange Parkway Median Enhancement,Allen,TX ,
Awarded by:City of Allen
2010 Houston Police Department, Midwest Police Station, Houston, TX
Awarded by:Houston Arts Alliance,City of Houston
Sun Tran Bus Storage&Maintenance Facility, Tucson,AZ
Awarded by:Tucson Pima Arts Council
South Patrol Station, Kansas City Police Department, Kansas City, MO
Awarded by:Kansas City
The Canyon,TRAX Station, Salt Lake City International Airport, Salt Lake City, UT
Awarded by:Salt Lake City, Utah Transit Authority
Millcreek Community Center, Salt Lake County, IIT
Awarded by:Salt Lake County, UT
2009 Rostrum,Miramar Town Center,White Rock,BC,Canada
Awarded by:City of White Rock, BOSA Properties
LBJ Presidential Library&School of Public Affairs,Austin,TX
Awarded by:University of Texas,Austin
2300 Empire Center, Burbank,CA
Awarded by:WH Empire Center,Chicago, IL
2008 0 Wave,Ovation Condominiums, St.Petersburg,FL
Awarded by:JMC Communities,St.Petersburg,FL
East Village Parking Facility, Kansas City,MO
Awarded by:Kansas City Municipal Art Commission
Lot 5 Project, Chapel Hill,NC
Awarded by:Town of Chapel Hill
Napa Fifth Street Parking Garage, Napa,CA
Awarded by:City of Napa
Jack London Square, Oakland,CA
Awarded by:City of Oakland,Jack London Square Partners
21
2007 Gotta Go,Jacksonville International Airport, Jacksonville,FL
Awarded by:Jacksonville International Airport Arts Commission
Richmond Civic Center, Richmond,CA
Awarded by:City of Richmond
Tucson Justice Court, Municipal Court Complex, Tucson,AZ
Awarded by:Tucson Pima Arts Council
Texas Tech University School of Law, Lubbock,TX
Awarded by:Texas Tech University
John Muir Medical Center,Walnut Creek,CA
Awarded by:John Muir Health Foundation,City of Walnut Creek
2006 Dallas Homeless Assistance Center, Dallas.TX
Awarded by:Dallas County
Marsh Creek Bridge, Brentwood,CA
Sacramento Regional County Sanitation District, Sacramento,CA
Awarded by:Sacramento Metropolitan Arts Commission
The Collection, Burbank,CA
Awarded by:City of Burbank, Champion Development
2005 Salt Palace Convention Center, Salt Lake City, UT
Awarded by:Salt Lake County
2005 Foothills Recreation&Aquatics Center, Glendale,AZ
Awarded by:Glendale Arts Commission
2004 San Jose Fire Department Station 17, San Jose,CA
Awarded by:City of San Jose, CA
St.Josephs Hospital and Medical Center, Phoenix,AZ
Awarded by:St.Joseph's Hospital and Medical Center
Issaquah Transit Center, Issaquah,WA
Awarded by:Sound Transit Board
Arena Parking Structure, Stockton, CA
Awarded by:City of Stockton
San Mateo Public Library,San Mateo,CA
Awarded by:City of San Mateo
2003 Polaris K-12 Alternative School,Anchorage,AK
Awarded by:Municipality of Anchorage
San Joaquin Council of Governments, Stockton,CA
Awarded by:City of Stockton,San Joaquin Council of Governments
William P. Hobby Airport, Houston,TX,
Awarded by:Houston Airport System, Cultural Arts Council of Houston and Harris Counties
BioMarin, Novato,CA
Awarded by:BioMarin Pharmaceutical Inc.
