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Martin Webb, Artist - 2017-11-06
Dept. ID CS 17-026 Page 1 of 2 Meeting Date: 11/6/2017 RPPP-6 VL-;�> -7-D CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Receive and file updated information regarding the status of the commissioning of Public Art at the Senior Center in Central Park Statement of Issue: There is a need to update the City Council on the status of the commissioning of public art at the Senior Center in Central Park. Financial Impact: Funds for public art in the amount not to exceed $100,000 were approved with the original project budget and are currently encumbered in the Senior Center Development account # 31987001. Recommended Action: Receive and file updated project information regarding the status of the commissioning of public art at the Senior Center in Central Park. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Since 2000, the City has had a public art policy in place, which requires major, non-residential projects and residential projects of 50 units or more to have a public art component. The installation of Public Art at the Senior Center in Central Park is required per the conditions of the Conditional Use Permit for the project approved by the City Council, originally in 2008, and again in 2012. To comply with this condition, Community Services Department staff worked closely with Community Development and Purchasing Staff to develop a Request for Proposal (RFP) for the commissioning of Public Art for the Senior Center Project. The RFP was released and several artists responded. The proposals were reviewed, the most qualified artists were interviewed, an eligibility list was created and an artist was selected for the project. Once the City and the artist originally selected began discussing the terms of the agreement, it was determined that it would be in the best interest of the City to consider working with another artist from the eligibility list. As a result of this delay, the Senior Center opened in July 2017 without the public art component completed. The provision of public art is consistent with the City's adopted Urban Design Guidelines and Historic and Cultural Resources Element of the General Plan and is one of the conditions for the project, therefore, staff began discussions with another public artist from the original RFP eligibility list. HB-gi_ Item 8.-I Dept. ID CS 17-026 Page 2 of 2 Meeting Date- 11/6/2017 These discussions were successful, and the City is ready to begin taking the Senior Center project through the Public Art Process. As a part of the Public Art process, the artist will meet with Community Development and Community Services Staff to refine the concept for the project, and will then take this concept through the Design Review Board process for review and approval. As required in the RFP, the art for the Senior Center in Central Park will be installed outside, as part of the Center's public and patio areas. It will be original, artist generated, and site specific to the location within Central Park. The art will be durable, low maintenance, and appropriate for the out- of-doors location in the garden area of the Senior Center. To that end, the City has developed an agreement with the artist that would allow the artist to commence work immediately, following the timeline outlined below: October 1, 2017 Development of DRAFT agreement with ARTIST - COMPLETE October 15, 2017 Final agreement signed by artist - COMPLETE November 2017 Artist Agreement Approved by City Manager November 2017 Artist to present conceptual drawings to City Staff for approval December 2017 Artist to present conceptual plans to the Design Review Board June 2018 Anticipated completion of fabrication and installation of Public Art Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): Not applicable Item 8. - 2 H B -82- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARTIN WEBB FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR THE SENIOR CENTER IN THE PARK THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MARTIN WEBB, hereinafter referred to as "ARTIST." WHEREAS, CITY desires to engage the services of ARTIST to design, fabricate and install a public art work for the Senior Center in the Park; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03 relating to procurement of professional service contracts have been complied with; and ARTIST has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and ARTIST as follows: SCOPE OF SERVICES ARTIST shall provide all services as described in Exhibits "A" and "A -I," which are attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROTECT." ARTIST hereby designates Martin Webb, who shall be the sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a contract administrator, Chris Slama and an on -site contact, Randy Pesqueira, to work directly with ARTIST in the performance of this Agreement. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of ARTIST are to commence on October 15, 2017 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibits "A" and "A-1" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibits "A" and "A-1" are generally to be shown in Exhibits "A" 17-5695.001/165738/RLS 3/16/17/DO and "A-1". This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and ARTIST. The Project shall be sited in the Project Area depicted in Exhibit "B", attached hereto and incorporated into this Agreement by this reference. In the event the Commencement Date precedes the Effective Date, ARTIST shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay ARTIST on a fixed fee basis as specified in Exhibit "A", which is attached hereto and incorporated by reference into this Agreement, including, but not limited to, all design fees, travel, materials, fabrication costs, documentation, costs and expenses, taxes, and transportation and installation of the public art work, not to exceed One Hundred Thousand Dollars ($100,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibits "A" and "A-1", or changes in the scope of services described in Exhibits "A," and "A-1", ARTIST will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT ARTIST shall be paid pursuant to the terms of Exhibit "A". 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS ARTIST agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and ARTIST shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. WARRANTIES A. Warranties of Title ARTIST represents and warrants that the Artwork to be created: (a) is solely the result of the Artistic effort of ARTIST; (b) is unique and 17-5695.001/165738/RLS 3/16/17/DO 2 original, except as otherwise disclosed in writing to CITY; (c) is not a duplicate thereof, has not been accepted for sale elsewhere disclosed in writing; (d) does not infringe upon any copyright; and (e) is free and clear of any liens or claims from any source whatsoever. Notwithstanding the preceding, if the Artwork is a part of a series it may be used by ARTIST in the future, but not the installed piece, which is unique to this Contract. B. Warranties of Quality and Condition ARTIST represents and warrants that: (a) the execution and fabrication of the Artwork will be performed in a professional manner; (b) Artwork, as fabricated and installed, will be free of defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by ARTIST to CITY. The warranties described in this Section shall survive for a period of three (3) years after the final acceptance of the Artwork, with periodic required maintenance, by CITY, according to directions provided by ARTIST. CITY shall give written notice to ARTIST of any breach of ARTIST's warranty within ninety (90) days of the breach during the three-year period after final acceptance of the Artwork. ARTIST shall, at the request of CITY, and at no cost to CITY, reasonably and promptly cure the breach of any such warranty which is repairable by ARTIST and which repair is consistent with accepted practices of professional conservation (including, for example, repair by means of restoration, refurbishing or re-creation of part or all of the Artwork.) 9. HOLD HARMLESS ARTIST hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with ARTIST (or ARTIST's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any 17-5695.001/165738/RLS 3/16/17/DO of its obligations contained in this Agreement by ARTIST, its officers, agents or employees except such loss or damage which was caused by the sole negligent or willful misconduct of CITY. ARTIST will conduct all defense at its sole cost and expense and CITY shall approve selection of ARTIST's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by ARTIST. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, ARTIST acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. ARTIST covenants that she shall comply with all such laws and provisions. ARTIST shall maintain workers' compensation insurance with statutory limits and employer's liability insurance with a limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. The policy shall contain, or be endorsed to include, a waiver of subrogation in favor of the CITY. If ARTIST has no compensated employees working on the PROJECT, ARTIST may complete and return a "Non - Employer Status" form to be used in lieu of a workers' compensation certificate. 11. GENERAL LIABILITY INSURANCE In addition, ARTIST shall obtain and furnish to CITY, a policy of general liability insurance against any and all claims arising out of or in connection with the PROJECT. This policy shall indemnify ARTIST, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability, personal and advertising injury and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Two Million Dollars ($2,000,000.00) for the Premises. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds on a separate Additional Insured Endorsement page listing the policy number and cover both ongoing and completed operations, and shall specifically provide that any other insurance coverage which 17-5695.001/165738/RLS 3/16/17/DO 4 may be applicable to the Agreement shall be deemed excess coverage and that ARTIST's insurance shall be primary. ARTIST shall require all sub -ARTISTS to obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage, against any and all claims arising out of or in connection with the PROJECT in the same amounts required under this section. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. AUTOMOTIVE INSURANCE ARTIST shall obtain and furnish to CITY an automotive liability insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the CITY of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers as an additional insured on the endorsement. ARTIST who does not use vehicles or equipment in connection with the Project can request to waive the automotive insurance requirement. 13. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, ARTIST shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy will not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. ARTIST shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from ARTIST's defense, home harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. ARTIST shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 17-5695.001/165738/RLS 3/16/17/DO 14. INDEPENDENT CONTRACTOR ARTIST is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. ARTIST shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for ARTIST and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 15. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate ARTIST's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to ARTIST as provided herein. In the event of termination, all finished and unfinished documents, exhibits, reports, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by ARTIST. 16. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by ARTIST to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the hold harmless and insurance requirements as set forth in Sections 9 and 10 hereinabove. 17. TITLE Title to the Artwork shall pass to CITY upon receipt of the Notice of Acceptance signed by CITY. If CITY fails, within 10 calendar days of the installation of the Artwork by ARTIST, to notify ARTIST that services are unsatisfactory, title and ownership for the Artwork will transfer from ARTIST to CITY upon final payment to ARTIST. A. CITY shall provide insurance for the Artwork upon receipt of the Notice of Acceptance by CITY. B. Title to the Artwork shall be owned by CITY in accordance with the terms hereof, subject to any applicable inventory requirements set forth by State of California. 17-5695.001/165738/RLS 3/16/17/DO 6 18. REPRODUCTION RIGHTS A. General ARTIST retains all rights under The Copyright Act of 1976, 17 U.S.C. 101 et seq., and other rights in and to the Artwork, except ownership and possession and except as such rights are limited by this Contract. Because its final form is unique, ARTIST shall not make 3-dimensional replication of the final Artwork, nor shall ARTIST grant permission to others to do so except with the written permission of CITY. ARTIST grants to CITY and its successors an irrevocable license to make 2-dimensional reproductions of the Artwork for non- commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. B. Artist Credit All reproductions by CITY shall credit ARTIST and include a copyright notice substantially in the following form: "© [ARTIST's name], installation date, date of publication. C. Artist