HomeMy WebLinkAboutAGENDA REPORT 2013 0904 CCSA REG ITEM 09A ITEM 9.A.
City Council Me'eeting
MOORPARK CITY COUNCIL
AGENDA REPORT
c T iON:
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager _
DATE: August 23, 2013 (CC Meeting of (914113)
SUBJECT: Consider Selecting Anne Mudge as the Artist for the Art in
Public Places Project at the Arroyo Vista Recreation Center
BACKGROUND & DISCUSSION
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 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 Metrolink Rail Station.
Based on the experience gained from the public art project at the Ruben Castro Human
Services Center, staff recommended that the City Council authorize a Not-to-Exceed
Budget of $150,000 for this project. This appropriation has been included in the 2013-
2014 F.Y. Operating Budget.
On April 10, 2013, the City Council approved the issuance of a Request for Qualifications
(RFQ) and authorized a proposal review process as outlined in the April 17, 2013
Agenda Report (Attachment 1) for a Public Art Project at the Arroyo Vista Recreation
Center. The RFQ required interested artists to submit their proposals to the City of
Moorpark by May 17, 2013.
Artists responding to the RFQ were:
• Siauciunaite Virga
• John Fisher
• Anne Mudge
• Gordon Heuther
162
Honorable City Council
Regular Meeting of September 4, 2013
Page 2
• Riis C. Burwell
• Mark Grieve
The Moorpark Arts Commission met on June 11, 2013 to review the responses and
identify three artists to continue with the selection process. The artists identified were
Gordon Heuther, Anne Mudge and Mark Grieve. On July 29, 2013, the Arts Commission
interviewed each of these artists and discussed their ideas for the project. Resumes for
these Artist's and illustrations of the style and medium for their work are attached.
(Attachment 2)
As a result of the July 29 interviews, Anne Mudge was invited to a follow-up meeting at
the Arroyo Vista Recreation Center on August 20, 2013. Mudge's concept for the project
involves various images of plants and animals indigenous to the Arroyo Simi Area that
borders Arroyo Vista Park using Lithomosaic saw-cut into existing sidewalks at the
Recreation Center (Attachment 3).
Based on the concepts presented by Mudge and her overall vision for the project, the
Commission is recommending that the City Council approve her selection as the project
artist and authorize staff to negotiate a an Agreement for Artistic Design containing the
contract provisions approved by the City Attorney and included in the City Council-
approved RFQ. (Attachment 4) and a project budget.
FISCAL IMPACT
On April 3, the City Council adopted Resolution 2013-3171 which appropriated $10,000
to Special Professional Services and $10,000 for legal service; for a total of $20,000 for
Fiscal Year 2012-2013. Legal expenses of $943 were incurred for review of the RFQ and
Agreement for Artistic Design Services prior to June 30, 2013. The approved 2013-2014
Capital Improvement Budget includes $150,000 funded from the City's Art in Public
Places Fund which has a current balance of approximately $1.7 million.
STAFF RECOMMENDATION
Approve the selection of Anne Mudge as the Artist for the Public Art Project at the Arroyo
Vista Recreation Center and authorize staff to Negotiate an Agreement for Artistic
Design Services with Mudge. Staff will present the Agreement to the City Council for
Final Approval.
ATTACHMENTS
1. April 10 City Council Agenda Report
2. Finalist Artists' Resumes
3. Concepts Presentation by Anne Mudge
4. Contract Provisions for Agreement for Artistic Design
163
ITEM 9.13.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana e
DATE: April 10, 2013 (CC Meeting of 04117113)
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.
ATTACHMENT 1 '464
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
165
ANNE MUDGE THE LAST STRAW
P.O.Box 333,Cardiff,CA 92007 PH:(619)887-5770 I Email:annemudge @sbcgloba1.net I Http://www.annemudge.com
Site Specific Public Art
2012
`Littoral Drift'; Seven suspended sculptures for the lobby of the Department of Planning and
Development Services, San Diego County, County Operations Center, San Diego, California.
2010
"Pacific Flyways", Curbside Seating for Lindbergh Field, Terminal One San Diego County
Regional Airport Authority.
Woven Wire Tapestry, Dawson Avenue Senior Apartments, 4321 52nd Street, San Diego,
California.
2005
"Botanical Tracings"and "Universal Symbols"at Aztec Green, "Stepping Stones"and
"TapRoots"at the Trolley Station, San Diego State University Transit Center, San Diego Trolley
Green Line, Metropolitan Transit System, San Diego, California.Awarded the 2007 "Grand
Orchid,"Orchids and Onions annual awards program, sponsored by the San Diego Architectural
Foundation.
1999
"North Park Golden Gate". North Park Gateway at University Avenue and Boundary Street, City
of San Diego, San Diego, California.
1994
"Heir Loom". site specific mixed media installation at California State University, San Marcos, for
"inSITE94", sponsored by Installation Gallery, San Diego, CA.