2002 Denver International Airport Child Care Center, Denver, CO
Awarded by:Denver International Airport Public Art Program
Aluminum Yucca,East Gateway Project,Albuquerque, NM
Awarded by:City of Albuquerque, New Mexico Arts
Playground Fantastico, Napa,CA
Awarded by:City of Napa, Napa Valley Arts Council
Sunnyvale Older Adults Center,Sunnyvale,CA
Awarded by:City of Sunnyvale,CA, Sunnyvale Arts Commission
2001 BART San Bruno Station, San Bruno,CA
Awarded by:Bay Area Rapid Transit Authority
Sacramento Midtown Parking Garage, Sacramento, CA
Awarded by:Sacramento Metropolitan Arts Commission
SEPTA Frankford Transportation Center, Philadelphia, PA
Awarded byc Philadelphia Arts Commission,Southeastern Pennsylvania
Transportation Authority
2000 Charles Schwab Building, San Francisco,CA
Awarded by:San Francisco Arts Commission,HOK Architects
Hickory Ridge Middle School, Memphis,TN
22
Awarded by:Memphis Arts Council,Memphis City School Board
1999 Recreation&Fitness Center, University of Oregon, Eugene, OR,
Awarded by:Oregon Arts Commission,Oregon University System
1998 Mozart Corporation,Mountain View,CA
Awarded by:City of Mountain View, Korth, Sunseri,Hagey Architects
Widstoe Hall Science Learning Center, Utah State University, Logan, UT
Awarded by:Utah Arts Council,Utah State University
1997 Utah Transit Authority Delta Center Station,Salt Lake City, UT
Awarded by:Salt Lake City Arts Council,Utah Transit Authority Arts in Transit Program
Entertainment Partners, Burbank,CA
Awarded by:City of Burbank,Daniel Chudnovsky Architects
Skaggs Biology Building,University of Utah, Salt Lake City, U
Awarded by:Salt Lake City Arts,Um.versry of utak
SELECTED PRIVATE COMMISSIONS
2014 Provenance Hewitt Vineyards,Rutherford,CA
Commissioned by Provenance Hewitt Vineyards
Nichols Residence, St.Helena,CA
Commissioned by John and Amy Nichols
Otton Residence, Napa,CA
Commissioned by Terry and Nancy Otton
2013 Congregation Beth Shalom, Napa,CA
Commissioned by:Congregation Beth Shalom
2012 Fischer Residence, Nlapa,CA
Commissioned by:Joe and Karen Fischer
2011 St.John the Baptist Catholic Church, Napa,CA
Commissioned by:St.John the Baptist Catholic Church
2010 Jacober Residence,New York City, NY
Commissioned by:Joseph and Dana lacober
Temple Beth Elohim,Wellesley, MA
Commissioned by:Temple Beth Elohim
2010 Vasudevan Residence,Los Altos,CA
Commissioned by: R.&Jayashree Vasudevan
2009 Arburg GmbH&Co.KG, Lossburg,Germany
Commissioned by: Eugen Hehl
2008 Christal Residence,Carmel by the Sea,CA
Commissioned by:Tom Christal
Warner Residence,San lose
Commissioned by: Mike&Laurie Warner
Gotschall Residence, Laguna Beach
Commissioned by:Susan&Ed Gotschall
Weiss Residence,Big Sur,CA
Commissioned by:Tim&Jean Weiss
2006 Taft Residence,Los Altos,CA
Commissioned by:Edward&Pamela Taft
Owens Residence,Elmhurst, IL
Commissioned by:Gigi Owens
The Rock,St.Helena,CA
Commissioned by:St.Helena Castle Investments
2005 Devine Residence,Laguna Beach,CA
Commissioned by.Leason Pomeroy, L3 Architects
Sletten Regional Cancer Institute,Great Falls,MT
Commissioned by:NTDStichler Architecture
Umpqua Bank,Napa,CA
Commissioned by:The Gasser Foundation
Patin Residence, Irvine,CA
Commissioned by: Nicolas Patin
23
2004 Hospice of Napa Valley,Napa,CA
Commissioned by:Hospice of Napa Valley
UCSF Parnassus,Mofit-Long Emergency Center,San Francisco,CA
Commissioned by University of California San Francisco
2001 Congregation Beth Israel,San Diego,CA
Commissioned by:Congregation Beth Israel in conjunction with Austin Veum Robbins&Parshalle
2000 The Glass Forest,TIAA-CREF Corporate Headquarters,Charlotte,NC
Commissioned by:TIAA-CREF in conjunction with -Hughes Good O'Leary&Ryan
UCSF Comprehensive Cancer Care Center at Mount Zion, San Francisco,CA
Commissioned by: University of California at San Francisco Arts for Recovery Program
1999 1 Wine Company, Healdsburg, CA
Commissioned by:Judy Jordan in conjunction with Hall&Bartley
KPMG, Los Angeles,CA
Commissioned by:KPMG in conjunction with BC Art Consultants
1998 Art Hotels Sapporo,Sapporo,Japan
Commissioned by:Art Hotels Sapporo in conjunction with Killingsworth,Stricker,Lindgren,
Wilson÷Assoc.Arch.
