HomeMy WebLinkAboutAGENDA REPORT 2013 0417 CCSA REG ITEM 09B ITEM 9.13.
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MOORPARK CITY COUNCKF,10,N:
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana e
DATE: April 10, 2013 (CC Meeting of 04/17113)
SUBJECT: Consider Request for Qualifications for Public Art Projects at
the Arroyo Vista Recreation Center
BACKGROUND & DISCUSSION
In May 2005 the City Council adopted City Ordinance No. 321 to require certain
development projects to provide public art. Ordinance 321 also created an Art in Public
Places Fund where fees are deposited, maintained, and used solely for the City's Art in
Public Places Program. In 2011 the City of Moorpark, Mission Statement, Priorities,
Goals and Objectives included two objectives relating to art in public places- 1)
Development of a policy that new facilities and buildings which are City funded shall
include public art in the same manner as private projects-, and 2) Consider items of
public art for the Police Services Center, Arroyo Vista Recreation Center, High Street
Post Office and Train Station.
On February 5, 2013, during a special meeting, the Moorpark Arts Commission
discussed these and other objectives relating to public art and directed staff to begin the
process for the selection of artists to develop artworks at the Arroyo Vista Recreation
Center and along High Street with possible emphasis on the Metro Link Rail Station.
Because of the uncertainty of the final disposition of property on High Street both at the
rail station and the Post Office, staff is recommending that projects involving High Street
be deferred until the Successor Agency of the Redevelopment Agency of the City of
Moorpark, has completed and obtained State of California approval of its Property
Management Plan. This should occur in September or October 2013.
The staff and the Commission have developed the attached Request for Qualifications
for the City Council's consideration. The overall design principles for the artwork, as
recommended by the Arts Commission are:
• A theme relating to the specific location and its use or history is desirable, but the
art is not necessarily limited to these concepts.
• The art style is not limited or designated and may be historical, traditional or
contemporary.
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Honorable City Council
April 17, 2013
Page 2
• The art may be of mediums including, but not limited to metal, concrete, rock
and/or paint.
• If mediums are proposed for statues, the recommended locations around the
AVRC are shown in Appendix A.
The proposed timeline for the selection process is as follows:
April 18, 2013 RFQ released
May 17, 2013 Application deadline
May- June 2013 Shortlisting and recommendation by commission of
one artist.
July 17, 2013 (or August 7, 21) City Council Approval (Regular City Council Meeting)
August 2013 Agreement execution
September-October 2013 Design Concept
November 2013 — January 2014 Fabrication and installation phases (may be extended
as approved)
March 2014 Completion
FISCAL IMPACT
The F.Y. 2012-2013 Operating Budget was amended on April 3 to include $10,000 for
this project location for preliminary administrative costs. The F.Y. 2013-2014 Operating
Budget Recommendation includes $150,000 for the project. Funding will be from the Art
in Public Places Fund.
STAFF RECOMMENDATION
Approve Request for Qualifications and authorize proposal review process as contained
in the agenda report.
ATTACHMENT: Request for Qualifications
41
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CITY OF MOORPARK
MOORPARK ARTS COMMISSION
REQUEST FOR QUALIFICATIONS (RFQ)
Arroyo Vista Recreation Center
INTRODUCTION
An artist(s) is(are)sought to design,fabricate and install an artwork or artworks to be located at the City of
Moorpark's Arroyo Vista Recreation Center (7709-AVRC) A description of the project Site and
recommended locations is provided in Appendix A.
Funding for the Artwork will be provided from the City of Moorpark, Art in Public Places Fund. The
Moorpark Arts Commission (Commission)administers the artist selection process and the development of
the Artwork concept with final selection by the City Council.
DEADLINE
Applications must be received and time-stamped by the City no later than
Friday, May 17, 2013, 3 P.M. PST
Applications received after the deadline will not be reviewed. The City of Moorpark(City)is not obligated to
notify applicants when incomplete applications are received.Incomplete applications will not be reviewed.It
is the responsibility of the applicant to ensure that applications are complete and arrive by the deadline.
ELIGIBILITY
Any professional artist who permanently resides in the State of California is eligible to apply.