Selected Solo Exhibitions
2010 Chance and Circumstance, California Center for the Arts Museum, Escondido, California
2006 Anne Mudge:Persistent Gestures, University Art Gallery, San Diego State University,
San Diego, California; catalogue
2004 Cerca Series:Anne Mudae, Museum of Contemporary Art San Diego, San Diego,
California; brochure
Anne Mudge:Marginalia, David Zapf Gallery, San Diego, California
2002 Anne Mudge TapRoots—Public and Private Projects, David Zapf Gallery, San Diego,
California
1998 Anne Mudge: Slow Form, Saddleback College Art Gallery, Saddleback College, Mission
Viejo, California
1997 Anne Mudge: Traces. West Gallery, The Claremont Graduate School/Art, Claremont,
California; catalogue
1995 Anne Mudge: Sculpture, Roy Boyd Gallery, Chicago, Illinois
ATTACHMENT 2 166
1993 Anne Mudge: Synergy, Linda Moore Gallery, San Diego, California
1992 Analogues Sculpture of Anne Mudge, Orange Coast College Fine Arts Gallery, Orange
Coast College, Costa Mesa, California
1991 Anne Mudge: Indefinite Quantities and Other Sums, Boehm Gallery, Palomar College,
San Marcos, California; brochure
Recent Sculpture, Idyllwild School of Music and the Arts, Idyllwild, California
Indefinite Quantities, Orange County Center for Contemporary Art, Santa Ana, California
1990 Sculpture, Photowest Gallery, San Diego, California
Selected Group Exhibitions
2011 Selected Work, Luis de Jesus Los Angeles, Bergamot Station, Santa Monica, California
2009 Insight/Inside LA, Jose Drudis-Biada Art Gallery, Mount St. Mary's College, Los Angeles,
California
Homing In:An Exhibition of 50 San Diego Artists, Quint Contemporary Art, San Diego,
California
2007 Looking Up, curated by Jennifer Garner and Cecily Cullen, Center for Visual Art,
Metropolitan State College of Denver, Denver, Colorado
2006 Perspectives, Municipal Art Gallery, Barnsdall Art Park, Los Angeles, California
Gallery Artists 2006, David Zapf Gallery, San Diego, California
2005 Summer Stock Vll, David Zapf Gallery, San Diego, California
2004 Gallery Artists 2004, David Zapf Gallery, San Diego, California
2003 Gallery Artists 2003, David Zapf Gallery, San Diego, California
2002 1-5 Resurfacing: Four Decades of California Contemporary Art, San Diego Museum of
Art, San Diego, California
Drawing a Breath—, Southwestern College Art Gallery, Southwestern College, Chula
Vista, California
Inventing Agriculture: Crack Gardening, hybrid, San Diego, California; in collaboration
with Diane Gage
Girlilla Art, Arts College International, San Diego, California
Gallery Artists 2002, David Zapf Gallery, San Diego, California
2001 By Nature's Design, William D. Cannon Art Gallery, Carlsbad, California; catalogue
Gallery Artists 2009, David Zapf Gallery, San Diego, California
Common Thread. Uncommon Drawings by Women Artists, Flux Gallery, San Diego,
California
7 x 7.A Sculpture Show, Flux Gallery, San Diego, California
Group Show, Roy Boyd Gallery, Chicago, Illinois
i 2000 ThreePlusThree, Oceanside Museum of Art, Oceanside, California; catalogue
167
Grace in Space, College of the Canyons Art Department Gallery, College of the
Canyons, Santa Clarita, California
Gallery Artists 2000, David Zapf Gallery, San Diego, California
1999 Fluid Gestures, W. Keith and Janet Kellogg University Art Gallery, California State
Polytechnic University, Pomona, California
Group Show, Roy Boyd Gallery, Chicago, Illinois
Gallery Artists '99, David Zapf Gallery, San Diego, California
1998 Gallery Artists '98, David Zapf Gallery, San Diego, California
1997 presence: eighteen area sculptors; University Art Gallery; University of California, San
Diego; La Jolla, California; booklet
Group Show, Roy Boyd Gallery, Chicago, Illinois
New Work '97, Artspace, New Haven, Connecticut
1996 Group Show, Roy Boyd Gallery, Chicago, Illinois
Somethinq OldlSomething New,faculty show, University of San Diego California
Recent Work, Linda Moore Gallery, San Diego, California
1995--1996 Common Ground.A Regional Exhibition, Museum of Contemporary Art, San
Diego, California
?. 1995 Return to Beauty, Delaware Center for Contemporary Arts, Wilmington, Delaware
Nature re(CONTA/NEQ, Irvine Fine Arts Center, Irvine, California; catalogue
California in Three Dimensions, California Center for the Arts Museum, Escondido,
California; catalogue
1994 inSITE94:A Binational Exhibition of Installation and Site-Specific Art, Installation Gallery,
San Diego, California (Heir Loom at California State University, San Marcos); catalogue