Jewish Community Center of Long Beach, Long Beach,CA
Commissioned by:The Jewish Federation of the Long Beach and Greater Orange County
24
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ATTACHMENT 3
JON
KRAWCZYK
ATTACHMENT 3
krawczyk sculpture
ARTIST BIO
Acclaimed sculptor Jon Krawczyk pushes the boundaries of his medium and transforms steel and bronze
into a study of the human condition. He has been lauded for his ability to turn metal into biomorphic
sculptures that seem to have a pulse all their own. Krawczyk draws inspiration from renowned artists
such as Picasso, Henry Moore and David Smith. He is not only influenced by the obvious masterful
techniques of these artists, but also by their philosophies of the sculptural process.
A graduate of Connecticut College, Krawczyk has studied fine art throughout Europe and apprenticed with
various acclaimed sculptors. During the last 20 years, he has parlayed these life experiences into his
artwork and aesthetic approach. Krawczyk's sculptures have been exhibited in galleries and public
spaces across the United States, and are part of several private international collections.
JON KRAWCZYK
RESUME /CV
Education
1992 B.A. Connecticut College, New London, CT
Solo Exhibitions
2008 Broadfoot& Broadfoot, NY, NY
2006 Lumina Gallery, Taos, NM
2004 Lumina Gallery, Taos, NM
KL Fine Art, Chicago, IL
Selected Group Exhibitions
2012 A New Leaf Gallery, Sonoma, CA
2010 Leslie Sacks Fine Art, Los Angeles. CA
Ezair Gallery, South Hampton, NY
Canyon Rd Contemporary Art, Santa Fe, NM
2008 Lawrence Asher Gallery, Los Angeles, CA
"Red Dot", Miami, FL
2007 "ConTempoRarities," Neiman Marcus, Honolulu, HI
"The SOFA Show," Chicago, IL
2006 Gallery C, Hermosa Beach, CA
2005 Art In Public Places, Stamford, CT
Chicago Contemporary, Chicago, IL
Palm Beach 3. Palm Beach, FL
2003 Issaquah, WA
Carillon Point, Kirkland, WA
Soicher Marin, Hawthorn CA
Art Miami, Miami FL
El Paseo Sculpture Exhibit, Palm Desert, CA
2002 Featured Sculptor, Canyon Road Contemporary Art
2001 KL Fine Arts, Chicago, IL
El Paseo Sculpture Exhibit, Palm Desert, CA
Colburn Schwartz, Los Angeles, CA
2000 Burlington County College, Burlington, NJ
Palm Springs Art Expo. Palm Springs. CA
39
krawczyk sculpture
Texas A&M Art In Public Places, College Station, TX
Featured Artist, The Wilson Art Show, Mountain Lakes, NJ
1999 Frankel Fine Art, West Palm Beach, FL
El Paseo Sculpture Exhibit, Palm Desert, CA
1998 Gallery Blu, Palm Desert, CA
Betsy Lane Sculpture Garden, Del Mar, CA
1997 Lumina Gallery, Taos, NM
1996 Canyon Road Contemporary Art. Santa Fe, NM
1995 Vale Craft, Chicago, IL
Little Sadie's. New York, NY
Selected Public Art Commissions
2015 333 Brannan Identity Sculpture, Kilroy Realty, SOMA/San Francisco, CA
Percent for the Art's Public Commission, Agoura Hills. CA
Apple Inc. /Linkedln Campus, Sunnyvale, CA
2014 San Francisco 49ers Stadium Commission, Santa Clara, CA
Percent for the Art's Public Commission, Mountain View, CA
2013 Kilroy on Ice, Kilroy Realty, Bellevue, WA
2012 201 Identity Sculpture, Kilroy Realty, SOMA/ San Francisco, CA
2011 Kilroy Realty, San Francisco, CA
9-11 Memorial Ground Zero, St Peters, New York, NY
2008 Hard Rock Hotel, San Diego, CA
Trump Hotel, Las Vegas, NV
Four Seasons Hotel, Washington, DC
Four Seasons Hotel, St. Louis, MO
Four Seasons Hotel, Half Moon Bay, CA
Four Seasons Hotel, Mumbai, India
Prudential Center, New Jersey Devils Stadium, Newark, NY
2008 Art& Public Space Percent for the Arts, Agoura Hills, CA