Artists working in all mediums including but not limited to metals, concrete, rock or paint may apply.
Current City of Moorpark Arts Commissioners, employees of the City and/or Successor to the Moorpark
Redevelopment Agency, and their business partners and/or their immediate family members may not
apply.
■
Approximately one hundred fifty thousand dollars ($150,000)for design, fabrication, and
installation.
The budget is all-inclusive and a proposed price must include all design fees; travel expenses; all labor,
materials and fabrication costs; lighting and signage(if necessary); insurance costs;site-preparation costs;
traffic control costs; engineering expenses; shipping and transportation to the site; installation; any
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applicable permit fees and taxes; any other expenses related to the design, fabrication, installation, and
documentation of these projects.
SCOPE DESIGN PRINCIPLES and OF • -
The overall design principles for the Artwork are:
• A theme relating to the specific location and its use or history is desirable, but the art is not
necessarily limited to these concepts.
• The art style is not limited or designated and may be historical, traditional or contemporary.
• The art may be of mediums including but not limited to metal, concrete, rock and/or paint.
• If mediums are proposed for statues, the recommended locations around the AVRC are shown in
Appendix A.
Scope of Work for Design, Fabrication and Installation Services:
r Execution of an Agreement for Artistic Design, Fabrication, and Installation Services with City of
Moorpark. (Sample Attached)
Research, which includes examining the site, reviewing pertinent documents, meeting with any
architect involved in the project, City Staff, and members of the community including user groups,
etc.
Creation and submission of a minimum of one Design.
Participation in a critique of the Design by the Commission and the City Council and Staff of the
City.
Participation in a review of the Proposal by the Commission and City Council if requested.
Creation and submission of construction documents, if necessary.
Participation in the approval process for construction documents, if necessary.
Site or building element preparation, if necessary.
Fabrication, transportation, and installation of art elements.
;- Submission of documentation images and a maintenance report.
y Participation in ribbon-cutting ceremony and/or outreach to press.
Coordination with City staff and representatives, as needed.
The City reserves the right to revise this scope of work.
-PROPOSED
April 18, 2013 RFQ released
May 17, 2013 Application deadline
May- June 2013 Shortlisting and recommendation by commission of one artist
July 17, 2013 (or 8/7, 8/21) City Council Approval (Regular City Council Meeting)
August 2013 Agreement execution
September-October 2013 Design Concept
November 2013—January 2014 Fabrication and installation phases(may be extended as approved)
March 2014 Completion
The City reserves the right to revise this timeline should project construction delays occur.
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applicable permit fees and taxes; any other expenses related to the design, fabrication, installation, and
documentation of these projects.
SCOPE DESIGN PRINCIPLES and OF • °
The overall design principles for the Artwork are:
® A theme relating to the specific location and its use or history is desirable, but the art is not
necessarily limited to these concepts.
® The art style is not limited or designated and may be historical, traditional or contemporary.
The art may be of mediums including but not limited to metal, concrete, rock and/or paint.
® If mediums are proposed for statues,the recommended locations around the AVRC are shown in
Appendix A.
Scope of Work for Design, Fabrication and Installation Services:
Execution of an Agreement for Artistic Design, Fabrication, and Installation Services with City of
Moorpark. (Sample Attached)
Research, which includes examining the site, reviewing pertinent documents, meeting with any
architect involved in the project, City Staff, and members of the community including user groups,
etc.
a Creation and submission of a minimum of one Design.
Participation in a critique of the Design by the Commission and the City Council and Staff of the
City.
Participation in a review of the Proposal by the Commission and City Council if requested.
m Creation and submission of construction documents, if necessary.
Participation in the approval process for construction documents, if necessary.
Site or building element preparation, if necessary.
Fabrication, transportation, and installation of art elements.
Submission of documentation images and a maintenance report.
Participation in ribbon-cutting ceremony and/or outreach to press.
Coordination with City staff and representatives, as needed.
The City reserves the right to revise this scope of work.
PROPOSED
April 18, 2013 RFQ released
May 17, 2013 Application deadline
May-June 2013 Shortlisting and final selection of one artist for each location
July 17, 2013 (or 8/7, 8/21) City Council Approval (Regular City Council Meeting)
August 2013 Agreement execution
September-October 2013 Design Concept
November 2013—January 2014 Fabrication and installation phases(may be extended as approved)
March 2014 Completion
The City reserves the right to revise this timeline should project construction delays occur.
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-SELECTION - •
The selection process will be in two phases-(1) Initial Submittal and (2) Interview.Applications submitted
in response to this RFQ will be reviewed by the Commission. The Commission will review all complete,
eligible applications received by the deadline. Selection to proceed to the Interview Phase will be based on
the qualifications shown in the applications. From the applications received, the Commission will select a
shortlist of at least three artists who will be invited to attend an interview with the Commission.
Criteria used to select the shortlist of artists or artist teams for interviews will be:
Quality, creativity and strength of concepts and workmanship as evidenced in images of past work and
a professional resume
Technical competence as evidenced by references from past clients and a professional resume and
compliance with requirements for application materials and guidelines
Artists who accept the invitation to interview will not be required to develop full proposals, but, in the
interviews, each artist will be expected to discuss past approaches and working methods with the
Commission, possible ideas that may be proposed for the projects and response to questions relating to
working on projects of this nature. The Commission will provide a recommendation for the City Council's
final consideration after the interview phase.
Criteria used to select an artist during the interview phase will include, but not be limited to:
Quality, creativity and strength of concepts, specific ideas and workmanship
v Interest in and understanding of the project
The City reserves the right to revise the selection process, composition, and criteria.
REQUIRED - • GUIDELINES
Artists who wish to be considered must submit the following materials:
y Digital images of past work with annotations. (35mm slides will not be accepted.)
d A professional resume
Professional references
Please closely observe the requirements and guidelines for the application materials as detailed below:
y Digital Images (6 CDs or DVDs)
Submit a minimum of five and a maximum of 20 images showing at least five different
artworks, on a CD or DVD. This 20 image maximum is per project application.
Label the CD or DVD with the artist's name and contact information. Please do not include
the name of the artist's gallery, assistant, agent or representative on the label.
Load the images into a Microsoft PowerPoint slide show presentation. "Slide show"
programs other than Microsoft PowerPoint are acceptable as long as the files can be
successfully viewed with the City's equipment. Applicants are solely responsible for
ensuring compatibility. Digital images not submitted in a PowerPoint presentation (or other
compatible "slide show" program) will not be reviewed.
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• Only submit images with maximum dimensions of 1024 x 768 pixels and minimum
dimensions of 720 x 480 pixels.
• Only submit images of completed projects; images of proposals, models or computer
generated images will not be reviewed.
• Provide image annotations within the PowerPoint itself. Indicate the title of artwork,
medium, dimensions, date artwork was created, and location. For previous public art
projects please also list the commissioning body, budget, date of completion, and project
manager (with telephone number). If you are submitting images of past work that cannot
be understood plainly through imagery alone, please submit brief descriptions for each
work that you believe needs further explanation. Where appropriate, please be sure to
specify what your contributions, as the artist,were for projects involving teams, integrated
artwork or collaborations with architects, etc. Details about the goals or challenges for each
project and your solutions are also permitted. Brevity is the most effective way to
communicate your ideas.
d Professional Resume (6 copies)
Please submit a current professional resume (five pages maximum) including information
regarding past public art commissions, exhibitions, awards, grants, and education. Handwritten
materials will not be reviewed.
Professional References (6 copies)
Please submit the names,addresses,current telephone numbers and/or email addresses for three
authorities on your past work and qualifications. The City reserves the right to contact references,
whether or not given by the applicant. Handwritten materials will not be reviewed. PLEASE
ENSURE THAT THE CONTACT INFORMATION FOR YOUR REFERENCES IS CURRENT;WE
FREQUENTLY CONTACT REFERENCES AND ANY INACCURATE INFORMATION MAY DELAY
THE SELECTION PROCESS.
In addition to the guidelines outlined above,please closely observe the following guidelines for
the submission of applications(failure to observe these guidelines may render your application
incomplete and ineligible and, therefore, it may not be reviewed):
a COLLATE the six sets of your text materials in this order,top to bottom: 1)professional resume(s),
2) professional references.
Submit text materials on o.a"x 11"WHITE BOND PAPER. (Cowin not copy paper is best as fancy,
heavier stock is more difficult to run through a copy machine.)
Y 3-HOLE PUNCH all pages on left side
d SEPARATE THE COLLATED SETS with colored paper or paper clips
DO NOT STAPLE or bind materials in any way. (No folders, no envelopes, no binders, no
decorative covers.)
DO NOT SUBMIT PROPOSALS, DRAWINGS, MODELS, MEDIUM SAMPLES, ORIGINAL
WORKS OF ART, BOOKS, CATALOGUES, OR ANY OTHER MATERIALS IN LIEU OF, OR IN
ADDITION TO, THE REQUIREMENTS LISTED ABOVE.
UNSOLICITED MATERIALS WILL NOT BE REVIEWED BY PANELISTS AND WILL NOT BE
RETURNED.
The City reserves the right to revise the required application materials and guidelines.
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APPLICATION • ADDRESS AND DEADLINE
Deliver applications no later than 3:00 pm on May 17, 2013 to,
City of Moorpark
ATTN: Moorpark Arts Commission—Public Art-#7708 and 7709
799 Moorpark Avenue
Moorpark, CA 93021
Applications received after this deadline will not be accepted.
ADDITIONAL INFORMATION
For information not covered in this RFQ, please address your questions, prior to May 17, 2013 to:
Hugh R. Riley, Assistant City Manager, hriley@ci.rnoorpark.ca.us (805) 517-6215
CONDITIONS FOR SUBMISSION
Responsibility for Submissions:The City will not return any application materials submitted.
RFQ Revision:The City reserves the right to revise this RFQ, including, but not limited to,the application due date,the
number of artists accepted, the timeline, the art budget, and the selection criteria.
Responsibility for Application Costs:The City is not liable for any cost incurred by any person responding to this RFQ.
The applicant is fully responsible for all application costs.The City does not assume any contractual or financial obligation
as a result of the issuance of this RFQ,the preparation and submission of an application by a respondent,the evaluation
of an accepted proposal, or the selection of finalists.
Application Acceptance/Rejection: The City, at its sole discretion, reserves the right to reject any or all submissions
received and to accept or reject any or all of the items in the application.The City reserves the right to negotiate with any
respondent after applications are opened,if such action is deemed to be in the City's best interest.The City's acceptance
and review of an application and/or submitted proposal, artwork concept, or artwork design does not constitute a
commitment on the part of the City to award a commission to any artist.
Decline to Award:The City,at its sole discretion, reserves the right to not award the commission to any artist,for anv or
no reason.
Equal Opportunity Contracting Program:The City endeavors to do business with artists sharing the City's commitment
to equal opportunity and will not do business with any artist that discriminates on the basis of race, religion, sexual
orientation, color, ancestry, age, gender, disability, medical condition or place of birth.
Insurance Requirements:Any artist selected to enter into contracts with the City shall not commence work until the artist
has obtained, at the artist's sole cost and expense, all insurance required by the City and until such insurance has been
approved by the City. Insurance required by the City may include but is not limited to Comprehensive General Liability,
Automobile Liability and Workers'Compensation coverage in accordance with the laws of the State of California.The City
requires that the City, its elected and appointed officials, officers, employees, agents and volunteers be named as
additional insureds on endorsements acceptable to the City on all insurance policies except Workers' Compensation
coverage. Detailed insurance requirements are provided in Appendix B.
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CONTRACT ° • •
Each selected Artist, if any, shall be required to execute a form of agreement provided by the City.The terms of such
agreement will include, but will not be limited to, the following:
Copyright:
The Artist retains all copyrights to any and all of the Artist's Submissions and, except as provided below,
to the Artwork.
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 forthe above cited purposes:in
brochures and pamphlets pertaining to the City or State, in exhibition catalogues, 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, filmstrips, video, computer websites and television.
Artists'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 VISUAL ARTISTS RIGHTS ACT(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,oris caused or claimed to be caused by
the removal, repair, maintenance, storage, or transfer of ownership of the Artwork by the City, or its
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,orpersonal 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.
Indemnification:
INDEMNIFICATION.
To the maximum extent permitted by taw, 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
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caused by, the acts 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 attorneys 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)or where otherwise prohibited orpreempted 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
underlaw 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,
actions, liabilities, 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 net and shall net waive any rights that it may have against the Artist by eason ofttrrs
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.
Additional Requirements
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.
Errors and Omissions. The City's acceptance of the Artwork shall not release the Artist of the responsibility
for the correction of errors oromissions that the Artwork may contain,including any errors oromissions 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.
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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 rnaterials 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.
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 fordamages,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.
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 fife, human life or natural
ecosystem.
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.
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.
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 forpublic 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.
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.
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 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.
Acknowledging the City. The Artist shall use the Artist's best efforts in any public showing oron a resume to
give acknowledgment to the City in substantially the following credit line:`An artwork commissioned by the
City of Moorpark."
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.
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.
Transfer of Title. Following final payment to Artist, Artist shall execute a "Transfer of Title"to the Artwork
to the City, forever transferring, conveying and assigning all ownership rights to the Artwork, to the City,
for all purposes permitted by this Agreement. Artist shall retain the copyright to the Artwork.
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APPENDIX A- Project Location Description
Maps and photographs of the project site
Artists are encouraged to Visit the site if possible
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APPENDIX B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, 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 requirements set forth here, ARTIST agrees to amend, supplement or endorse the
existing coverage 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 the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
ARTIST shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact 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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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 or ARTIST's employees will use personal autos in
any way on this project, ARTIST shall provide evidence of personal auto liability for
each such person. (If Applicable)
Workers' Compensation on a state-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. (If Applicable)
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. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of ARTIST, Sub-ARTISTs or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
58
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. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by ARTIST. ARTIST
and the City agree to the following with respect to insurance provided by ARTIST:
1. ARTIST agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. ARTIST also agrees to require all ARTISTS and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit ARTIST, or ARTIST's employees, or agents, from waiving the right to
subrogation prior to a loss. ARTIST agrees to waive subrogation rights against
the City regardless of the applicability of any insurance proceeds, and to require
all ARTISTs and subcontractors to do likewise.
3. All insurance coverage and limits provided by ARTIST and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily inJury to an employee of the Insured or of any ARTICTs anal
subcontractors.
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) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to ARTIST's general liability policy, 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 or
reduced at any time and no replacement coverage is provided, the 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
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premium so paid by the City shall be charged to and promptly paid by ARTIST or
deducted from sums due ARTIST, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days-notice to the City
of any cancellation or reduction of coverage. ARTIST agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation or reduction of coverage imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by ARTIST or any ARTISTs and subcontractors, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self-insurance available to the City.
10. ARTIST agrees to ensure that ARTISTs and subcontractors, and any other party
involved with the Work who is brought onto or involved in the Work by ARTIST,
provide the same minimum insurance 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 ARTISTs and
subcontractors and others engaged in the Work will be submitted to the City for
review.
11. 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 ARTIST, ARTISTs and subcontractors, Architects,
Engineers, or other entity or person in any way involved in the performance of
Work contemplated by this Agreement to self-insure its obligations to the 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.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the ARTIST 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 the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. ARTIST acknowledges and agrees that any actual or alleged failure on the part
of the City to inform ARTIST of non-compliance with an insurance requirement in
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no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. ARTIST will renew the required coverage annually as long as the 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. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. ARTIST shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from ARTIST's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specification applicable to the renewing or new coverage must be provided to the
City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of ARTIST under this Agreement. ARTIST expressly agrees not to
use any statutory immunity defenses under such laws with respect to the City, its
employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-
inclusive.
1a These insurance requirements are intended to be separate and dictinrt from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. ARTIST agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or
ARTIST for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. ARTIST agrees to provide immediate notice to City of any claim or loss against
ARTIST arising out of the work performed under this Agreement. The City
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assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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