unSITEly, Linda Moore Gallery, San Diego, California
On Site at the Gate '94, The Gate Gallery, Angels Gate Cultural Center for the Visual
and Performing Arts, San Pedro, California
1993 The Space Between, Jose Drudis-Biada Art Gallery, Mount St. Mary's College, Los
Angeles, California
1992 Ten Easy Pieces: Six New Gallery Artists, Linda Moore Gallery, San Diego, California
1991 Invitational Exhibition, San Diego Art Institute, San Diego, California
1990 Satellite Intelligence: New Art from Boston and San Diego La Jolla Museum of
Contemporary Art, La Jolla, California, and List Visual Arts Center, Massachusetts
Institute of Technology, Cambridge, Massachusetts; catalogue
Ancient Stillness/Ancient Silence, Biota Gallery, Los Angeles, California
Art from Non-Traditional Materials, The Art Store Gallery, Newport Beach, California
t
Mixed Media and Messages, Lang Art Gallery, Scripps College, Claremont, California
Public Collections
Museum of Contemporary Art San Diego, La Jolla, California
168
ANNE MUDGE I THE LAST STRAW
P.C.Box 333,Cardiff,CA 92007 PH:(619)887-5770 I Email:annemudge@sbcglobal.net Http://www.annemudge.com
References
Gail M. Goldman
Gail M. Goldman Associates
Public Art Planning & Project Development
7660 Fay Avenue, Suite H,
PMB 330
La Jolla, CA 92037
(858) 490-9270
Email: gail @gmgassoc.com
Jeff Redlitz, Project Manager
Department of General Services
County of San Diego
1350 Front Street#4012 San Diego, CA 92101
(619) 525-4487
(858) 694-8834
Email:jeff.redlitz @sdcounty.ca.gov
Constance Y. White
Art Program Manager
San Diego International Airport
POB 82776
San Diego CA 92138-2776
(619) 400-2891
Email: cywhite @san.org
169
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MARK GRIEVE
Fine Artist / Builder
2975 Sonoma Mtn. Rd., Petaluma, CA 94954
+ 1 .415.850.3690 / markdgrieve@gmail.com / www.markgrieve.com
Public Art Commissions
2014 City of Davis/UC Davis,Third Street Improvement Project, Davis, CA(upcoming)
2013 "Archways,"City of Santa Clarita, Santa Clarita, CA(upcoming)
2013 Myriad Botanical Gardens, Oklahoma City, OK(upcoming)
2012 "Ring Roll," California State University, Chico, CA
2011 "Full Circles," San Francisco Arts Commission Visitacion Valley Library, San Francisco, CA
2011 Finalist for City of Seattle, King Street Station, Seattle, WA
2010 "Cyclisk,"City of Santa Rosa and Public Art, Santa Rosa, CA
2009 Finalist for City of Phoenix Children's Museum, Phoenix, AZ
2009 Finalist for San Francisco Arts Commission, McCoppin Park, San Francisco, CA
2009 Finalist for San Diego Airport Commission, San Diego, CA
2009 "Pacific Rim," City of San Rafael and Artworks Downtown, San Rafael, CA
2009 "Double Arch" or"Ride On!" City of Glendale,AZ
2008 "Wheel Arch," San Buenaventura Public Art Commission,Ventura, CA
2008 "Flat Heaven," or"This One's for Lester," Site-Specific Installation, San Rafael, CA
2007 "Bike Arch,"Honorary Placement, Black Rock City LLC, Pershing, NV
2006 "Temple of Hope," Honorarium Installation, Black Rock City LLC, Pershing, NV
2006 "Circles and Trees,"Site-Specific Installation, City of San Rafael, CA
2005 "Temple of Dreams," Honorarium Installation, Black Rock City LLC, Pershing, NV
Awards and Honors
2011 American for the Arts, Public Art Network, (PAN)Year in Review Award, San Diego, CA
2011 SEAONC Excellence in Structural Engineering Award of Merit, Special-Use Structures
2010 First Place, AIA Redwood Empire, Decade of Design Award, Small, Sonoma, CA
2008-09 Pollock-Krasner Foundation, Pollock-Krasner Foundation Grant, New York, NY
2009 Puffin Foundation Grant, Puffin Foundation Ltd.,Teaneck, NJ
2008 Recommended Artist, "Wheel Arch," City of San Buenaventura P.L.A.C.E., Ventura, CA
2007 Merit Award, California State Fair, Sacramento, CA
1996 "Individual Artist Grant Recipient,"The Marin Arts Council- Buck Fund Individual Artist Grant
1989 First Place,Annual Juried Exhibition, "A Look Forward,A Look Past," Falkirk Center, San Rafael, CA
1988 First Place, "Annual Juried Exhibition," Falkirk Cultural Center, San Rafael, CA
1987 First Place, College of Marin, Juried Show, Kentfield, CA
Corporate Commissions
2011 'Take Me to the Bridge," Red Bull, Embarcadero Square, Justin Herman Plaza, San Francisco, CA
2008 "Suspended Composition,"Chrome Industries, San Francisco, CA
Academic: Lecturer, Chico State University, Chico CA
Education and Apprenticeships
1993-94 San Francisco Art Institute,San Francisco, CA