2005 Table Top Sculptures, MGM, CA
Cross, Palm Desert, CA
2004 KPMG Warwick, New York, NY
Deloitte & Touche, New York, NY
2003 Art Council of Brazos Valley, College Station, TX
2002 Homme Engineering Percent for the Arts, Palm Desert, CA
Rosenblum Percent for the Arts, Palm Desert, CA
2002 Dale Poe Group Percent for the Arts, Agoura Hills. CA
Deloitte & Touche, New York, NY
2001 The Westin Diplomat Hotel Lobby Fountain Project, Miami Beach, FL
Texas A&M, State College, TX
2000 MGM Grand, Las Vegas, NV
Deloitte & Touche, New York. NY
Rankserve, Newbury Park, CA
AT& T Park, San Francisco, CA
1999 Cheesecake Factory, Calabasas. CA
1998 Squad, Chicago, IL
1997 By Design, Santa Monica, CA
R/D, Torrance, CA
Lumina Gallery Gate Project, Taos. MN
Jamison Gold, Marina Del Ray, CA
McKay Mobile, Reno, NV
1996 Widner College 175TH Anniversary, Philadelphia, PA
40
krawczyk sculpture
Press and Publications
2011 Dilonno. Mark; "Ground Zero Cross Headed Back To The World Trade Center Site" Huffington
Post, April 6
Paumgarten, Nick; "All Together Now" The New Yorker, Sept 12
Rosenblum, Dan; "A Replacement For The Ground Zero Cross Is Installed At St. Peters Church,
Quietly And Uncontroversial" Capital, August 12
Sisolak, Paul; "California Sculptor, Jon Krawczyk Creates 9/11 Cross For New York City" Malibu
Times, May 23
2009 Davie, Audrey; "Slap Shot Sculpture Scores for Devils" Recorder Community Newspapers
Devore, Kim; "Jon Krawczyk", Malibu Times, Summer
Read, Philip; "Hockey Sculpture Arrives at The Rock" The Star Ledger, August 18th
2008 ''Jon Krawczyk: The Hills Are Alive With The Sound Of Grinding Steel," THE Magazine,
September
Dambrot, Shana; "A Taste Of Malibu @ Jon Krawczyk's Studio," FLAVORPILL (on line), May 25
"The Valley's New Vibe," ENTREE MAGAZINE, Fall
Di lonno, Mark; "This 'Devil' Scores One For A Sculptor Fan And Newark,"THE STAR LEDGER.
July 19
Devore, Kim; "Jon Krawczyk", Malibu Times, Summer
Downs, Maggie; "Jon Krawczyk Forms His Sculpted Vision," THE DESERT SUN, March 30
"Local Sculptor Unveils Latest Creation," MALIBU SURFSIDE NEWS, May 29
"Making Waves: NJ Devils Commission, Sculptor Jon Krawczyk '88," DELBARTON TODAY.
Spring/Summer
2007 Clark, Erin; "Jon Krawczyk: Fire and Ice,"ARTWORKS, Winter
2005 WESTLAKE MAGAZINE, March
2003 DESIGN JOURNAL, January/February/March
2001 CONNECTICUT COLLEGE MAGAZINE, New London, CT
2000 REGION, College Station, TX
1999 DAILY BREEZE, Manhattan Beach, CA
MANHATTAN ARTS INTERNATIONAL, New York, NY, July-August
1996 THE, Santa Fe, NM, June
1995 NEW YORK POST, New York, NY
PASATIEMPO, Santa Fe, NM, April
Television Appearances All of Us
Freddie
NY1 How I Met Your Mother
Staten Island 1 The Worst Week of My Life
Fios 1 The Class
NBC News, New York The Apostles
Fox News Film
Monster Garage
Joan Quinn Chronicles Planet b-boys
MSG Network Art School Confidential
ESPN G.I. Joe: Dark Sky
NHL Tonight Obsessed
Artwork on Television Commercial
Six Feet Under L'Oreal
It's All Relative Infinity
Judging Amy
41
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ATTACHMENT 4
HEATH
SATOW
(recommended artist)
ATTACHMENT 4
1218 S SANTA FE AVE
-- -- LOS ANGELES CA 90021
- - 626.318.5950
1
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RESUME
Personal
Heath Satow was recently recognized for his"innovative and creative contribution in the field of public
art". with the sculpture Ripple, winning the 2012 Americans for the Arts' Public Art Network Award.