Reproduction Credit ARTIST is hereby granted permission by CITY to reproduce the Artwork in a limited edition, ARTIST agrees to include on or in any form of reproduction for the Artwork initiated or authorized by ARTIST to credit to CITY. 19. ARTIST'S RIGHTS A. General In all matters pertaining to the Artwork and its maintenance, including but not limited to the provisions in this Contract, the provisions of the Federal Visual Artists' Rights Act of 1990 (VARA) shall apply. B. Maintenance CITY recognizes that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. CITY shall reasonably assure that the Artwork is properly maintained and protected in accordance with the requirements of this Contract any breach of which shall void ARTIST's warranties. C. Repairs and Restoration 1. CITY shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Artwork will be made. 17-5695.001/165738/RLS 3/16/17/DO 7 During ARTIST's lifetime, ARTIST shall have the right to approve all repairs and restorations, provided, however, that ARTIST shall not unreasonably withhold approval for any repair or restoration of the Artwork. If ARTIST unreasonably fails to approve any repair and restoration, CITY shall have the right to make such repair or restoration. To the extent practicable, ARTIST, during ARTIST's lifetime, shall be given the opportunity to make or personally supervise significant repairs and restorations as recommended by a professional fine art conservator and shall be paid a reasonable fee and expenses for any such services, provided that CITY and ARTIST shall agree in writing, prior to the commencement of any significant repairs or restoration, upon ARTIST's fee for such services. 2. All repairs and restoration occurring three (3) years after CITY's acceptance of the Artwork will be the responsibility of CITY. Additionally, any repairs or damage due to extenuating circumstances (e.g. tree falling, vandalism, car hits the Artwork, etc shall be the responsibility of CITY upon acceptance of the Artwork. 3. De -accessioning of Artwork will occur if one or more of the following conditions exist during the life of the Artwork: 1) The Artwork is damaged where repair is impractical or costs exceed the value of the Artwork; 2) The Artwork has faults that require repeated and excessive maintenance; 3) The Artwork endangers public safety; and/or 4) Significant public protest has continued unabated over a period of more than five years and a public hearing has not led to a solution. The Visual Artists Rights Act (VARA) provisions regarding CITY's notification of ARTIST ninety (90) days prior to the removal of the Artwork will be followed. All salvage costs to remove the Artwork from the site shall be the responsibility of CITY. ARTIST shall have first right of refusal to accept the Artwork back. If accepted, ARTIST must make arrangements, at ARTIST's sole cost and expense, to remove the Artwork within thirty (30) days of commitment to accept the Artwork. D. All repairs and restorations shall be made in accordance with accepted practices of professional fine art conversation. E. This Contract shall not be construed to restrict CITY's use or disposition of the property on which or in which ARTIST's Artwork is located or adhered. CITY will give one hundred twenty (120) days' notice prior to any change in CITY property that will require removal or relocation of ARTIST's Artwork. Permission or approval of ARTIST is not required 17-5695.001/165738/RLS 3/16/17/DO 8 in these instances. However, it is understood that removal of the Artwork will be after all other options have been exhausted. F. CITY is responsible for adherence to the requirements of VARA. 20. CITY EMPLOYEES AND OFFICIALS ARTIST shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 21. NOTICES Any notices, certificates or other communications hereunder shall be given either by personal delivery to ARTIST's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and ARTIST may designate different addresses to which subsequent notices, certificates of other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail — return receipt requested. TO CITY: TO ARTIST: City of Huntington Beach ATTN: Community Services 2000 Main Street Huntington Beach, CA 92648 22. CONSENT Martin Webb 913 Key Route Blvd Albany, CA 94706 510-684-4492 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 23. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17-5695.001/165738/RLS 3/16/17/DO 9 24. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 25. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbiter or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 26. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 27. IMMIGRATION ARTIST shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 17-5695.001/165738/RLS 3/16/17/DO 10 28. LEGAL SERVICES SUBCONTRACTING PROHIBITED ARTIST and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. ARTIST understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by ARTIST. 29. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 31. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California, and venue shall be in the County of Orange, State of California. 32. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 33. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or 17-5695.001/165738/RLS 3/16/17/DO 11 circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 34. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ARTIST: MARTIN WEBB By: —A A�Z MARTIN BB CITY OF HUNTINGTON BEACH, a municipal co oration of the State of California / e e APPROVED City Attorney NW ;U,�r TED AND APPROVED: of Community Services RECEIV AND �E: hM44'&J City Clerk Date: m h o I 17-5695.001/165738/RLS 3/16/17/DO 12 ATTACHMENT "A" 17-5695.001/165738/RLS 3/16/17/DO 13 ATTACHMENT "A" PAYMENT SCHEDULE Invoice #1 for 10% of total cost — Payment made upon commencement of concept drawings (after CS Staff review and approval of desired placement, location and context of art piece(s)) Invoice #2 for 10 % of total cost - Payment made after delivery of Completed plans/model including material samples (CS and Planning review with appropriate staff review and approval) Invoice #3 for 10 % of total cost - Payment made after Design Review Board (DRB) presentation and approvals Invoice #4 for 20 % of total cost - Payment made after City receives Stamped Engineered plans and specifications with all necessary approvals Invoice #5 for 30 % of total cost - Payment made after fabrication of all pieces are completed, with weekly photo -documentation of progress Invoice #6 for 10 % of total cost - Payment made after City has received all pieces for installation Invoice #7 for 10 % of total cost - Payment made after all elements are installed with all appropriate sign -offs ATTACHMENT 44A-1 " 17-5695.001/165738/RLS 3/16/17/DO 14 REQUEST FOR PROPOSAL FOR PUBLIC ART PROJECT SENIOR CENTER IN THE PARK Community Services Department CITY OF HUNTINGTON BEACH Released on June 25, 2015 SENIOR CENTER � eke Pa�^k NUNIINGIUN BEMH / City of Huntington Beach Public Art Request for Proposal Release date: June 25, 2015 Project intent The City of Huntington Beach Community Services Department seeks to commission an artwork for the Senior Center in the Park, a new 37,563 square foot, state-of-the-art senior activity and services center, currently under construction. The new center is located in the City's historic Central Park, adjacent to the City library. The art will be installed outside, as part of the Center's public and patio areas. A variety of recreational and social activities will be programmed for this area. The artwork should: ➢ Create excitement and interest within the community ➢ Honor and commemorate the aging community in Huntington Beach ➢ Celebrate the positive impact the Center will have on the community Reflect the nature of the park setting that surrounds the center The artists' in-depth knowledge about the community, obtained through research and dialogue with interested community members is integral toward developing the artwork, which could be one or more pieces. The artwork must be original, artist generated and site specific. It should also be durable, low maintenance, and appropriate to the location. Consideration should be given to the high amount of pedestrian traffic in the area as well as weather and the effects of ocean air. Works in a variety of media and forms will be considered. Examples of media include, but are not limited to: paint, wood, tiles, metal, artwork integrated into the architecture, photography, etc. A wide variety of forms for the artwork will also be considered, including free standing sculpture, as well as functional elements such as seating and hardscapes. Budget The budget for this project is not to exceed $100,000. It includes all costs associated with the project including, but not limited to: artist's design fee, travel, materials, fabrication costs, documentation, and