1984-89 College of Marin, Kentfield,CA
1986-91 Apprenticeship under Allen Taylor, master builder
1985 Apprenticeship under Prof.Thanos Johnson, specializing in traditional Japanese pottery techniques
Collections
Bici Centro, Santa Barbara,CA
Susan Cummins, Petaluma, CA
Robin Williams, San Francisco, CA
Elaine and Maxwell Meyers, San Francisco, CA
Chester Arnold, Napa, CA
The Fleeman Collection, Austin, TX 173
MARK GRIEVE
Fine Artist / Builder
2975 Sonoma Mtn. Rd., Petaluma, CA 94954
+ 1 .415.850.3690 / mark-.grieve @gmail.com / www.markgrieve.com
Selected Publications and Media
2013 Weis, Susan, "San Francisco: Arts for the City Civic Art and Urban Change 1932-2012," Heydey, pp. 20, 223
2012 Official London 2012 Olympic Opening Ceremony Souvenir Program, pp. 32-33, 68
2012 Metcalfe, John, "Incredible Sculptures Made From Bike Parts,"Atlantic Cities, Nov. 20, 2012
http://www.active-life.com/mask-composition-with-bike-2012
2012 American Libraries Magazine, "Library Design Showcase 2012: The Shape of Things," Feb. 28, 2012
2011 losifidis, Kiriakos, "BIKE ART, Bicycles in Art Around the World," Publikat, 2011, pp. 200-201, 253
2011 "Copenhagenize's Top Five Bicycle Monuments,"Aug. 15, 2011
2011 Lee, Stephanie, "Visitacion Valley to reopen after Remake," San Francisco Chronicle, July 30, 2011, C2
2011 Public Art Review, Issue 44 - Spirituality and Religion, spring/summer 2011, p. 81
2011 Primeau, Martin, "Re-bicyclage," D6brouillArts, May 2011, p. 5
2011 "Wheel Creative Mark Grieve,"The Red Bulletin, June 2011, p. 22
2010 Graziano, John, Ripley's Believe It or Not!®Comic, December 5, 2010
hftp://comics.con-/ripleys_believe_it_or_not/2010-12-05/#CMT_Comments
2010 Ma, Sandy, Kadokawa Media Taiwan, MY LOHAS(Life Styles Of Health and Sustainability), Dec. 3
2010 South Park"Coon vs. Coon& Friends(Season 14, Episode 13), November 10, 2010
2010 Robinson, Bruce "The Cyclisk," North Bay Report, KRCB 91 FM, October 2010, http://krcb.org/the-cyclisk
2010 Tweney, Dylan, "California Artists Build Obelisk Out of Bicycles,"Wired, Sept. 8, 2010
hftp://www.wired.com/gadgetiab/2010/09/bicycle-obelisk
2010 Elend, Peter, "Cyclisk Rises,"Velo Vision, Issue 39, September 2010, p. 4
2010 Frattini, Kristen, "60ft Bike Obelisk Towers over Santa Rosa, CA," Bikeradar.com, Sept. 3, 2010
?010 The Drive with Steve Jaxon, KSRO 1350 am, Live Interview, August 31, 2010
2010 McCallum, Kevin "What's It All Mean?" Press Democrat, August 26, 2010, Front Page,A9(photos)
http://www.pressdemocrat.com/article/20100826/ARTICLES/1 00829569?tc=ar
2010 Keeler, Stuart, "Salon des Refuses...,"Americans for Arts Half-Century Summit, June 26, 2010, Baltimore, MD
2009 `The Arts Advantage in Glendale,"Glendale, AZ July 2009, www.glendaleaz.com/glendalel 1/arts
2009 Berner, Megan "Pass the Bike; We heART Bikes" Reno News&Review, April 23, 2009
2008 "Local Artists Strike Burning Man,"Argus-Courier,The Buzz, p. C1, Sept. 4, 2008
2008 Johnson, Robyn, 12 of the coolest art installations in the history of Burning Man,"Aug. 25, 2008
2008 Taylor, Matthew, "Burned Out on Burning Man,"Sierra, July/August 2008, pp. 32, 33(photos)
2008 Samson, Chris, "Local Artist's Outdoor Bike Sculpture a Hit in Ventura,"Argus Courier, May 15-21,A6, A9
2008 Taggart, Phillip, CNN Headline News, SoCalNews, May 5, 2008
2008 Clerici, Kevin, "Artist is assembling sculpture of bike parts,"Ventura Star, April 4, 2008, p. B1, B3
http://www.venturacountystar.com/news/2008/apr/04/artist-is-assembling-sculpture-out-of-bike-parts/
2008 "Street Detail,"San Francisco Magazine,April 2008, p. 67(including photo)
2007 BikeRadar, `The Bike Arch: Recycled Art,"Sept. 20, 2007
2007 Keesling, Ryan, "On Mark Grieve's Bicycle Arch at Center Camp," BRAF Journals, Sept. 2007
2007 "Burning Man 2007,"San Francisco Chronicle, August 30, 2007, http://sfgate.com/c/pictures/2007/08/30/
mn_burningman_116_mac.jpg
2007 van Meter, Lori, "The Temples at Burning Man," 5th Global Conference, Making Sense of Dying and Death,
Mansfield College Oxford, July 10, 2007
2007 Bruder, Jessica, "Burning Book: ...,"Simon Spotlight Entertainment, 2007, pp. 304, 316
2006 New York Times online, http://www.nytimes.com/slideshow/2006/08/28/arts/
20060829_BURNING_SLIDESHOW_15.html ... _38.html
2006 Haden-Guest, Anthony, "In Defense of Burning Man,"Art in America, June-July 2006, p.112
2006 LeDuff, Charles"Only in America," Discovery Channel, Feb. 2, 2006