With a foundation in both design and art, Satow prefers to work in the public sphere. His work with
zoos, airports, museums and other highly trafficked spaces are excellent examples of public art that
provides a unified site experience and establishes a sense of place.
Art is the place where ideas are expressed to the world, whereas design is informed by the audience; one
goes out, the other comes in. Public art requires both design and art, it requires the expression of new
ideas to an audience while keeping the needs of that audience in mind. This is not a compromise: it's a
different way of working.
Inspired early in his career by Martin Puryear and Anish Kapoor, Satow is keenly in touch with the skill
of craftsmanship and the singularity of materials that creates a focus on form, an importance of the
object itself outside of any narrative. Engaging the viewer with that"importance of the object" is his
first goal when creating public art:the audience has to want to look at it. Their first reaction should be a
desire to see more; to explore the work. There needs to be a"wow" factor in place to pull them in.
Beyond that, the work has to reveal itself in layers rather than all at once. Public art has a varied
audience; from the"wow" people that see it only once while rushing to a meeting, to people that see the
same work each day and are afforded the opportunity to peel back the layers and experience the nuances
of the piece. Heath Satow's work is for both audiences.
Satow works primarily with mirror-polished stainless because of the visual variety it offers daily.As
natural light changes,as the colors of the seasons change, even as people's fashion changes, all these
permutations are literally reflected in the work.The art is never quite the same from moment to moment.
The curved facets of the sculptural surfaces pull apart our visual surroundings,distort and re-order them
in unexpected ways,creating a new interpretation of the world we usually tune out and take for granted.
Satow's intention with these pieces is to tune us back in.
Heath Satow resume—page r of 3
51
Education
1987-1991 School of Design, North Carolina State University—Graduated with honors with a
concentration in sculpture. Received 1991 Faculty Award for Excellence in Design.
1988-1993 Apprenticed under sculptor Thomas Sayre at Clearscapes in Raleigh, North Carolina
Experience
Satow's initial practical world experience ran concurrently with his college education by working at
Clearscapes Sculpture Studio during his studies. Upon graduation he was promoted to Studio Director,
overseeing design, budgeting, fabrication, and installation of all projects, including several large-scale
public art pieces. After two more years of successfully running the studio, he left to begin his full time
career creating public sculpture in 1993. Since then, his studio practice has been primarily focused on
creating artwork for the public.
Works In Progress
Palm Springs and Cathedral City, CA —Bridge Projects Est. completion: 2016
Nearly 1.5 miles of sculpture, with challenges that included creating work of a scale and detail that
could be appreciated at both a pedestrian level and at 55mph. Designs were unanimously and
enthusiastically approved by the arts councils of both cities involved in the projects. Art budget:approx.
$2,200,000
Dublin, CA —Elatus Est completion: 2016
Thirty-foot tall mirror-polished stainless steel sculpture for an athletic park. Loosely referencing the
Winged Victory of Samothrace, the highly polished mirror-finished surface of Elatus expresses athletic
triumph; the celebration of joy and glory—when game and athlete become one. Budget: $250,000
Anchorage,AK—Inflorescence Est completion: 2016
Inspired by sunflower patterns, Inflorescence is a mirror-polished stainless steel sculpture for the
University of Alaska, Anchorage's ConocoPhillips Integrated Science Building. The facets of each
"seed","atom" or"cell" create little individual paintings of the world, each one interpreting the same
world around it, but each one unique in what it shows us. The sculpture encourages physical interaction
with the piece. The viewer can walk directly inside the piece, seeing their own reflection multiplied
hundreds of times. The interior becomes self-reflective, interpretations of interpretations. An interactive
lighting program utilizing activity sensors is integral to the work. Budget: $500,000
Tacoma, WA — YES Est completion: 2015
Mirror-polished, twenty-foot tall stainless steel contemporary sculpture that will serve as an iconic
marker for Bates Technical College's newest campus building. Art budget: approx_ $75,000
Recent Public Projects
Los Angeles, CA—Wish 2014
25-foot tall Corten (weathering) steel and stainless steel representations of dandelion seeds. Children
have been picking dandelion flowers that have gone to seed, blowing and "making a wish" for centuries.