transportation and installation of the work. Eligibility The project is open to professional artists, age 18 and over, regardless of race, color, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability. Artist teams are eligible to apply, including teams of artists from multiple disciplines. Installation The location for the Public Art installation has been set aside on the construction plan for the senior center. Site improvements or alterations provided by the builder are limited to surrounding hardscape and electrical conduit to the designated location. The artist will be responsible for providing the art piece as well as all necessary footings. All costs for installation, including architectural details or any other structural elements must be included within the artist's budget. The artist will be responsible for obtaining all required building permits, however, the City will assist with the application and submittal process. This is a City of Huntington Beach Community Services Department commission. Coordination of necessary meetings with City departments will be coordinated by City staff. The artist will be required to make at least two presentations to various City departments about conceptual designs and detailed plans. Timeline August 3, 2015 Deadline for application materials (postmarked) September 2015 Short list of artists is presented to Community Services and Planning Departments. October 2015 Final selection of artist. Submission of timeline with budget and fabrication schedule is due. November 2015 Present conceptual drawings to the Community Services Department and Planning Department staff. December 2015 Present conceptual plans to the Design Review Board March 1, 2016 Submit anticipated installation needs and requirements for the permanent art. Depending on the installation needs, there may be some coordination during this time with the project manager, the architect, and/or builder. April 2016 Anticipated completion of building construction and installation of art. Depending on the installation needs, there may be some coordination during this time with the project manager, the architect, and/or builder. The City reserves the right to change the project timeline lication Artists interested in this project must prepare and submit the following: .l Letter of Interest: The letter should be no more than one page in length and should explain the artist's interest in the project. 1 Current resume. If submitting as a team, a current resume should be submitted for each team member. 1 Fifteen images of the artists work in jpg format and artists URL if available. Images may be included on a flash drive. Images must be labeled. 1 References: A list of at least three professional references that have an intimate knowledge of the artists work and working methods. The list must include complete addresses and telephone numbers. 1 SASE for return of materials if submitting hard copies, otherwise electronic applications will be accepted. 1 Other: The artist may include up to three selections of support materials such as reviews, news articles, and other related information such as biographies. 4. Deadline is August 3, 2015. Submissions: • Huntington Beach Senior Services • Attn: Randy Pesqueira, Director • 1718 Orange Avenue • Huntington Beach, CA • 92648 • Email to: rpesqueira@surfcity-hb.org History and Background Surf City USA. The City of Huntington Beach Senior Center in the Park has long been a dream of the residents of this Southern California seaside town of approximately 200,000 people. Nearly 40% of the population is over 50, with a high growth rate of those 65+. The City's Community Services Department oversees the senior services programs. Housed in a rehabbed building from WWII, the current Michael E Rodgers Seniors' Center along with Seniors Outreach, an annex building, offer a range of activities and services with a focus on aging and wellness. Outreach to the frail and elderly with an emphasis on aging in place has long been a mission of the City. The new Senior Center in the Park will offer much needed space for the growing number of classes, activities, and life enhancing services provided to the aging adult population of Huntington Beach. The site is in Huntington Beach Central Park, the largest City -owned park in Orange County covering over 350 acres of land. The setting is located on open grass fields with extensive tree and flower plantings. In January of 2015, construction of