2005 Terdiman, Daniel, "Burning Man Mourns the Big Easy,"Wired, Sept. 6, 2005
L 2005 Terdiman, Daniel, "Burning Man Feeds Art Inferno,"Wired, Sept. 1, 2005
2005 Young,Tobias, "From Art to Ashes," Press Democrat, Aug. 15, 2005, Front page(photo)
2005 Upshaw, Jennifer, "San Rafael Artwork Goes Public," Marin Independent Journal, Jan. 30, 2005
2004 Alba, Victoria, "Rising Suns," Pacific Sun, Upcoming North Bay talent issue, pp. 21, 23, Aug. 18-24
2004 Robertson, Ross, "Naked on Stilts,"What is Enlightenment?, Issue 24/Feb.-April '04 174
www.MarkGrieve.com
MARK GRIEVE
Fine Artist / Builder
2975 Sonoma Mtn. Rd., Petaluma, CA 94954
+ 1 .415.850.3690 / mark-dgrieve @gmail.com /www.markgrieve.com
Selected Exhibitions(* Solo Shows)
2012 pART Project, World Bicycle Relief, New York, NY
2012 Outside Lands, VIP/Talent area, Golden Gate Park, San Francisco, CA
2011 "Fork Composition" and "Figurative Composition," Sonoma Valley Museum of Art, Santa Rosa, CA
2011 Untitled Figure, Spencer Brownstone Gallery, New York, NY
2011 "Bubbles," Point Reyes Station, CA
2009 "II Mazzolin di Rod," Puffin&Pollock-Krasner Foundation and self-funded, Dead Dog Dune, NV
2009 "The Bean Chandelier,"Tour de California, Sausalito, CA
2008 "Exercise in Democracy-for Under 500 Bucks"Self-funded Installation, Pershing, NV
2008 THE PIG,"Self-funded Installation, Dead Dog Dune, NV
2008 "Wheel Arch Splendor," Los Angeles River Ride, Los Angeles, CA
2008 "21 Days of Black Rock City," Reichek Creators Equity Foundation, Petaluma, CA
2008 "Bringing Back the Fire: Art&Community..."Santa Rosa Junior College, Santa Rosa, CA
2008 "Flat Heaven," Site-Specific Installation,San Rafael, CA
2007 "Bike Arch," Burning Man Festival, Black Rock City, NV
2007 California State Fair, Merit Award, Sacramento, CA
2007 Art League of Northern CA, Marin MOCA, Novato, CA
2006 * "Post-Temple Project Installation,"Artworks Downtown, San Rafael, CA
2006 "Circles and Trees," Site-Specific Installation, San Rafael, CA
2006 "Wet Paint,"Sonoma Museum of Art, Sonoma, CA
2006 "Temple of Hope," Burning Man Festival, Black Rock City, NV
2005 Fundraising Auction, De Rosa Preserve, Napa, CA
2005 `Temple of Dreams," Burning Man Festival, Black Rock City, NV
2004 "Sonoma Paints," Period Exhibition, Sonoma Museum of Art, Sonoma, CA
2004 College of Marin, Group Show, Teachers and Students, Mann, CA
2003 "House of Godzilla," Burning Man Festival, Black Rock City, NV
2003 "Offerings and Sanctuaries,"Site-Specific Installation, San Rafael, CA
2003 "Teachers and Students,"Art Works Downtown, San Rafael, CA
2003 "Sonoma Creates," First Juried Exhibition, Sonoma Valley Museum of Art, Sonoma, CA
2002 "Forbidden City," Burning Man Festival, Black Rock City, NV
2002 Auction for Hemophiliac Children, San Francisco Art Association
2002 Alumni Show, College of Marin, Kentfield, CA
2001 "Annual Juried Exhibition," Marin County Fair
2000 "Annual Juried Exhibition," Marin County Fair
2000 "Annual Juried Exhibition," Falkirk Cultural Center, San Rafael, CA
1996 "Individual Artist Grant Recipient,"The Marin Arts Council
- Recipient of the Buck Fund Individual Artist Grant
1996 * Solo Exhibition, 444 Market St., San Francisco, CA
1996 Juried Landscape Exhibition, Artisan's Gallery, San Rafael, CA
1995 "Hero Show," Susan Cummins Gallery, Mill Valley, CA
1995 "Introductions," San Francisco Art Dealer's Association
1994 "The Gold Show," Monterey Peninsula Museum, Palo Alto Cultural Center
1992 "On a Small Scale," Susan Cummins Gallery, Mill Valley, CA
1991 "Shrines,A Place of Worship," Falkirk Cultural Center Juried Show, San Rafael, CA
1991 "Romance Exhibition,"The Monterey Peninsula Museum
1991 "Bird Images," Susan Cummins Gallery Mill Valley, CA
1990 "Iconic Images," Susan Cummins Gallery, Mill Valley, CA
1989 "A Look Forward, A Look Past," Falkirk Cultural Center Juried Exhibition, Awarded First Place
1988 "Annual Juried Exhibition," Falkirk Cultural Center, Awarded First Place
1987 College of Marin, Juried Show,Awarded First Place
1987 Open Sculpture Show, Marin Art and Garden Center
175
www.MarkGrieve.com
ILANA SPECTOR
Fine Artist
2975 Sonoma Mtn. Rd., Petaluma, CA 94954
+ 1.707.776.7733 / ilanaspector @gmail.com / wwwMarkGrieve.com
Public Art Commissions
2014 City of Davis/UC Davis,Third Street Improvement Project,Davis,CA(upcoming)
2013 Myriad Botanical Gardens,Oklahoma City,OK(upcoming)
2013 "Archways,"Selected Sculpture for City of Santa Clarity,Santa Clarita,CA(upcoming)