Heath Satow resume—page 2 of 3
52
It is that very concept of focusing thought, gathering energy and releasing it into the world which
provides the inspiration for this sculpture. Budget: $170,000
El Paso, TX—El Paso Zoo 2012
A captured moment of excitement,this twenty-foot tall sculpture is of a Harris flaw k in pursuit of its
prey,the moment before it strikes. Budget: $170,000
City of Rosemead, CA—9/11 Memorial 2011
Stainless steel sculpture made up of almost 3,000 elements, incorporating an 1-beam from the World
Trade Center. Budget: $60,000
Icheon,South Korea—Hot Springs Park centerpiece sculpture 2011
Two-ton stainless steel sculpture created on-site for the Icheon International Sculpture Symposium, and
chosen upon completion to be the centerpiece sculpture for the park. Project valued at$60,000
Other Selected Commissions
Rancho Palos Verdes, CA—Muse 2013
An iconic marker for the Palos Verdes Art Center, Muse is an eighteen foot tall figure made from
mirror-polished stainless steel. Budget: $60,000
Los Angeles, CA —Ripple 2011
Twenty-foot long aluminum and granite wall sculpture emulating droplets of rain rippling the surface of
a pond, in the style of a Japanese Zen garden. Winner of the 2012 Americans for the Arts'Public Art
Network Award Budget: $68,000
Palm Desert, CA - Tumbling Weed 2008
Five playful stainless steel sculptures at the edge of a development. Budget: $100,000
Cirque du Soleil, Las Vegas,NV—Magic Trees 2008
Three life-size rusted steel tree sculptures for a new Cirque du Soleil show in Las Vegas.NV. Budget:
$32,000
Dubai, UAE-Projects for Dubai Industrial City 2007
Five story tall stainless steel hanging mobile and floor-level sculpture representing the mission of this
new "city' in Dubai. Total budget: $110,000
Palm Desert, CA -Ce N'est Pas Une Lizard 2006
Thirty-foot long by twelve foot tall steel and stainless steel entry sculpture for Palm Desert. Budget:
$89.000
Dubai, UAE, Dubai Aluminum—Rising 2005
Nine-foot tall, I 500-pound aluminum sculpture for Dubai Aluminum Company Ltd. created for the 25th
anniversary of the company and presented to His Highness Sheikh Hamdan. Budget: $110.000
Denver Zoo, Denver CO—Animals 2004-2005
Twenty-two life-size stainless steel animal sculptures for the entry plaza. Budget: $225,500
Heath Satow resume—page 3 of 3
53
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ATTACHMENT 5
ROGER
STOLLER
ATTACHMENT 5
Roger White Stoller
resume
PUBLIC ART
Currently Under Construction
• 2014: Zoo - El Paso,TX
Public Installations
• 2014: PCH Roundabout- Carlsbad, CA
• 2013: University Campus -San Angelo,TX
• 2013: Public Library- Palo Alto, CA
• 2013: Ford Center- Evansville, IN
• 2012: Public Library- Bowie, MD
• 2011: Streetscape-City of South San Francisco, CA
• 2011: Solar Arbor-SJSU & City of San Jose, CA
• 2009: Public Library-City of Allen,TX
• 2009: Lobby, Market Building Jack London Sq. - Oakland, CA
• 2009: Airport Gateway- City of Stockton, CA
• 2006: Music Center at Strathmore- Montgomery County, MD
• 2002: ALZA/ Google- City of Mountain View, CA
National turfed Competitions
• 2014 finalist: Fire Station,Tamarac, FL • Community Center,Cherryland, CA
Gateway,Ashland, OR• CSUC Campus, Chico, CA
• 2013 winner: Roundabout, Carlsbad,CA, Finalist: Airport,Jackson Hole, WY
• 2012 finalist: Greenspace, Fairbanks,AK • Mirassou Winery, San Jose, CA • Aquadic
Center,Surrey, BC, Canada
• 2011 winner: Angelo State University-San Angelo,TX• Ford Arena - Evansville, IN •
Streetscape- South San Francisco, CA • 2011 finalist: Edmonton, Canada; Logan, UT
• 2010 winner: Public Library, Bowie, MD; Public Library, Palo Alto,CA
finalist: Salt Lake County, UT; Ogden, UT
• 2008 winner: Lobby-Jack London Sq. Oakland,CA; Public Library-Allen,TX
finalist: Tamarac, FL; City of Madison,WI; Fairbanks AK
• 2007 winner: Airport Gateway- City of Stockton, finalist: Johnson Controls Inc.-
Glendale,WI; Whitewing Estates - Phoenix,AZ; City of Newport Beach, CA; City of
Roanoke,VA.
• 2006 proposals: Toledo, OH; Wilmington, DE
• 2005 winner: Music Center- Montgomery County, MD, 2005 finalist: City of
Sacramento, CA
• 2002 winner: Streetscape - City of Mountain View, CA
COMMISSIONS
•1999- 2014 -numerous sculptures: cast bronze, limestone,granite,steel,slumped &
cast glass,,sculptural railings &gates, inlayed paved sculpture,water& light sculpture
EXPERIENCE
• Artist/Principal: Stoller Studio, Inc. 1996 - Present
An independent studio creating fine art and functional sculpture. Specializing in bronze
casting,steel fabrication &stone sculpture, the work is an ongoing exploration into
Stoller Studio,Inc.•Portola Valley,CA•650 8544162•r,griw_stiill:.r,,tudiu.ciim•%wc c, toilcrtitudin.com
66
Roger White Stoller
resume
nature, industry&art. Projects include indoor and outdoor work for public,corporate
and residential settings.
Principal: PRAXIS Product Design, Inc. 1991- 1996
• Co-founder of PRAXIS: a full service product design and development consultancy.
Involvement in the product development process: from planning and concept through
product engineering and tooling. Specific responsibilities included executive project
management, industrial design, identity design, product graphics, marketing,sales,and
administration.
• Principal: Stoller Design 1984- 1991
Provided clients with a wide range of industrial design and corporate identity services,
including product identity and conceptualization through prototyping and production.
Clients ranged from the computer, electronics and biomedical industries in the
California's Silicon Valley to the contract furniture industry in the mid-western and
eastern United States.
• Lecturer:Art&Design Dept. - San Jose State University 1987-92; 1998-2000
Industrial Design Foundations Studio: created this pivotal course, which set the tone for
the rebuilding of the current award-winning industrial design program. Combined
design and sculptural conceptualization with hands-on machine shop and foundry
experience.
• Industrial Designer: Atari Inc., Corp. Design Research Group 1982 - 1984
Design projects in the areas of home video,videodisk electronic merchandising,arcade
interiors,furniture and electronic display design.
• Personal Assistant: R. Buckminster Fuller 1975 - 1980
Traveling companion&model builder assisting Fuller on his travels throughout the
world. Design &management on projects including development of Fly's-Eye Dome for
mass-produced housing to kinetic models of Synergetic Geometry for exhibit at the
Cooper-Hewitt/Smithsonian National Museum of Design. Public installations of full-scale
prototype domes in Colorado, California,& Bali, Indonesia.
Selected Project: Cooper-Hewitt/Smithsonian National Museum of Design: worked in
and out of Isamu Noguchi's studio (Fuller&Sadao Architects was located in Noguchi's
building) to design and build the kinetic models for Fuller's exhibit,which was part of
the opening exhibition at the museum. This inadvertent,yet intimate, exposure to
Noguchi's sculpture proved to be a pivotal experience for Stoller. 1976
EDUCATION
• Art Center College of Design, Pasadena, CA: B.A. Product Design 1978-81
• SJSU,San Jose, CA: Foundry (2 years): Advanced Sculpture 1996-98
• Sonoma State University: (2 years): Physics &Anthropology major 1972-74
• Chapman College: (4 mo.) Africa&Asia:Anthropology major 1972
PRESS
http://www.stollerstudio.com/Press.html
References provided upon request
Stoller Studio,Inc.•Portola Valley,CA•650 854 4162•roger u titulli.r,tutlw.c:om•w.w}c.,tullcr,tuWLu.[um
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A
ATTACHMENT 6
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
HEATH SATOW SCULPTURE FOR PUBLIC ART PROJECT AT
MOORPARK POLICE SERVICES CENTER
THIS AGREEMENT, is made and effective as of this day of
, 2015, between the City of Moorpark, a municipal
corporation ("City") and Heath Satow Sculpture, a Corporation ("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") at the
Moorpark Police Services Center ("MPSC") located at 610 Spring Road, 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 the Scope of Work, Schedule of
Performance, Project Budget, Exhibit B, 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 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 also set forth in
Exhibit B.