the new center began, which when completed, will serve as a community, recreational, and Human Service facility for the Fifty -plus population of Huntington Beach. It will include services such as recreation, social services, health/wellness services, and socialization opportunities. Patrons will range in age from early adulthood to centenarians. The new facility will serve the full range of the age spectrum; the cerebral/aerobic to the frail/sedentary. Vital services - everything to promote physical, mental, emotional and social health - will be found at the new center: foreign language, art, computer classes and technology groups, aerobics classes, counseling services, leisure specialty classes such as 'card making' and 'lifestories' will be offered. A fitness center will offer the latest in personal and group training. Social events, cafes, daily lunch, health fairs and flu clinics will also help enhance this growing population. City of Huntington Beach Public Art Huntington Beach has an outstanding reputation as a great place to live and a destination for tourism due to the beautiful shoreline, wetlands and wide beaches. It is also a city becoming more urban with increased recreation, resorts, housing, retail industries, and cultural opportunities. It is hoped each part of the city will become more uniquely defined. In making this identity, the City and developers have also begun to incorporate design and aesthetics into their projects. Pier Plaza, built in 1995, was a cultural watershed for the City. The artist -designed amphitheater and other mural projects were well received and subsequent beach and City revitalization projects have incorporated the work of artists. Selection Process A selection panel will evaluate submissions and select an artist based on a variety of criteria including the required submission materials and the artists' understanding of the scope of the project. Short listed applicants will be interviewed. Emphasis will be placed on applicant's proven ability to undertake projects of this capacity and demonstrated ability to work with government agencies, project designers, and the community, in the creation of an art project. Additional Information If you have any questions or need additional information, please contact Randy Pesqueira @ 714-536- 5543 or email: rpesqueira@surfcity-hb.org. I O MVNTINC.T(HI YKN ATTACHMENT "B" 17-5695.001/165738/RLS 3/16/17/DO 15 Z7 -- -------- 7' — --- — ---------- r - ---------- --- - ----- - ---- - I. - -------- - CI) el3------- tp 07 rA . .............. cl — — — — — — — — — — — --- — — L — — — — — — ------------------ - ----- .............. is' Zz- - — — --- - — — — — I ATE OF LIAS] THIS CERT€FiCATEIS ISSUED ,AS A rMATTER OF INF3ORMATION ONLY AND CONFERS NC RIGH I UPON THE ER73FICA E 'HOLDER. THIS CERTIFICATE DCES NOT a iFi-1'rRMATIVE;Y C)R NEGATIVELY gAEND, EXTEND OR ALTER THE COVERA GE ,AFFORDED+ SY THE RcLiC3ES ! SELOW, THIS CERTIFICATE OF INSURANCE DOES NOT C'ONISTI"UTE ,A CONTR.AC T BE JEENd THE ISSUING INSURERiSj, r.?iTk CR.9 Eu REPRESEN7A71VE OR PRODUCER, AND Ti=E CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL. 1NSLIRED� the ;aollcyi'jes} must hatae .ADOIT ONIAL. INSURED Rro,,isions ;,r be endors,1,1 f Si 3ROGA 71CN IS °JED, aaalaecf to the terms and a0neitirns .f the xc�Ilry, rcusaiat poijcies, nay require an enrcrse�e�i. A s?at�sr�es L cIa *hi certificate r~ves not confer rights t0 the --urtificate hn-icier in lieu of stlrh andarsementi`sl= 21 —<� v �,,j4 .._.-,-.__�..- •'95,;RE('ir'.F'D RDINC _OVERAGE NAI.^.::. �1 T. _'M0P,,J_ .�_ ,NSURER A. .. .,________ lZ5 _C 1_� INSLIRE^ INSURER 3 NSURER C. INQURE,'v E V �._} r j r 7 �L L. U i - - COVERAGES CERTIFICAT;= NUMBER: KEVlslur4 NUIVIC5r_M: Tt-IS IS TO '0ERTIF" 7-AT THE POI_It :ES OF INSLIRANC`E Li TEU �EELCW rtA'dt bL=N ;J �L.tu I u i -= ilaavn 0 - 1— -__: --1, , ,- , -�_.�-- •-. • __ INIDICA.TED. �NOTWIT'r.S T.ANIDING ANY RE%UIREVIEf,iT, TER3id OR, CONDITION =,DF ANY CONTRN.CT OR OTHER COCUMENT 'rVIT'; RESPECT T O WHICH THIS CERTIFCATE MAY SE :SSUEn OR MAY ==RTA;K T;.E INSURA;JCE AFFC-RDED 3Y THE POLICIES CESCRIBED HEREIN 'S SUBJECT TO AL T E cnta1S.EXCL!