2012 "Ring Roll,"California State University,Chico,CA
2011 Finalist for City of Seattle,King Street Station,Seattle,WA
2011 "Full Circles,"San Francisco Arts Commission Visitacion Valley Library,San Francisco, CA
2010 "Cyclisk,"City of Santa Rosa and Public Art,Santa Rosa,CA
2009 Finalist for City of Phoenix Children's Museum,Phoenix,AZ
2009 Finalist for City of Phoenix Matthew Henson VI Community Garden,Phoenix,AZ
2009 Finalist for San Francisco Arts Commission,McCoppin Park,San Francisco,CA
2009 Finalist for San Diego Airport Commission,San Diego,CA
2009 "Double Archway,"Site-specific installation for City of Glendale,AZ&San Rafael,CA
2009 "Pacific Rim,"City of San Rafael and Artworks Downtown,San Rafael,CA
2009 "Double Arch,"City of Glendale,Jazz and Blues Festival,Glendale,AZ
2009 "Wheel Arch,"City of San Buenaventura Public Art Commission,Ventura,CA
2008 "Flat Heaven,"City of San Rafael&Artworks Downtown,San Rafael,CA
2008 "Circles and Trees,"City of San Rafael&Artworks Downtown,San Rafael,CA
2007 `Bike Arch,"Black Rock City LLC,Black Rock City,NV
Selected Exhibitions
2012 PART Project,World Bicycle Relief,New York,NY
2 2012 Outside Lands,VIP/Talent area,Golden Gate Park,San Francisco,CA
2011-12 "Fork Composition,"Sonoma Valley Museum of Art,Santa Rosa,CA
2011 "Archway Composition with Bike Parts#14"or"Spoken For,"Jack London Square,Oakland,CA
2011 "fake Me to the Bridge,"Red Bull,Justin Herman Plaza,Embarcadero Square,San Francisco,CA
2011 `Bubbles,"Geography of Hope Conference,Grandi Building,Pt Reyes Station,Invernes,CA
2009 "Il Mazzolin di Fiori,"Pollock-Krasner Foundation grant,Puffin Foundation grant,Dead Dog's Dune,NV
2009 "The Bean Chandelier,"Tour de California,Sausalito,CA
2008 "Exercise in Democracy—for Under 500 Bucks,"Pershing,NV
2008 "THE PIG,"Pershing,NV
2008 "Wheel Arch Splendor,"Los Angeles River Ride,Los Angeles,CA
2008 `Bringing Back the Fire:Art&Community..."Santa Rosa Junior College,Santa Rosa,CA
2008 "Flat Heaven,"Site-Specific Installation,San Rafael,CA
Awards and Honors
2013 Velo-City,Cycling Visionary Prize,Cycling and the Arts,Vienna,Austria
2011 American for the Arts,Public Art Network,(PAN)Year in Review Award,San Diego,CA
2011 SEAONC Excellence in Structural Engineering Award of Merit,Special-Use Structures
2010 AIA Redwood Empire Decade of Design Award,First Place,Sonoma,CA
2008 Recommended Artist,"Wheel Arch,"City of San Buenaventura Public Arts Commission EL.A.C.E.,Ventura,CA
Corporate Commissions
2013 Clif Bar,Emeryville,CA(upcoming)
2008 Chrome Industries,San Francisco,CA
2007 `Bike Arch,"Black Rock City LLC,Black Rock City,NV
Academic Lecturer,Chico State University,Public Art,Chico CA
Education
2012-13 College of Marin,Kentfield,CA 1992-96 cum laude,Georgetown University,Washington,DC
1997-00 UC.L.A.School of Law,Los Angeles, CA 1995-96 London School of Economics,London,UK
176
wvvw.MarkGr eve.com
MARK GRIEVE / ILANA SPECTOR
Fine Artists
2975 Sonoma Mountain Rd., Petaluma, CA 94954
+ 1 .415.850.3690 / mark-dgrieve @gmail.com / www.markgrieve.com
References:
1. Tara Matheny-Schuster, Arts Coordinator, City of Santa Rosa
- Recreation, Parks &Community Services
- 2060 W. College Ave., Santa Rosa, CA 95401
- 707.543.4512
- tmatheny_schuster @srcity.org
2. Andrew Maloney, Architect
- Bureau of Architecture, 30 Van Ness, San Francisco, CA 94102
- 415.431.2008
- Andrew.Maloney @sfdpw.org
3. Chester Arnold, Artist
- 443 East Napa, Sonoma, CA 95476
- 707.938.8746
- Catherine Clarke Gallery representation email: info @cclarkgallery.com
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art matters
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 I TEACHING /APPOINTMENTS
2011 American Institute of Architects Design Conference, Monterey, CA,"The Great Collaboration: Integrating
Art&Architecture"
2009 Stained Glass Association of America, Oklahoma City,OK, "Stained Glass Then and Now'
University of San Francisco, School of Architecture,"Art in Architecture"
2008 Homeless Assistance Center,Dallas,Texas, "Art Matters"
2007 BECon Conference, Portland,Oregon,"Making Art, Love and Money"
2006 American Institute of Architects San Francisco, Center for Architecture&Design,
Member of the Board of Directors
2005 Chairman, City of Napa, Planning Commission
2002 Napa Valley Museum Board of Trustees, President
2000 Urban Art Commission&The American Institute of Architects, Memphis,TN
Guest Lecture,"Designing our Community Through Art in Architecture"
1999 American Institute of Architects National Conference, Dallas,Texas.
Guest Lecture,"Public Art in America"
1998 American Institute of Architects National Conference, San Francisco, CA
Guest Lecture,"Redefining Contemporary Glass"
1997 Society for Environmental Graphic Design National Conference,San Francisco, CA
Guest Lecture
1996 PLANETREE Annual Conference, San Francisco,CA
Guest Lecture,"Light and Color: Elements that Heal"
MOST RECENT SELECTED EXHIBITIONS
1997—Present Permanent Resident Artist,Rotating Solo Exhibition.Artesa Winery, Napa,CA
2010 Public Art Walk,Town of Yountville,CA
2009 Beauty;Group Exhibition.The Gallery at Cliff Lede Vineyards, Yountville, CA
2007 Metal Matters;Solo Exhibition. Robert Mondavi Winery,Oakville, CA
2006 Art+Architecture,Group Exhibition. Keller Estate Winery, Petaluma,CA
2005 Summer in Southpark;Group Exhibition.Andrea Schwartz Gallery,San Francisco,CA
2005 Orange Door-Blue Window;Solo Exhibition. Metalstone Gallery, New York, NY
2005 Group Exhibition.Artamo Gallery, Santa Barbara,CA
2005 El Paseo Exhibition; El Paseo Drive Palm Desert, CA
2004 Body Talk;Solo Exhibition.The UMA Gallery, New York, NY
2004 In Nature's Light, New York Hall of Science, New York, NY
AWARDS
2010 ASID (American Society of Interior Designers)California Peninsula Chapter Certificate of Merit
2009 Americans for the Arts Public Art Network(PAN)Best Public Art in the US Award for the'Gotta Go'art
installation at the Jacksonville International Airport,Jacksonville, FL
2009 American Institute of Architects(AIA) Housing Committee Award for Special Housing and the
AIA/Department of Housing and Urban Development(HUD)Award for Community-Informed Design for
The Bridge Homeless Assistance Center in Dallas,TX featuring a public art installation by Gordon
Huether
2006 Americans for the Arts Public Art Network(PAN)Best Public Art in the US Award for the
Stockton Arena Public Parking Structure art installation,Stockton,CA
PUBLIC ART AWARDS
2012 Raleigh-Durham International Airport, Raleigh, NC
Awarded by:Raleigh Durham International Airport GORDON H U E T H E R
1821 Monticello Road Napa,CA 94558
113 Phone 707.255.5954 Fax 707.255.5991
mail@gordonhuether.com•gordonhuetheuln8 1
art matters
2012 Bobenheim-Roxheim,Germany,Parish Church St.Laurentius
I Awarded by:Bistum Speyer,Episcopalian Building Authority
t Oakland Coliseum BART Station,Oakland, CA
Awarded by:BART(Bay Area Rapid Transit)
Henry Belmon Research Center Oklahoma State University,Oklahoma City, OK
Awarded by:Oklahoma Art in Public Places
City of Peoria Centennial Plaza Sculpture, Peoria,AZ
Awarded by:The City of Peoria
2011 CINEMARK Theatre,Napa,CA
Awarded by:Peter A.&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:The City of Allen
2010 Houston Police Department Midwest Police Station, Houston,TX
Awarded by:Houston Arts Alliance&The City of Houston
Sun Tran Bus Storage&Maintenance Facility,Tucson,AZ
Awarded by:Tucson Pima Arts Council
Kansas City Police Department South Patrol Station, Kansas City, MO
Awarded by:The City of Kansas City,MO
Salt Lake City International Airport I TRAX Station,Salt Lake City, UT
Awarded by:The City of Salt Lake City,UT and Utah Transit Authority
Millcreek Community Center,Salt Lake County, UT
Awarded by:Salt Lake County,UT
2009 Miramar Town Center,White Rock, BC,Canada
Awarded by: The City of White Rock in conjunction with 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 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: The Town of Chapel Hill,NC
Napa Fifth Street Parking Garage,Napa,CA
Awarded by: The City of Napa
Jack London Square,Oakland, CA
Awarded by: The City of Oakland and Jack London Square Partners
2007 Jacksonville International Airport,Jacksonville, FL
Awarded by: Jacksonville International Airport Arts Commission
Richmond Civic Center Renovation,Richmond,CA
Awarded by: The 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 Campus Walnut Creek,CA
Awarded by: John Muir Health Foundation in conjunction with The City of Walnut Creek
2006 Dallas Homeless Assistance Center,Dallas,TX
Awarded by: The County of Dallas
Marsh Creek Bridge, Brentwood,CA
Awarded by: The City of Brentwood
Sacramento Regional County Sanitation District,Sacramento, CA
Awarded by: Sacramento Metropolitan Arts Commission
The Collection,Burbank,CA
Awarded by:Champion Development/City of Burbank
Tallwood Venture Capital Building,Palo Alto, CA
Awarded by: Tallwood Venture Capital
2005 Salt Palace Convention Center, Salt Lake City, UT
Awarded by: Salt Lake County
City of Glendale Foothills Recreation&Aquatics Center,Glendale,AZ
Awarded by: Glendale Arts Commission
j San Jose Fire Department Station 17,San Jose, CA
Awarded by: The City of San Jose
2�3 GORDON HUETHER
1821 Monticello Road Napa,CA 94558
Phone 707.255.5954 Fax 707.255.5498 2
art matters
GORDON HUETHER I REFERENCES
Richard M. Archer, FAIA, LEED
Senior Principal
Overland Partners Architects
5101 Broadway
San Antonio, TX 78209
Phone: (210) 829-7003
Email: rma @overlandpartners.com
Regina Almaguer
Public Art Consultant
9 Pico Court
Orinda, CA 94563
Phone: (925) 377-5531
Email: ralmaguer @comcast.net
Jon Koster
Administrative Office of the Courts
11285 Gold Country Blvd.
Gold River, CA 95670
Phone: (916) 698-2083
Email:john.koster @jud.ca.gov
i
GORDON HUETHER
1821 Monticello Road Napa,CA 94558
��� Phone 707.255.5954 Fax 707.255.59911 p O 3
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...our land,water bodies and oceans are interconnected,
codependent communities to which we as individuals
are one of many individuals that belong:'
Ventura Coastkeeper Program
Wish toyo Foundation
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Artwork for the Arroyo Vista Recreation Center
Arroyo: 1 : a waterway (as a creek) in a dry region
2 : an often dry gully or channel carved by water
Merriam Webster Student Dictionary
Las Posas: In Spanish place names, "poza" means 'puddle' or'pool' and "pozo" means
well', but in land grants in Spanish California both words, sometimes spelled "posa" or
"poso", were used in the sense of"water hole."Therefore, "the water holes..."
www.answers.yahoo.corn
Project description:
The Arroyo Vista Recreation Center and the Arroyo Vista Community Park ari
named after the Arroyo Las Posas.
It therefore seems fitting that artwork for the Recreation Center makes a
meaningful connection between the arroyo and its namesake.
This project is an opportunity to connect the community - especially children —
with the natural world that is living right alongside them.
Some questions that might be addressed:
What was the arroyo like in its natural state?
What plants and creatures evolved to make it their home?
How has the arroyo changed with human impacts?
How have native species adapted?
What new species have migrated to the water source to compete with
them?
1__1 t_ it__ ,J +h.. o�}or riflnnrn.�r
Why Is a healthy arroyo important - to thle environment aims a grcca el iVfv Hark
community?
What actions can we encourage to maintain it as a healthy part of our
neighborhood?
188
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(tYp) - "Streambed"
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"Watering Hole"
Lithocrete areas " K NOT TO SCALE
http://www.lithocrete.com ,;
�. Preliminary Proposed Scope
Lithomosaic medallions (typ) for Public Artwork at
http://www.lithomosaic.com Arroyo Vista Recreation Center
This schematic indicates an initial-stage concept only.
Eventual size and full extent of project elements will be
determined during the research phase of the project,at which
time an itemized budget will be defined.Note that project
elements may include processes other than those specified on this
drawing(e.g.,cast bronze,etc.).
ANNE MUDGE I THE LAST STRAW, P.O.BOX 333,CARDIFF,CA 92007-0333, PH:610 887-5770, annemudge @sbcglobal.nei 8 9
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Arroyo imagery !using Lithomosaic
savoy-cut into existing sidewalk
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CONTRACT PROVISIONS
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 for the 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,
film strips, 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, 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 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, 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.
Indemnification:
INDEMNIFICATION.
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
ATTACHMENT 4
202
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 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 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 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 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.
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 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
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errors or omissions were the result of circumstances unforeseen at the time these deliverables
were developed or approved.
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.
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.
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.
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 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.
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 or on 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
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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 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.
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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 ARTISTs and
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.
19. These insurance requirements are intended to be separate and distinct 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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