Compensation for the services to be performed by Artist shall be in accordance
with Exhibit B and Section 6 of this Agreement. Compensation shall not exceed the
rates or total contract value of one hundred forty-five thousand dollars ($145,000.00) as
stated in Exhibit B, without the written authorization of the City Manager. Payment by
. City to Artist shall be in accordance with the provisions of this Agreement.
78
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 during 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 purposes: 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 primarily devoted to art; as well as on slides, CDs, DVDs, film strips,
video, computer websites, television, and social media sites.
Following final payment to Artist, Artist shall execute a "Transfer of Title" to the
Artwork to the City in a form approved by the City, forever transferring, conveying and
assigning all ownership rights to the Artwork, to the City, for all purposes permitted by
this Agreement.
Agreement Heath Satow Sculpture Page 2 of 18 79
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 ownership 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.
Agreement Heath Satow Sculpture Page 3 of 18 80
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 and 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.
I) 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
Agreement Heath Satow Sculpture Page 4 of 18 81
reproductions of the Artwork, nor shall the Artist grant permission to others to do so
except 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 isthe 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.
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 individual directly responsible for Artist's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Artist shall be Heath Satow, and no other individual 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.
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 (T B D)___dollars
Agreement Heath Satow Sculpture Page 5 of 18 8 2
($XXXX) 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 including lodging, subsistence, project community promotion, and
pre-approved travel as set forth in the Project Budget included in Exhibit B. The
Project Budget, excluding the Artist's Fee, shall not exceed
(TBD) dollars ($) XXXX () for work directly
related to the services set forth in Exhibit B. Artist shall complete the tasks according to
the Schedule of Performance, which is set forth in Exhibit B.
Artist shall submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the firstbusiness 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. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. 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 Manager.
Artist shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Artist at the time City's written authorization
is given to Artist for the performance of said services.
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 notice 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 $XXXXX Artist's Fee.
In the event the Agreement is terminated by the City, prorated compensation
shall be calculated at a rate of (TBD) dollars ($xxxx.00) per week
commencing from the actual start date of work as approved by the City Manager or
his/her designee in writing. Upon termination or suspension of the Agreement pursuant
to this Section, the Artist will submit an invoice to the City pursuant to this Agreement.
Agreement Heath Satow Sculpture Page 6 of 18 8 3
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. 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
services 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 identified 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 any 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.
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.
Agreement Heath Satow Sculpture Page 7 of 18 8 4
11. 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 Design 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 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
Agreement Heath Satow Sculpture Page 8 of 18 85
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.
12. 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.
13. 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
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.
14. 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
Agreement Heath Satow Sculpture Page 9 of 18 8 6
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.
15. 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 handicap, medical condition, marital status, or gender 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.
16. 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 of coercion; confidential
financial arrangement, or financial inducement. No officeror 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.
17. 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.
18. 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.
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.
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19. 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 Avenue
Moorpark, California 93021
To: Heath Satow, President
Heath Satow Sculpture
1218 South Santa Fe Avenue
Los Angeles, California 90021
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.
20. 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.
21. 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.
22. 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.
23. 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,
Agreement Heath Satow Sculpture Page 11 of 18 8 8
obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement.
24. 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.
25. ARBITRATION
Cases involving a dispute between City and Artist may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
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
Agreement Heath Satow Sculpture Page 12 of 18 8 9
not 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 HEATH SATOW SCULPTURE
By: By:
Steven Kueny, City Manager Heath Satow, President
Attest:
Maureen Benson, City Clerk
Agreement Heath Satow Sculpture Page 13 of 18 9 0
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Agreement, Artist 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. Artist 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 City 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 liability 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 coverage 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 Artist
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 City prior to
cancellation or modification.
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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 Artist 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 Artist 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 in a form 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 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
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Agreement Heath Satow Sculpture Page 15 of 18
•
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 with 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, City 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
provided 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.
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
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Agreement Heath Satow Sculpture Page 16 of 18
•
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.
Artist 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 Artist 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
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
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Agreement Heath Satow Sculpture Page 17 of 18
clarification only as it pertains to a given issue, and is not intended by anyparty
or insured to be all-inclusive.
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Agreement Heath Satow Sculpture Page 18 of 18
EXHIBIT B
TO BE PROVIDED LATER