_SiONS AEVL CONDI T IONS OF SUCH PCL!0ES. LjNIIT3 SHOWN MA7 AVE 3E€`! REDIJCED B'�` PAID CLAIMS. SARI ? YPE Oil' SUX�€�'CE' ,iDDL:; „7-FIttI P4LiC-Y 4u NP,Eii l+b'C PULti::'Lr,'' ?tJLJCX E"�? r,`,.p,*Zv td7i39iI7DtYvY'it r n "1 CCMMEiCIAL GENERAL LIABILITY CLAIMS-,UTAOE I iO-CUR ! I i I E4G oCC:,RR2"vCE �5 I . "�•' 1� t CI r' DAktAGE TO REi ITEM PREMISE34Esocourencal -- �:a'12 ^d1 _1a� T(_ i2i L,_ _'si 1AED EXP ;Any one carsori _;� r !,l i- I PERSONAL 3 ADV NJURv f I I j i ( 3'cN'L AGGREGATE LIMIT ^^P'_iES PER: �CUC^r PRC- UGC C JE T a 3'cNERAL TGGR£G,=.TE �5 2, 0 j U r I1 C) PROCUCTS - CCMPrCR AGG -2 r Ci ;' U , U !C C 0-HER/ AUTOMOBILE LIABILITY ( I I COMBINED SINGLE LIMIT IS !Ea acaden;} 5 = ( 0 C ;-' r 02 ( SOCILY INJURY IPs, :e,s ) is { ANY AUTO I JURY(Per acdaenr) " ! i OWNED SCHEDULED AUTOS ONLY AUTOS y HIRED NON -OWNED AUTOS ONLY AUTOS ONLY - SnM T�_17AC -' __, 22I.21' _-,`22/20_7 PROPER— DAFIAGE Per acadent) UMBRELLA LIAB CCCUR ! EACH OCCURRENC'c a AGGREGATE EXCESS LIAB CLAIMS MACE Ln �E� RE7£NTI6N 5 Ar PER OT �'OR%F.RS COMPE�SS.dTIDN AND E.MPLOYP.RS' U'ABLLITY ANY PROPRIETOR/PARTNERI YECUTIVE YIN p ; ij g j i, STA�� ER _.L. EACH ACCIDENT - EXCLUCED? (Mandarory in NH)F17 ,y,a f3y; ). EL E (y11 E =.L. DISEASE- _i EUPLGYEE '. '_. DISEASE - aOL'CY LiM(T s If yes, descibe uncer DESCRIPTION OF OPERATIONS below I CM ATTORNEY � I a. I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additio¢a1 Rerearics Schedule, may be attached if more space is required) dose i-isual to the _nsured's Opera-=or_s. I CERTIFICATE HOLDER I , _TY Cr HUNT_-NGT0N a CH j 2000 �ILA1 ST JN"_'I1iG`P011i SE�C , 921648 LMItl4 -r -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2015 A( ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD TION. All rights reserved. POLICY NUMBER: 30 SBM IG1740 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR CODDING ENTERPRISES, AND CODDINGTOWN MALL LLC, ITS MANAGING AGENT, SIMON PROPERTY GROUP, INC. AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, PARENTS, SUBSIDIARIES, RELATED AND AFFILIATED ENTITIES, AGENTS, SERVANTS, AND EMPLOYEES CODDING CONSTRUCTION CO PO BOX 3550 ROHNERT PARK, CA 94927 LOC 001 BLDG 001 CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS OFFICERS EMPLOYEES AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 10/10/17 Expiration Date: 10/22/18 GEIC® GEICO GENERAL INSURANCE COMPANY Washington DC VERIFICATION OF COVERAGE (SEE BELOW UNDER CAUTIONARY NOTE) INSURED Policy Number: 4045039403 Effective Date: 08-13 -17 MARTIN THOMAS WEBB Expiration Date: 0 2 - 13 - 18 LIZELLE ANNE CLINE Registered State: CALIFORNIA 913 KEY ROUTE BLVD ALBANY —CA 94706-2121 To whom it may concern: This letter is to verify that we have issued the policyholder coverage under the above policy number for the dates indicated in the effec- tive and expiration date fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. This verification of coverage does not amend, extend or alter the coverage afforded by this policy. Vehicle Year: 1994 Make: FORD Model: RANGER VIN: 1FTCR14U4RPB85454 COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY UNINSURED &UNDERINSURED MOTORISTS UNINSURED MOTORIST PROPERTY DAMAGE Lienholder Additional Information: Additional Insured LIMITS $1MIL/$1MIL $50,000 $30,000/$60,000 $3,500 If you have any additional questions, please call 1-800-841-3000. Interested Party DEDUCTIBLES NON-DED CAUTIONARY"NOTE: THE CURRENT COVERAGES, LIMITS, AND DEDUCTIBLES MAYDIFFER FROM THE COVERAGES, LIMITS, AND DEDUCTIBLES IN EFFECT AT OTHER TRVIES DURING THE POLICYPERIOD. THIS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES, LL'v]ITS AND DEDUCTIBLES AS OF THE ISSUED DATE OF THIS DOCUMENT AVHICTI IS SHOWN UNDER ".ADDITIONAL INFORMATION" OR IF AN ISSUED DATE IS NOT SHOWN, THE DATE OF THIS FACSIMILE. U-33 10-07 i I P"esoij,don �,Io, 2008-63 OF HAUNTINGTON BEACH 'n Street Hi ntington Bea-h, '2648-2-7 22000 Pvlal V =�in wh De -Employer Status claration of Non The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and r.-turning, to- 0 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company / Organization: 0 An� 1PJ W P�n 45-,- Address: 61 � 0�, �� 1< 12LD L77,�E_ Ck -1 "-`4 Applicant [please print]: Title, if any: ? C2_' 0 e (2- � �-W Applicant's Signature: Date Signed: t 0 --cI — t � Telephone Number: � 0 - (b -6 � --It4 CA ATTACHMENT #7 City of Huntingtonea 2000 Main Street # Huntington Beach, CA 92648 (714) 536-5227. ® www.huntingtonbeachea.gov Office of tlp City Clerk Robin Estanislau, City Clerk November 9, 2017 Martin Webb 913 Key Route Blvd. Albany, CA 94706 Dear Mr. Webb: Enclosed is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Martin Webb for the Design, Fabrication and Installation of a Public Art work for the Senior Center in the Park." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand