Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RDG Planning & Design Art Studio - 2020-12-07
2000 Main Street, r o s°""°� ¢�� . Huntington Beach, CA t4 1"4 ��„t 92648 City of Huntington Beach A ova s-o-Z �r�w� nvo 8u NS- � P/2 s&ivr)A-S f1111EWW7a ayy,s-uPPLE- ENTAL COW-WA !C Gv File #: 23-097 MEETING DATE: 2/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Chris Slama, Director of Community & Library Services PREPARED BY: Ashley Wysocki, Deputy Director of Community & Library Services Subject: Approve and authorize Amendment No. 1 to the Professional Services Contract with RDG Planning & Design Art Studio for the Design, Fabrication and Installation of the Public Art Work to include a phased acceptance of liability, to increase the contract compensation by $35,000, and to appropriate $35,000 from the Public Arts in Parks Fund 236 Statement of Issue: There is a need to amend the City Council approved Professional Services Contact with RDG Planning & Design Art Studio (RDG) for the Design, Fabrication and Installation of a Public Art Work for Central Park to approve a phased acceptance of liability of the structures during the installation process of the "To See Yourself in Nature" public art piece, to increase the contract compensation by a not-to-exceed amount of $35,000, and to appropriate $35,000 of restricted funds from the Public Art in Parks Fund 236. Financial Impact: Funding in the amount of$35,000 is available in the Public Art in Parks Fund 236 fund. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Central Park" to approve a phased acceptance of liability of the structures during the installation process and to increase the contract compensation by a not-to- exceed amount of $35,000; and, B) Authorize the appropriation of $35,000 from the Public Art in Parks Fund 236 to account 23645001.82900. Alternative Action(s): City of Huntington Beach Page 1 of 3 Printed on 2/1/2023 powere770 LegistarTM File #: 23-097 MEETING DATE: 2/7/2023 Do not approve the recommended actions and direct staff accordingly. If not approved, there will be further delays in the completion of the project while staff continue to seek solutions to ensure Americans with Disabilities Act compliance. Analysis: In the fall of 2019, staff conducted an online survey to garner community feedback regarding public art in Huntington Beach. The survey results showed a significant amount of feedback expressing the desire for public art in parks, and specifically, in Huntington Central Park. At the September 21, 2020 City Council meeting, Council authorized Mayor Lyn Semeta to appoint an ad-hoc committee to assist in the procurement of an artist to develop and install an iconic public art piece in Huntington Central Park. The Huntington Central Public Art Committee (Committee) was established to help develop a scope of services for a Request for Proposals (RFP), review the proposals, and recommend to the City Council the final artist selection. The Committee was subsequently formed, comprised of two City Council members, three community members, and two staff. During the RFP submission period, eleven artists responded. The proposals were reviewed by the Committee, and the top five ranking artists were invited to participate in interviews. After interviewing all five top candidates, the Committee unanimously agreed to recommend RDG Planning & Design Art Studio (RDG) as the most qualified artist to commission the artwork for the public art project in Huntington Central Park. At the December 7, 2020 City Council meeting, City Council unanimously approved a Professional Services Contract between the City of Huntington Beach and RDG for the Design, Fabrication and Installation of a Public Art Work for Central Park, and authorized the appropriation of$300,000 from the Public Art in Parks Fund 236. As described in the RFP, the iconic public artwork will be original, community and artist generated, and will have to harmonize with and respect the integrity of the unique architecture of the Central Library and natural aesthetic of Huntington Central Park. At the July 6, 2021 City Council meeting, City Council unanimously approved the site location and design of the artwork, as recommended by the Design Review Board on June 10, 2021. The approved artwork, titled "To See Yourself in Nature," is comprised of two 13-foot tall pillars situated in a serpentine configuration. A rendering of the art is included in the PowerPoint included as Attachment 3. The original design that was approved included a base of decomposed granite (DG) which was part of the project original cost. However, after further review, staff determined that the base surface could not be constructed with DG, and should instead be asphalt. Because of this subsequent determination, the City asked RDG to redesign the base. As a result of the change in scope, RDG estimates additional costs of$29,246 for the new design, fabrication and installation of protective metal framing around the base of the art. The City will be responsible for the application of the asphalt surface once the metal framing is installed. Staff is recommending a not-to-exceed amount of City of Huntington Beach Page 2 of 3 Printed on 2/1/2023 powered LegistarT'' File #: 23-097 MEETING DATE: 2/7/2023 $35,000 total to cover any potential contingency costs. Because the original agreement approved by City Council authorized a not-to-exceed amount of $300,000, staff is requesting approval of an amendment to the original agreement in order to complete the project. Funding in the amount of$35,000 is available in the Public Art in Parks Fund 236. This fund is comprised of 2% of residential park development fees collected from new development and is specifically restricted for the development of public art projects in parks. This restriction was included as part of the adoption of Ordinance No. 3946 in July 2012 and is included in HBMC 17.76.090.A.2 stating, "Two percent of fee collected shall be used to fund public art in City parks." Upon approval of this amendment, RDG will begin to fabricate the metal frames necessary to encase the base of the pillars prior to installation of asphalt surfacing. While there have been some delays throughout the project due to COVID-19 related challenges, the fabrication of the two pillars is complete, as well as associated infrastructure for utilities. The contract amendment includes that the City will accept liability for any damage to the pillars as soon as installed. Any responsibility for damage caused to the pillars (including any damage caused by the installation of the asphalt base) between the time the pillars are installed and final acceptance of the project is with the City. Staff estimates the completion of installation to be in the spring of 2023. Environmental Status: The art piece is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA guidelines because there is no potential for the art piece to have a significant effect on the environment. Strategic Plan Goal: Community Engagement Attachment(s): 1) Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Huntington Central Park 2) Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Huntington Central Park 3) Huntington Central Park Public Art Contract Amendment PowerPoint City of Huntington Beach Page 3 of 3 Printed on 2/1/2023 powereZeolj LegistarT'r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION COMMUNITY & LIBRARY SERVICES HUNTINGTON BEACH DEPARTMENT TO: Honorable Mayor and City Council Members VIA: Al Zelinka, City Manager FROM: Chris Slama, Director of Community & Library Services DATE: February 2, 2023 SUBJECT: SUPPLEMENTAL COMMUNICATION REGARDING ITEM #25 APPROVE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG PLANNING & DESIGN, INC. (FORMERLY KNOWN AS RDG IA INC., DBA RDG ART STUDIO) FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL PARK Attached is the signed Agreement for the above noted RCA. Changes to posted Agreement are as follows: 1. Item 1. — Name Change: Owner name of RDG IA, Inc. dba RDG Art Studio is changed to: RDG Planning & Design, Inc. 2. Item 4 — Hold Harmless: added "surface material" to last sentence. Any damage to the Sculptures from positioning (including damages caused by the company installing the base surface material) remains the responsibility of the City. SUPPLEMENTAL COMMUNICATION Meeting Date: cpAb®93 Agenda Item No.; t25-(013-0 9?) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG PLANNING & DESIGN, INC. (FORMERLY KNOWN AS RDG IA Inc., dba RDG ART STUDIO) FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL PARK THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and RDG PLANNING & DESIGN, INC. (FORMERLY KNOWN AS RDG IA Inc., dba RDG ART STUDIO), hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 8, 2020, entitled "Professional Services Contract Between the City of Huntington Beach and RDG Art Studio for The Design, Fabrication and Installation of a Public Art Work for Central Park" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to change the company name to RDG Planning & Design, Inc. City and Consultant further wish to amend the Original Agreement to amended the Scope of Service, increase the amount of compensation to be paid to Consultant, and add additional Hold Harmless language. NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. NAME CHANGE Owner name of RDG IA, INC. dba RDG ART STUDIO is changed to: RDG PLANNING & DESIGN, INC. 23-12403/301413 1 2. SCOPE OF SERVICE Section 1 entitled SCOPE OF SERVICE of"Original Agreement" is hereby amended to include Sculpture Edging Design, Fabrication and installation. 3. ADDITIONAL COMPENSATION Section 4 entitled COMPENSATION of the "Original Agreement" is hereby amended as follows: In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Thirty Five Thousand Dollars ($35,000.00). The additional sum shall be added to the original sum of Three Hundred Thousand Dollars ($300,000.00), for a new contract amount not to exceed Three Hundred Thirty Five Thousand Dollars ($335,000.00). 4. HOLD HARMLESS Section 8 entitled HOLD HARMLESS of the "Original Agreement" is hereby amended to include the following language: "The City of Huntington Beach, California will accept liability of both public art sculptures ("Sculptures") when they are positioned, and are securely fastened to the footing. Any damage to the Sculptures from positioning (including damages caused by the company installing the base surface material) remains the responsibility of the City. 5. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 23-12403/301413 2 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on February 7 ,2023. CONSULTANT, CITY OF HUNTINGTON BEACH, a RDG PLANNING &DESIGN, INC. municipal corporation of the State of California 4.1 t„O&l..ND By. AT/II • Ma 9,67614,40 Jack D. P: .a print name I' S: (circl one) City Clerk 42.2123 . Principal,and Director AND INITIATED A D APPROVED: By: G.W.Justin Pla s Director of Community & Library Services print name ITS: (circle one) Secretary-Treasurer Principal, and Director REVI.WED D APP •VED: City \:nage? APPROVED AS 0 FORM: City Attorney � 23-12403/301413 3 0//��NTI..GT�� �4 ........... ..<2-; City of Huntington Beach .37 U 2000 Main Street ♦ Huntington Beach, CA 92648 1 (714) 536-5227 • www.huntingtonbeachca.gov oFCpUNTY'O`-ti/ Office of the City Clerk � Robin Estanislau, City Clerk February 22, 2023 RDG Planning & Design, Inc. 301 Grand Ave. Des Moines, IA 50309-1718 To Whom It May Concern: Enclosed is a fully executed copy of Amendment No. 1 to Agreement between the City of Huntington Beach and RDG Planning & Design, Inc. (Formerly Known as RDG IA., dba RDG Art Studio) for the Design, Fabrication and Installation of a Public Art Work for Central Park, approved by City Council on February 7, 2023. Sincerely, 4204-01, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG ART STUDIO FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL PARK THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and RDG IA Inc., dba RDG ART STUDIO, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 8, 2020, entitled "Professional Services Contract Between the City of Huntington Beach and RDG Art Studio for The Design, Fabrication and Installation of a Public Art Work for Central Park";which agreement shall hereinafter be referred to as the "Original Agreement"; and mr City and Consultant/wish to amend the Original Agreement to amended the Scope of Service, increase the/mount of compensation to be paid to Consultant, and add / / additional Hold FIarriless language. NOW, TIEREFORE, it is agreed by City and Consultant as follows: 1. /SCOPE OF SERVICE / Se,Oion 1 entitled SCOPE OF SERVICE of"Original Agreement" is hereby amend d to include Sculpture Edging Design, Fabrication and installation. P // 2. ADDITIONAL COMPENSATION Section 4 entitled COMPENSATION of the "Original Agreement" is hereby amended as follows: 23-12403/301413 1 782 In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Thirty Five Thousand Dollars ($35,000.00). The additional sum shall be added to the original sum of Three Hundred Thousand Dollars ($300,000.00), for a new contract amount not to exceed Three Hundred Thirty Five Thousand Dollars ($335,000.00). 3. HOLD HARMLESS Section 8 entitled HOLD HARMLESS of the "Original Agreement" is hereby amended to include the following language: "The City of Huntington Beach, California will accept liability of both public art sculptures ("Sculptures") when they are positioned, and are securely fastened to the footing. Any damage to the Sculptures from positioning until City final acceptance (including damages caused by the company installing the base)remains the responsibility of the City. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 23-12403/301413 2 783 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2022. CONSULTANT, CITY OF HUNTINGTON BEACH, a RDG IA Inc d/b/a RDG Planning & Design municipal corporation of the State of Art Studio California COMPANY NAME a Corporation Mayor By: City Clerk print name ITS: (circle one)Chairman/PresidentNice President INITIATED AND APPROVED: AND Director of Community Services By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. REVIEWED AND APPROVED: Secretary-Treasurer City Manager APPROVED AS TO FORM: City Attorney 23-12403/301413 3 784 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG ART STUDIO FOR THE DESIGN,FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL 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 RDG IA Inc d/b/a RDG ART STUDIO, a CORPORATION hereinafter referred to as "CONSULTANT." • WHEREAS, CITY desires to engage the services of a consultant to design, fabricate and • install a public art work in Central 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 CONSULTANT has been selected to perform these services, NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Matt Niebuhr as representative of RDG IA Inc d/b/a RDG Planning&Design Art Studio who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional eves mayor 1 of 11 20-9203/240845 785 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM;TIME OF PERFORMANCE The services of CONSULTANT are to commence on December 8, 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. The time for { performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 CONSULTANT on fixed fee basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thousand Dollars($300,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT 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. agree/surfnet/professional svcs mayor 2 of 11 20-9203/240845 786 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit"B." 7, WARRANTIES A. Warranties of title CONSULTANT represents and warrants that the Artwork to be created: (a) is solely the result of the Artistic effort of CONSULTANT; (b) is unique and 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 part of a series it may be used by CONSULTANT in the future, but not the installed piece, which is unique to the Contract. B. Warranties of Quality and Condition CONSULTANT represents and warrants that: (a)the execution and fabrication of the Artwork will be performed in a manner consistent with other artists practicing in the same or similar locality under the same or similar conditions; (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 CONSULTANT to CITY. The warranties described in this Section shall survive for a period of one (1) year after the final acceptance of the Artwork, with periodic required maintenance, by CITY, according to directions provided by CONSULTANT. CITY shall give written notice to CONSULTANT of any breach of CONSULTANT's warranty within ninety(90) days of the breach during the one (1) year period after final acceptance of the Artwork. CONSULTANT shall, at the request of the agree/surfnet/professional svcs mayor 3 of 11 20-9203/240845 787 CITY,and at no cost to CITY,reasonably and promptly cure the breach of any such warranty which is repairable by CONSULTANT 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.) 8. HOLD HARMLESS The CONSULTANT agrees,to the fullest extent permitted by law,to indemnify and hold harmless the CITY, its officers, directors and employees (collectively, CITY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CONSULTANT's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the CONSULTANT is legally liable. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees and subconsultants (collectively, CONSULTANT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CITY's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the CITY is legally liable. Neither the CITY nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance agree!surthet/protessional secs mayor 4 of 11 20A203I240845 788 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with this Agreement. • If CONSULTANT fails or refuses to maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election,to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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 agree/surfnet/professional svcs mayor 5 of 11 20.9203/240845 789 C. shall promise that such policy shall 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. CONSULTANT 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 coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT 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. CONSULTANT 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 CONSULTANT 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. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete upon not less than seven days' written notice. Any termination of this Agreement by CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. The CITY shall compensate the CONSULTANT for agree/surfnm/professional sues mayor 6 of 11 20.9203/240845 790 services provided prior to termination and costs attributable to termination, including the costs attributable to the CONSULTANT's termination of consultant agreements. { If the CITY fails to make payments to the CONSULTANT in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this agreement. The CONSULTANT shall give seven days' written notice to the CITY before suspending services. In the event of a suspension of services, the CONSULTANT shall have no liability to the CITY for delay or damaged caused the CITY because of such suspension of services. Before resuming services, the CITY shall pay the CONSULTANT all sums due prior to suspension and any expenses incurred in the interruption and resumption of the CONSULTANT's services. The fees for remaining services and the time schedules shall be equitably adjusted. If the CITY suspends the Project, the CONSULTANT shall be compensated for services performed prior to notice of such suspension. When Project is resumed, the CONSULTANT shall be compensated for expenses incurred in the interruption and resumption of the CONSULTANT's services. The fees for remaining services and the time schedules shall be equitably adjusted. Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 13. ASSIGNMENT AND DELEGATION The work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT 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 agree/surfnet/professional svcs mayor 7 of 11 20-9203/240845 791 subconsultants must satisfy the insurance requirements as set forth in Sections 10 and 11 hereinabove or the comparable General Liability Insurance. 14. COPYRIGHTS/REPRODUCTION RIGHTS A. General CITY shall own and possess the Artwork. CONSULTANT 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 as such rights are limited by this Contract. Because its final form is unique, CONSULTANT shall not make 3-dimensional replication of the final Artwork,nor shall CONSULTANT grant permission to others to do so except with the written permission of CITY. CONSULTANT 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. Consultant Credit All reproductions by CITY shall credit CONSULTANT and include a copyright notice substantially in the following form: "® [CONSULTANT's name], installation date, date of publication. C. Consultant Reproduction Credit CONSULTANT is hereby granted permission by CITY to reproduce the Artwork in a limited edition, CONSULTANT agrees to include on or in any form of reproduction for the Artwork initiated or authorized by CONSULTANT to credit to CITY. agree/surfnet/professional svos mayor 8 of 11 20-9203/240845 792 15. CONSULTANT'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 CONSULTANT'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. During CONSULTANT's Warranty period,CONSULTANT shall have the right to approve all repairs and restorations,provided, however, that CONSULTANT shall not unreasonably withhold approval for any repair or restoration of the Artwork. If CONSULTANT unreasonably fails to approve any repair and restoration, CITY shall have the right to make such repair or restoration. To the extent practicable,CONSULTANT, during the lifetime of the Artwork, 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 CONSULTANT shall agree in writing, prior to the commencement of significant repairs or restoration,upon CONSULTANT's fee for such services. agree/surfnedprofessional secs mayor 9 of 11 20-9203/240845 793 2. All repairs and restoration occurring one(1)year 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 Artwork. 3. De-accessioning of Artwork will occur if one or more of the following conditions exist during the life of the Artwork: I) The Artwork is damaged where repair is impractical or costs exceed the value of the Artwork; II)The Artwork has faults that require repeated and excessive maintenance; III) The Artwork endangers public safety; and/or IV) City Council votes to de-accessioning the Artwork in accordance with all laws. The Visual Artists Rights Act (VARA) provisions regarding CITY's notification of CONSULTANT 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. CONSULTANT shall have first right of refusal to accept the Artwork back. If accepted, CONSULTANT must make arrangements at CONSULTANT'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 CONSULTANT'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 CONSULTANT's Artwork. Permission or approval of CONSULTANT is not required in these instances. However,it is understood that removal of the Artwork will be after all other options have been exhausted. P. CITY is responsible for adherence to the requirements of VARA. agree!surfnet/professional svcs mayor 10 of 11 20.9203/240845 794 G. The CITY shall not make any alterations to the Artwork without prior consent and approval of the CONSULTANT. 16. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 17, NOTICES Any notices,certificates,or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent(as designated in Section 1 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 CONSULTANT may designate different addresses to which subsequent notices, certificates or 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 CONSULTANT: City of Huntington Beach RDG Planning&Design Art Studio ATTN: Ashley Wysocki 301 Grand Ave 2000 Main Street Des Moines,IA 50309-1718 Huntington Beach,CA 92648 515-284-1675 ashley.wysocki@surfcity-hb.org mniebuhr@rdgusa.com Notices shall also be sent via email to the parties to avoid any delay in communication. 18. CONSENT 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. agree/surfncUprofessional svcs mayor 11 of 11 20-9203/240845 795 19. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. { 20. 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. 21. 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 arbitrator 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. agree/surfnet/professional svcs mayor 12 of 11 20-9203/240845 796 22. 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. 23. IMMIGRATION { CONSULTANT 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. 24. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT 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 { CONSULTANT. 25. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or 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. 26. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. agree/surfnet/professional sves mayor 13 of 11 20-9203/240845 797 27. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of'California. 28. 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 the other party fully for any injuries or damages in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 29. 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 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, agree/surfnet/professional secs mayor 14 of 11 20-9203/240845 [ 798 30. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. 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 officers. CONSULTANT, CITY OF HUNTINGTON BEACH,a RDG IA Inc d/b/a RDG Planning&Design municipal corporation of the State of Art Studio California COMPANY NAME - a Corporation ;(7, 0 e612244.10-14) By: i(444 '" City Clerk e Nat+ ' print name ITS: (circle one)Chairm reside Nice President INITIATED A APPROVED: By. —..� . Director of Community Services t)• I . (circle on. Secretary f Financial Officer/Asst. WED A APPROVED: Secretary-Treasurer City Manager APPROVED AS TO FORM: 5.1 City Attom agree/surthet/professionat secs mayor 15 of 11 20-9203/240845 799 EXHIBIT"A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. The CITY seeks to commission artwork for a location at the City's historic Huntington Central Park,adjacent to the Central Library(7111 Talbert Ave.,Huntington Beach, CA 92648). The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should:create excitement and interest within the community; celebrate the natural aesthetic of Huntington Central Park;and harmonize with the distinctive architecture of the Central Library. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CONSULTANT shall perform all services and furnish all supplies,materials and equipment as necessary for the fabrication and installation of the Artwork,including but not limited to: shop and as-built drawings, engineering calculations,permits,technical inspections,taxes, insurance,materials,labor,tools equipment,subcontractors,transportation and shipping,and all other items incidental to producing a complete and acceptable Artwork. 2. CONSULTANT will present to the Project Coordination Committee,written requests for any significant changes to the scope,design,color, size,material or texture of the artwork not substantially conforming with approved Artwork design. A significant change is one that affects design,installation,scheduling,site preparation or maintenance of Artwork, or concept of artwork as represented in approved designs. 3. CONSULTANT is responsible to store finished Artwork at CONSULTANT's own expense until the CITY is ready for the Artwork to be installed. Installation shall not be reasonably delayed by the CITY, so that CONSULTANT will not be required to store the Artwork for an unreasonable period. EXHIBIT A 800 4. The CONSULTANT will be responsible for the installation of the Artwork as indicated in the construction drawings and specifications. 5. CONSULTANT will review and provide comments on draft text and images of the Artwork and/or the project for the CITY's website and any print materials,such as postcards or brochures. 6. CONSULTANT will provide and install,as part of the Artwork budget, a plaque near the Artwork. 6. CONSULTANT will make every effort to attend dedication events for the Artwork and/or the project. 7. Specific tasks and deliverables related to CONSULTANT duties and responsibilities to be developed and agreed upon by CONSULTANT and CITY. C. CITY'S DUTIES AND RESPONSIBILITIES: I. CITY will set and coordinate meetings between CONSULTANT,members of the committee,City Departments,and community groups,as needed to complete this scope of work. 2. CITY will review the designs,drawings,specifications, and if necessary,engineering calculations,submitted by the CONSULTANT to ensure conformance with applicable codes, regulations and other requirements. CITY retains the right,but not the obligation,to conduct any such review,which is intended for the sole purpose of protecting the CITY's interests,only. CONSULTANT acknowledges that CITY's review does not confirm or warrant that conditions are safe or that CONSULTANT'S work complies with regulatory requirements. 3. CITY shall provide a final proof of the Artwork plaque to the CONSULTANT. 4. CITY will make every effort to inform the CONSULTANT of dedication events for the Artwork and/or the project. EXHIBIT A 801 5. CITY will coordinate inquiries from the media regarding the Artwork,especially in association with the dedication event. 6. CITY will provide the CONSULTANT with Geotechnical Reports of the site. 7. CITY will provide power to the site. D. WORK PROGRAM/PROJECT SCHEDULE: 1. The work program/project schedule will be developed and agreed upon by the CONSULTANT and CITY. E. RFP: ,/ 11 ( REQUEST FOR PROPOSAL FOR PUBLIC ART PROJECT—CALL FOR ARTISTS Huntington Central Park EXHIBIT A 802 Community Services Department CITY OF HUNTINGTON BEACH Released on October 19,2020 City of Huntington Beach Public Art Request for Proposal Release date: October 19, 2020 Project intent The City of Huntington Beach Community Services Department seeks to commission artwork for a location at the City's historic Huntington Central Park,adjacent to the Central Library(7111 Talbert Ave.,Huntington Beach,CA 92648).The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should: Create excitement and interest within the community Celebrate the natural aesthetic of Huntington Central Park Harmonize with the distinctive architecture of the Central Library EXHIBIT A 803 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 surrounding recreational activity and aesthetic 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,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$300,000. 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 identified as an area behind the Central Library (7111 Talbert Ave.,Huntington Beach, CA 92648)adjacent to a large water fountain. The fountain is currently in disrepair and the City is in the designing stage of restoration. The installation of the public art work(s)will be placed in an area that can enhance the Park,the Library and the water fountain. The artist will be responsible for providing the art piece(s)as well as all necessary footings.All costs for installation,including architectural details,landscape adjustments, accessibility 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 EXHIBIT A 804 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. Please review Exhibit A to view photos and link to drone footage of the proposed geographical area. Timeline October 28,2020—Deadline for Questions,posted to Planet Bid November 2,2020—Responses to Questions posted to Planet Bid November 13,2020-Deadline for RFP materials,must be received by 5:00pm. November 16-20,2020-Review submissions Week of December 1,2020-Artist Interviews December 11,2020—Final selection of artist Remaining project timeline to be determined,with a project completion date of June 30,2021 The City reserves the right to change the project timeline Application Artists interested in this project must prepare and submit the following: Letter of Interest: The letter should be no more than one page in length and should explain the artist's interest in the project. 44 Current résumé. If submitting as a team,a current résumé should be submitted for each team member. 4.Fifteen images of the artist's work in jpg format and artists URL if available. Images may be included on a flash drive. Images must be labeled. References: A list of at least three professional references that have an intimate knowledge of the artist's work and working methods. The list must include complete addresses and telephone numbers. 4,SASE for return of materials if submitting hard copies,otherwise electronic applications will be accepted. EXHIBIT A 805 4.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 November 13, 2020 at 5:00pm Respondents are required to submit one(1) electronic version via PlanetBids OR a paper proposal mailed,delivered by hand or couriered to following address by Friday,November 12, 2020 at 5:00pm: City of Huntington Beach Purchasing Department— 2000 Main Street Huntington Beach, Ca 92648 Or by e-mail to Jennifer.Anderson(aisurfcltvhb.org History and Background Formally established in 1974, Huntington Central Park is the largest City-owned park in Orange County covering over 350 acres of land. The peaceful setting is located on open grass fields with extensive tree and flower plantings. The area is used for a variety of activities such as picnics, biking, and strolling along paved paths. There are four playgrounds, a nature center, lakes, equestrian trails and other amenities. The new Senior Center in the Park and the Central Library are located within Huntington Central Park. The Central Library features an open and light filled floor plan, spacious reading decks, a public computer lab and indoor fountains including a spiral ramp water feature. The building was designed by the architectural firm of Richard and Dion Neutra, and completed by Dion Neutra after his father's death. The modernist facility opened in 1975 and was expanded by Huntington Beach architects Anthony and Langford in 1994. The size of the Library is 115,000 square ft. The proposed site for the new public art piece(s)is behind the Library. The area consists of a grassy hill that overlooks the larger expanse of the park, with potential connectivity points to flat grass patches and pathways. Another adjacent amenity is an area identified as the Secret Garden, replete with a variety of florals,trees,and massive numbers of butterflies. 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 EXHIBIT A 806 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. In 2019,the city established a task force to address the need for a public art masterplan.During the project a survey of the community was conducted that demonstrated a desire on the part of local citizens to have functional art(benches,etc.),interactive art,free standing sculptures,statues and/or monuments in Huntington Central Park.This project seeks to accomplish that objective. On September 21,2020,the City Council approved the Mayor to authorize the release of a Request for Proposals and the formation of an Ad Hoc Review Committee for the Commissioning of a Public Art Element in Huntington Central Park. 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 Jennifer Anderson by email: Jennifer.anderson@surfcity-hb.org. Exhibit A Geographical Photos of Proposed Area—7111 Talbert Ave.,Huntington Beach,CA 92648 EXHIBIT A 807 1 ,ri, ',, a /* d� T. 0 IEt) 1 '''' "'-',7 • CL _,....) ! i .- ..., ,. . Itii IP till 13) fD nakappDJ . 4 e ? I le R , I.5 n, , EXHIBIT A 808 1 ll�d,lGt (1''���tt++,+ • { , EXHIBIT A 809 T ,a ti�' I ala + 1 F M 111111 l 1 1 • :4A. "'444v p `, , r Y4. { irl , h ��1 1� liodj d.:,1,104, Il it 41.�1` ',',1 "i :.,�' g- 1�( T '1 ��� illy lI1,=,,i. '1'', 1,11111�''' ''�'I'' i !' ,, lir Iiiiiii isiit. , .,II:y..,. .. ,......„....„ .. .,,,,,:,.., ,41. : i!,-.! 1 1.,4 loin 1 ,.. .:,,,,..,.., ....„ ... ,......i....,..,,. ...,,.. 7 . .. ,,,. , ,o. . 1 •!it 1 I 1 EXHIBIT A 810 • ., A ' . '••,,,, 4,1 s $,. #) Ail! • WI , { -'''' • # •• ,, •A 4m • #41" . • • _, . -. - . . , . .• Pr , 2 Y4' ' .24 4 4.- 4 . , 4 V ' , ., ,I ' 2 r igi.„ R4? • . ..,"•,' 4 t ' 4 ' ' t ' • . , % 1 i „ 1 I i''',:4 I 'dr, •,,,,,-,I.,` ..„„, . ' ',W 4,40 f t'''' 4 ° , , ...,,I.. ... t.' U 2'4,4''I' Yi4 *4•4'`S a‘‘1,:itaiiTIV:*./144`;17.,: ?1 o',,t,/I 1••tti.,...`t - , -' 'IV V% A'"4,4 224 4..',.2,-,..,+. isli.bt,N'' .. • If,?'IA , , .... -,, EXHIBIT A 811 f t t �. '`,1D "fir't .• 't tzi r a Y lit. irp; •`'- i� ��4.may`} 9t1�r. • ' t " '1 r+,�( "`^ t ' h ' rye ''�,, TI.{�-'4 • ,', A. ,ti t; .�' • t .� fit• •,. +:,Y. •i •.1 ` �. _- w ' E • '`" "" -.,.«r" arm +'.r . " t 'Sit'P ,' t. " ( 1 ..+. 4s�d ' ��, I+ ;, ilY } . A ! t x • } r Ada= �$r A' r t' t��u �f• rw� � ( I %._ xy�tJ� i ON pit". 4.: • »... „»,«-w.... • "_ .,.••- _ ^' _ 4 'ems .fig yr �.. �m MAN- '...+1w• NOW .. m. EXHIBIT A 812 • • • 1 111 I r Pmcc 1111,11 t, 7 • • s EXHIBIT A 813 EXHIBIT"B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. a. 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)) b. 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) c. Invoice #3 for 10% of total cost -Payment made after Design Review Board (DRB)presentation and approvals d. Invoice #4 for 25% of total cost -Payment made after City receives Stamped Engineered plans and specifications with all necessary approvals e. Invoice #5 for 25% of total cost - Payment made after fabrication of all pieces are completed, with photo-documentation of progress f. Invoice #6 for 10% of total cost - Payment made after City has received all pieces for installation g. Invoice #7 for 10% of total cost - Payment made after all elements are installed with all appropriate sign-offs 2. Delivery of work product: A progress report shall be submitted on an mutually agreed upon schedule to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due;and D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement. 814 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing within seven (7) days of the reasons for non- approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance,or until this Agreement has expired or is terminated as provided herein. The CITY shall not withhold amounts from the CONSULTANT's compensation to impose a penalty on the CONSULTANT,or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the CONSULTANT agrees or has been found liable for the amounts in a binding dispute resolution proceeding. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 815 1 , 12/15/2020 Act,REP CERTIFICATE OF LIABILITY INSURANCE ‘.....r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. If IMPORTANT: UBROGATION IScertificate holder is an WAVED,subject to thetermsONAL and conditions of t,the he 1policy,certain es)must have policl sRmaylrequireAL San en provisions or be endorsed. dorsement,nt, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 CT NAMES Paula Dixon Holmes Murphy & Assoc - CR PHONE 800-527-9049 I AX,No): EMAIL .M IL Exq II 201 First Street SE, Suite 700 ADDRESS: INSURER(8)AFFORDING COVERAGE NAIL S Ceder RapidA, TA 52401 INSURER A: XL SPECIALTY INS CO 37885 INSURED INSURER B: RDO Planning & Design INSURER C: INSURER 0: 301 Grand Avenue INSURER E Des Moines, TA 50309 INSURER F: COVERAGES CERTIFICATE NUMBER:60881416 REVISION NUMBER: THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ITHIS IS TO ND CATED.CNOTWITH NOTWITHSTANDING ANY IFY THAT THE IREQUIREMENT,TERM OR CONDITION OFES OF INSURNCE LISTED BELOW HAVE BANY CONTRACTEEN ISSUED OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADM SUER POLICY EFF POLICY EXP LIMITS ILTR TYPE OF INSURANCE INaO WVD POLICY NUMBER IMMIDOIYYYY) MIMEXHYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -DAMAGE TO RENTED I CLAIMB•MAOE y I OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ — PERSONAL&AOV INJURY $ GENERAL AGGREGATE $ GEMAGGREGATE LIMIT APPLIES PER: 1 POLICY ri JEC 1 'LOC PRODUCTS•COMP/OP AGO S $ OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY CO aBINED $ — BODILY INJURY(Per person) $ ANY AUTO OWNED —SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE S • HIRED NON•OWNED (Per soddentl AUTOS ONLY _AUTOS ONLY S APPROVED AS TO F1"RM UMBRELLA LIAR OCCUR ,, // ,/(////�a�/•.• EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE 3y: -'r "_d ! s,L,'� AGGREGATE S MICHAEL E.t3ATES i S O£D 11 RETENTIONS CITY ATTORNEY l PER i I OTH• • WORKERSDEMPL COMPENSATIONILIABILITY CITY OF HUNTINGTON BEACH STATUTE ER AND EMPLOYERS'ARTILITY YIN E.L.EACH ACCIDENT S OFFICERIMANYPROPRIETOIUPARTNERIEXECUTVE NIA (Mandatory In EREXCLUDE07 E.L.DISEASE•EA EMPLOYEE S (Mandatory In NH) Eyes.describe under E.L.DISEASE•POLICY LIMIT $ DESCRIPTION OFOPERAabilityIONS DPR9965390 A Professional Liability 09/01/20 09/01/21 Per Claim 3,000,000 Annual Aggregate 5,000,000 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) R3004.462.00 - Huntington Beach, CA - Central Park A 30 day notice of cancellation or non-renewal is included on the policy noted above per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach, CA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZEDREPREBENTATWE Huntington Beach, CA 92640 ktili 4/1/I07 DBA t I 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD rjueter 60881416 816 t• I DATE PM/0 M(YY) �''RO® CERTIFICATE OF LIABILITY INSURANCE 12I16I2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N PHONE Cr Stacy Ferguson LMC Insurance&Risk Management,Inc, / C.No.Eaq;615 568-0744 i c,No:516-244-9536 4200 University Ave.,Suite 200 Eo EMAIL ADDRESS: atacy,ierAuson(�Imclna.cam West Des Moines IA 50288-5945 INSURERIS)AFFORDING COVERAGE NAIL0 INSURER A:Cincinnati Insurance Company 10677 INSURED ROGPLAN•01 INSURER a:Accident Fund National Ins Company 10166 RDG Planning&Design INSURER c:AXIS Insurance Company 37273 301 Grand Ave Des Moines IA 50309 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1116800011 REVISION NUMBER: CERTIFYTHIS IS TO NO BELOW THE INSURED NAMED FOR THE WITHSTN OFN ICY PERIOD DING ANY REQUIREMENT,TERM OR CONDIION HAVE BY CONTRACTEEN ISSUED OR OTHER DOCUMENT WERE RESPECT TO WHICH INDICATED, W ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED REDiE Y PAID CLAIMS. INSR ADM EFF C TYPE INaD WI0 POLICY NUMBER IMhVDDYYYY) (MMIDD/YY1 LIMITS 1/1/2020 A X COMMERCIAL GENERAL UABILITY Y ENP0118476 1/1/2021 EACH OCCURRENCE $1,000,000DAMAGE TO RENTED CLAIMS•MAOE n OCCUR PREMISES(Ea occurrence) 5500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT.AGGREGATE LIMIT APpL1E3 PER X 1 X 1 PRO- I "' 1 LOD PRODUCTS•COMPIOP AGO $2,000,000 1PoucY Rey I - ' $ OTHER: 1!1l2020 1h/202i CCMBNIE081NGLELNdIT $1,000,000 A AUTOMOBILE LIABILITY Y ENP0118475 (EaacddanU BODILY INJURY(Per person) $ X ANY AUTO BODILY INJURY(Per accident) $ OWNED —SCHEDULED SCHEDULED PROPERTYOAMAGE AUTOS ONLY AUTOS N PROP RTY D • $ X HIRED rJ AUTOSLY AUTOS ONLY X AUTOS ONLY $ A X UMBRELLA LIAB I X IOCCUR ENP0118475 1/1/2020 111/2021 EACHOCCURRENCE $6,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 j 7 DED !X 1 RETENTIONS n $ 1/112020 1/1/2021 X SA7UrE (HRH e WORItERBCOMPENBATION WCV8088800 AND EMPLOYERS'LIABILITY EL.EACH ACCIDENT $500,000 ANYPROPRIETOR/PARTNERIEXECUTIVE Yr/N� N f A (Mandatory In N REXCLUDED9 t t E.L.DISEASE-EA EMPLOYEE $600,000 !Mandatory In NH) N6yssC, a under E.L.DISEASE•POLICY LIMIT $500,000 DESCRIPTIOIPTioN OF OPERATIONS below 1/1i2020 1/1I2021 AN.UmI1$1,000,000 Deducllble:S10,000 A Crime•Employee Then C CieemPly ENP0118475201.02 1/1/2020 1/1/2021 UrNt $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(mow 101,Additional Remarks Schedule,rosy be attached II more apses la required) Re:R3004.402.00-Huntington Beach,CA-Central Park City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteers are Additional Insureds-primary and non-contributory- Including products and completed operations-automatic status when required In Contract with respects to the General Liability policy per form GA472(10101) City of Huntington u ti respects Beach,Its Auto officers, elected policy pep intedform�88ls,employees, oyees,agents,and volunteers are Additional Insureds when agreed to In a written con h t e Lia See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach,CA 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92848 - - G 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 817 AGENCY CUSTOMER ID:RDGPLAN-01 LOC 81 AC3RL)6 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED LMC Insurance&Risk Management,Inc. RDG Planning&Design 301 Grand Ave POLICY NUMBER Des Moines IA 50309 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Auto Liability policy is primary and non-contributory when assumed under an insured contract per form AA288(01/16) Cancellation Notice-30 Days with respects to the General Liability,Auto Liability and Umbrella policy per form IA4087(09/17) Notice of CancellationlNon-Renewal: 30 days with respects to the Workers Compensation policy per form WC990851(01/11) • ACORD 101(2008/01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 818 Policy# ENP0118475 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED iN CONTRACT OR AGREEMENT WiTH YOU V This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION iI - WHO IS AN INSURED, 2. Is 2. Conformance ante to Specific Written Con- amended to include: tract ent e. Any person or organization, hereinafter If a written contract or agreement be- referred to as ADDITIONAL INSURED: tween you and the additional insured specifies that coverage for the additional (1) Who or which is not specifically insured: named as an additional insured un- der any other provision of, or en- a. Be provided by the Insurance Serv- dorsement added to, this Coverage ices Office additional insured form Part;and number CG 20 10 or CG 20 37 (where edition specified);or (2) For whom you are required to add as op- age for completed an additional insured on this Cover- b. Include coverage p Part erations;or under: c. Include coverage for"your work"; (1) A written contract or agreement;or and where the limits or coverage pro- vided to the additional insured is more re- (2) An oral agreement or contract where strictive than was specifically required in a certificate of insurance showing that written contract or agreement, the that person or organization as an terms of Paragraphs 3., 4.a.(2) and ! or additional insured has been Issued; 4.b., or any combination thereof, of this but only with respect to liability arising out endorsement shall be interpreted as pro- of "your work" performed for that addi- viding the limits or coverage required by tional insured by you or on your behalf. A the terms of the written contract or agreement, but only to the extent that person nde r this on s endorsementns os an ei - such limits or coverage is included within sured under this continues the terms of the Coverage Part which for only the period of time required by the this is attached. to, how- written contract or agreement, but in no ever,endorsementth written contract If, how- event beyond the expirationreis date of this specifies the Insurance Services Office Coverage or Part. there no written con- additional insured form number CO 20 10 isact q agreement,d or if no periodcn a time but does not specify which edition, or required by the written contract or specifies an edition that does not exist, agreement,tatusaa insureda person or ohis endorse-n's Paragraphs 3. and 4.a.(2) of this en- mentstatus as an your operationser this fr ht dorsement shall not apply and Paragraph insured endsa when for that 4.b.of this endorsement shall apply. are completed. 2. SECTION IV - COMMERCIAL GENERAL 3. SECTION IIl . LIMITS OF INSURANCE is LIABILITY CONDITIONS is amended to in- amended to include: dude: The limits applicable to the additional insured 1. Automatic Additional insured Provision are those specified in the written contract or agreement or In the Declarations of this Coy- The written or oral contract or agreement erage Part,whichever are less. If no limits are must be currently In effect or become ef- specified in the written contract or agreement, fective during the term of this Coverage or if there is no written contract or agreement, Part. The contract or agreement also the limits applicable to the additional Insured must be executed prior to the "bodily in- are those specified In the Declarations of this jury","property damage"or"personal and Coverage Part. The limits of insurance are in- advertising injury" to which this endorse- insurance andsho not n t in ditonto othe limits of ment pertains. ns. includes copyrighted material of Insurance Page 1 of 2 GA 47210 01 Services Office,Inc.,with its permission. g 819 4, The following are added to SECTION I - c, "Bodily injury"or"property damage" aris- COVERAGES, COVERAGE A. BODILY ing out of"your work"for which a consoll- INJURY AND PROPERTY DAMAGE dated (wrap-up) insurance program has LIABILITY, 2. Exclusions and SECTION I - been provided by the prime contractor / COVERAGES, COVERAGE B. PERSONAL project manager or owner of the con- AND ADVERTISING INJURY LIABILITY, 2, struction project in which you are in- Exclusions: voived. The insurance provided to the additional In- 5. SECTION IV - COMMERCIAL GENERAL sured does not apply to: LIABILITY CONDITIONS,5.Other Insurance is amended to include: a. "Bodily injury", "property damage" or a. Where required bya written contract or out of the: "personal and advertising injury" arisingagreement, this insurance is primary and /or noncontributory as respects any other (1) Rendering of, or failure to render, insurance policy issued to the additional any professional architectural, engi- insured, and such other Insurance policy nearing or surveying services, in- shall be excess and /or noncontributing, eluding: whichever applies,with this insurance. (a) The preparing, approving or b. Any Insurance provided by this endorse- failing to prepare or approve ment shall be primary to other insurance 6---- maps, shop drawings, opinions, available to the additional insured except: reports, surveys, field orders, change orders or drawings and (1) As otherwise provided in SECTION specifications;and IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other (b) Supervisory, Inspection, archi- Insurance,b.Excess insurance;or tectural or engineering activities; (2) For any other valid and collectible in- (2) Sole negligence or willful misconduct surance available to the additional of,or for defects in design furnished insured as an additional Insured by by, the additional insured or its "em- attachment of an endorsement to pioyees", another Insurance policy that is writ- b. "Bodily injury"or"property damage" aris- ten on an excess basis. in such ing out of "your work" included in the case, the coverage provided underthis endorsement shall also be ex- "products-completed operations hazard". cess. , • Includes copyrighted material of insurance Page 2 of 2 GA 472 10 01 Services Office,inc.,with its permission. 820 0.N CSam ism ilia fic° vt CD ...) ima Immm vimi/ E , CO — v AM C CO U SS 113 N O N • Lim • mom C E Am. 4=11 twit A% 2 1 .- CC _OC `1# 710 co = CD = 0 a 2 2 a) _o Ioo_ o < T 2 4,. -4P.Illtor 400. /Ai .ram► #1F(()S0 4/ lob. 0° $ . 0 `4° ' \\ ** 4e, , _: -`111 i ,_,\,\ e• *1 mik, $ (z)ILj it _ _ , 1 � � � • 4, • • • Z \ , 1_ l I ! ' , • • 0 1 � ; ,_ i ` t'1 �— • "- r l _ . • , ‘?,., , • i . •• J • r \ 02 • ) 41,111, i • t ‘ .04) I\ ''„, 4 1 ) .0 c%) 0 - • ` _ `� I' • ..� //� " 0 �Pf,H b. q • O • 10 o : ''-k •� •.y �am� o. z; b -: 1-- A moo ...........- * 0 if11T ORS/" c6 O CD 0) L O Q L 4-0 C O 0- OD O D _c .� a.., N 47, c.nL 0- co 0 4-0 = O U U D U U N cII 4) N a) _o O N -0 0_ -0 Q +0 O C _cc> � caV a 1_ ._ v) O N a)0_ N E - coC co -.° - 4A + C — ca CO ■ aa) ....... ••C 0 CL D N4-0 U CC U HI E H !! .L 4�- �,,, O Q. 4- O O hA Q)NI Q E co C +•+ C •� .0 = 4-1 Ov O CO C ON N .N(1) = 73 O = O DC a) 4-, a) v C N ca co }' .� i� •U O co ca ■ �� o C U CU = N o E a) L O C •L N v N Om _ ci •cn � Q U U can can F— E co • N . • it Pc ' b/N l I�vz t - i0 11 1,//3 OR).70 0 N • ko ro u m (.9 .> N CO O C 04-0 CO v U V)-0 = CU .O CO u_ RIO i Q) D i C CL � Q Oo .c N a--+ O i +� c p co O o I_ a) .E E 2 E C c O " _ v mu v 0 x -ci a) _c t CD w •� V> -I-) oO te V)i.= > N 4 a , X N , CU a) O , co a) N O E NI +I 4)E _c +-+ p v L I . O U 00 4A O O LI' 4-0 ■ CD U O CO 4-8 .� c/f a--+ — I- c .9c O 9 Q O mil U c E fa CI) W C •— W a) 4_, ._ 0_ 4_, C • CO .� N ." N O 0 > E U U 2 U W MI cn L w � cc F- U N U Q H o CL. C • • • N • • CC 0 ti /f���p,CH....��Nd'p \ 1 •O ^i r2" �J I ' �p 'f , >" N N c a) O L s = •L 0 co -0 co cD —I 4 c CD • U W c co a) c0 Qcu co �-, a) •4_, L Cu 0 0 .L W O O O N O -0 U >- 4-- •O- .� O O - _c N 4-1 L a) v - �N +a cn U c� •U co L v 0 " `" O O O — co c O F- O _ U LA v U 4-1 a) O L v -0 cB a) O C o .� 4-1 v C m4-1 o c C w> O CO� = N O N C. O v Ev • co O E Ca■ U,a) c > a) a) a) L O4-1 ca ` 4-1 ro -C = E _c 0 . _0 CU -(•%1 .4-4 bA -04-j :1-72 2 To_ oo a■ O " O N L p •4-1 i fB '� 4-, Q O Q L U `- o L CO bA Q i a--+ .c L Q Q U •> N 0 p -0 D C v c� U O CO) O - D co a) 4_, ..... 4_, v) _6.. co u c L- ,- 5- O fa C O - a) C O U L N C O l�A — N O — . Ni ' EmE .0 +--+ 0 O .c c CO 0 0 C L V �C N LJ = N _ -a +I-+ Sim N N O co m cD Ln ci 2 U Q U H CO Z \\���y%•2•'.,; :i�,1kE�\•';'f �m # o oi t4//1PCH b/ '1 • ° ; %, ! r 1 • "'p;•'•••......,... 4,11aOAP1 2 L_ ;Y. ' i e ,3 r 1 ,41 D 'rt i . 0 C S • (13 (11) 0 J „,t., i I Or.,0 %N.,A,:::7:4...1•'.41:,--.4T'.if....0%, 441(1,0‘ ..f.”: 0 •4*. iit 'i .4.71•• 22N VS f M c;ir,'..‘% ''r Li _ :2 ;, , ' ,,• t.— st, '', , , ,, ! , & \ ....' !I - '1 1!<°,.i 0 ‘ 2 %.'/ ' '/'' ,c r • .., ....! '‘ ,A ,..- k, 0 . (-4 I• N. .>/o..........••••••• `) Or *b. Cli) .................oilf , I f , T SIM 4 '", 1 4 r, '-- f . .i, , A j ' . 1 . it''''.•••1.% ''' $ II.° , . 0 Z 4* . * i C ' '1 • • . '.' AWooplf. III .. ? IIII a) (I) r SM = all) ', , , ' " , ''''',, ,,,:%;,,*11161" ••< ...:'I 0 • >MI -z-i't , , _4!"'.;i ,1 T W '` '..Y„, 4 .. ,_.. - ,,,' , -.,t, 4,:.44-.-t4',,,v.,04 ..,>.4 ' 4' - 4,,t, '.4, ,- ail) „„,. 'it'*,, '''' .'' -'1'ilt ... ..:',$* al) 1 • i,4,0,, , ..,;'.-,,,,,t!,..., ,.41.„.. .)-. ,. ., '...). C/II) --_ 40, -.4' ,r •' ..„..; *%- '. 4.,,:-.4, .;„ ",f. ' mime ---_-'2'•'... ....„..! '.. . •.,.,, ;If >111 C. 1_0 X4t " 5''',.:.: ;' 1 •' WI. . 1 t l, .,, 1.11 CI:lic 1 k.,.4i.. 1,II 111.'- St.*i 'i,‘,... "'"'-• -, ' *„. , ___., .1.• .tor 44r........sr,' , t...!,-,' 1 lon �jr1li,11Pi �/ Q,F, •.........., . ••.,. . o. �� • N. y•.,.. ,. , v0� �'"O •'•••.........•••�C� • • �/j aR giI 1,4‘1,, ,,.., 1.- . .s,.., 1, „ ,. = , , . a T • 03 . ' : SF'}.., ' t, Z i.. tt i' C aF ';1,4 rP a) , 6, - YYI�YWWa�tlwi.., Cl) r x = el 'x, ., ,. ' L;;,.ii otelk:„..:.,.c,,,,,Ii,;.,‘,.: O ' > .. V >Mil , ,.., ,.- al) C ''',i'-, f '''''‘..NIII,4: i'a ;-t( CD • min ia1. , '':4,a'- • '"I'L . ..,Clii) C �, 4- ry • OW .: , ^ ., t Ly•J _. t : Taw /// ow,�� ,CN V/Nb .y •• •: i -,�4i/3 O%#' i a 4-0 a) -0 0_ CD v N C = ca 'E 0 O }i4-0 v_ O n•iCn 0_a v) — f� CU .- L_ To E `_. _ co } _ a - `- V) i '- 4-0 ECO '' CD > a 0 V) O O •1' - a a a 13 0 O0 C a (� cn CO a N4-0 a 0 U a) OA Cli) CD 4 •� : CD `� 4-0 a E co E -0 CD • N - `�' C c Q U a co <it c 4-;co a •= 4O i v ,, co a a 4A v s- ,C -0 a a--' N a +_.,) G., � , _ _co La U 4-1 - 4 .N C p _ - C O a1113 7) D = V) c y— _ .a N 0 co ° ° Ala a — }' CN L 'L iL a--+ V) •(7 CO N C O- `~ CO .0 C o a y- L a) O .1A cBco 0- Q a N 4- a) 0 c/) CO .c Q i. �P�H b/Nb i0 e . ; .,•ij v .Q o• j , ,.' �‘ . ( r 0 �� •,..i BIZ\,.. ..�'C� '' C) 00 N cr U c To N M 4-1 = a--' — LL. a) O p U 0 E U z c a) a) U cu i co c cD c U a--+ a-1-1 fD U a) c U c v) v a) la _o f) U OCL 4O -0 O > i c � a o ° a-0 Qo c •- •c- O o 73 COS2 4-1 N U N '' a) 'j ,c-o N = cn CO U N N aA 0 0 - CD o _ o CD 0 C (0 U Lf) U D c N 4- N 0 o N OU (� 4- O O �-' U c U N - c OE NLT_ N O OQ C■ N C U.10 CU O 4-1 `1vO7 O ca L c.CIA N O O pi MN N i c N f) Ni c > F— co= •— CO4- I/ Ec c CU N = Cr) = �O c ILL N LL 4— I- •- a,i9, ........ ''c l ob'.. , � ••.,•<j� ‘y•••• 1 'A F.•.e� ii =041/3 0 • O z co -0 O -0 C C O C LL C 'E 03 O O Y C 0 W l'-' -0 -C " 4-) ECCUCLCD- C C �� C O O O av-J p .to > +'' i MIMI N O ca Q (111) U ›- s- — O N N [a .c U 4-)O O v N CL s- i Y i 4) C U ud (0 OD 471 4-1 0 O O C +-+ E = L_ _, o a) .1_.U - 4E7:3cu4- +-+ N 0 V -0 U L O _N O Q 4-1 L 'W C O L C C O („) 000 C 0 0 • A N - �(13 U O N 0 O a. (1) 2 NOx O N C ) > _c CD- N N •U E _. NcQ OO Nr. . v L OE 0 C co 2 O a c4-) .N O L l0 0_ N CO 4-1OO O 0 - = C C +-) O u i) ca eL -0 OCD C N ate-+ N .�N CU U C6 a) 0 _c 4-1, 0 IX = o CD 0 0- a"' CDN U U C co Q c-I CO A- CO .= CO Q N M ,1� tip ao ; * y. ',y !; ` �> .,*s,,� y„- , :,.,-- - : ,..:— 0 '1 ''', ,,,:f•-iiii ' 44.1' , ' '''''' ! ' f' �r x4i yes 4rt ; `+ {r li'I .tit.'. +,. �, Lam' S Nam' `^��5:• rF. 1 ,„� ;,rya L. $g ; (( ,.,41,'4 4''''Ii.,k4 ::( i{ ,t' 4'; •, it; ' f 1, '~ {1`,' 4 1. - .4 .44--4.,..,;i:,‘. '.4 1 -)) : ,(4-#..,---,'', C,.. (111) O ■ (n a) VL �O Ff t .3 City of Huntington Beach File #: 20-2068 MEETING DATE: 12/7/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Chris Slama, Director of Community and Library Services Subject: Approve a Professional Services Contract between the City of Huntington Beach and RDG Planning & Design Art Studio for the Commissioning of Public Art in Huntington Central Park, and Appropriate Funds in the amount of$300,000 from the Public Art in Parks Fund 236 Statement of Issue: To date, the City has accrued $359,000 in restricted public art funds that have to be spent on the development of public art in one of the City's parks (Fund 236 - Public Art in Parks). On September 21, 2020, City Council approved the authorization of a Request for Proposals (RFP) and the formation of an ad hoc review committee for the commissioning of a public art element in Huntington Central Park. To that end, Mayor Semeta appointed selected members of an ad-hoc committee who worked with staff to complete an RFP process and subsequent artist selection for recommendation. There is now a need for City Council to approve a Professional Services Contract for the commissioning and installation of public art in Huntington Central Park and to appropriate funds in the amount $300,000 for expenditure on the installation. Financial Impact: As of June 30, 2020, the fund balance in the Public Art in Parks Fund 236 is approximately $359,000. As such, funds in the amount of$300,000 are available for appropriation and expenditure. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Central Park" in a not-to-exceed amount of$300,000; and, B) Authorize the appropriation of $300,000 in the Fiscal Year 2020/21 budget, account 23645001, to be used to fund the fabrication and installation of a public art piece in Huntington Central Park. Alternative Action(s): City of Huntington Beach Page 1 of 3 Printed on 12/2/2020 powered Leaister" File #: 20-2068 MEETING DATE: 12/7/2020 Do not approve the recommended actions and direct staff accordingly. Analysis: Staff has been working during the past several months to identify options for the expenditure of restricted art in public parks funds. Of note, in the fall of 2019, staff conducted an online survey to garner community feedback regarding public art in Huntington Beach. The survey results showed a significant amount of feedback expressing the desire for public art in parks, and specifically, in Huntington Central Park. Given those survey results, coupled with staff review, it has been recommended that the City Council move forward to expend restricted art in public parks dollars on a project to be located in Central Park. At the September 21, 2020, City Council meeting, Council authorized Mayor Semeta to appoint an ad -hoc Huntington Central Park Public Art Committee (Committee) to help develop a scope of services for a Request for Proposals (RFP), review the proposals, and recommend to the City Council the final artist selection. The Committee was subsequently formed, comprised of two City Council members, three community members, and two staff. Community Services and Finance staff worked closely with the Committee to conduct the RFP for the commissioning of a public art piece in Huntington Central Park. The RFP was open for submittals from October 19 through November 13, 2020, and eleven artists responded. The proposals were reviewed by the Committee, and the top five ranking artists were invited to participate in interviews. After interviewing all five top candidates, the Committee unanimously agreed to recommend RDG Planning & Design Art Studio (RDG) as the most qualified artist to commission the artwork for the public art project in Central Park. Staff is recommending approval of a professional services contract between the City of Huntington Beach and RDG for the commissioning of public art in Huntington Central Park. With approval of the proposed contract, the Committee and staff would begin working immediately with RDG on project development. Some key terms and milestones of the contract include: - Contract Term: December 8, 2020 - December 7, 2021 Proposed Milestones (schedule TBD): o Community engagement/input collection conducted by RDG o RDG to present conceptual drawings to Committee for approval o Artist/Staff to present project to the Design Review Board for approval o Fabrication of art o Installation of public art As described in the RFP, the iconic public artwork will be installed in Huntington Central Park within the grass areas adjacent to the library fountain and Secret Garden. It will be original, community and artist generated, and will have to harmonize with and respect the integrity of the unique architecture of the Central Library and natural aesthetic of Huntington Central Park. Per the proposed contract, the payment is set at a not-to-exceed amount of$300,000, and staff is City of Huntington Beach Page 2 of 3 Printed on 12/2/2020 powered Legistar— File #: 20-2068 MEETING DATE: 12/7/2020 also requesting that Council authorize the appropriation of$300,000 in the Fiscal Year 2020/21 budget, account 23645001, to be used to fund the fabrication and installation of a public art piece in Huntington Central Park. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract with RDG Planning & Design Art Studio 2. Public Art RFP Huntington Central Park 3. Sample projects submitted by RDG Planning & Design Art Studio City of Huntington Beach Page 3 of 3 Printed on 12/2/2020 powered3f�Legistar— ATTACHMENT # 1 ,4,e PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG ART STUDIO FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORKYOR CENTRAL PARK THIS AGREEMENT ("Agreement") is made and entered into by and,between the City of r 7 Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RDG ART STUDIO, a CORPORATION hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to design, fabricate and e install a public art work in Central 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 CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed/by, CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be'referred to as the "PROJECT." CONSULTANT hereby designates David Dahlquist who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. �CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. / agree/surfnet/professional Svcs mayor I of 11 5/19-204082 37 3. TERM; TIME OF PERFORMANCE // Time is of the essence of this Agreement. The services of CONSU/LTANT are to commence on December 8, 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended/r sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be comple cd no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may bey amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three H ndred Thousand Dollars ($300,000.00). 5. EXTRA WORK In the e ent CITY requires additional services not included in Exhibit "A" or changes in the scoop of services described in Exhibit "A," CONSULTANT will undertake such work only after r'ceivin written authorization from CITY. Additional compensation for such extra Y g p work shall b allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfneUprofessional svcs mayor 2 of 11 5/19-204082 38 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT 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 o ther documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or r� 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 CONSULTANT represents and warrants that the Artwork to be created: (a) is solely the result of the Artistic effort of CONSULTANT; (b) is unique and original, except as otherwise disclosed in writingto CITY c is not a'du licate thereof has not been accepted for sale ( ) ,,�f p P elsewhere disclosed in writing; (d) does ri t infringe upon any copyright; and (e) is free and clear of d P any liens or claims from any source whatsoever. Notwithstanding the preceding, if the Artwork is r� r part of a series it may be used by CONSULTANT in the future, but not the installed piece, which is unique to the Contract. f B. Warranties of Quality and Condition CONSULTANT represents and warrants that: (a)the execution and fabrication of the Artwork will be pe ormed 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 b submitted by CONSULTANT to CITY. to agree/surfnet/professional Svcs mayor 3 of 11 5/19-204082 39 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, a cording to directions provided by CONSULTANT. CITY shall give written notice to ONSULTANT of any breach of CONSULTANT's warranty within ninety (90) days f the breach during the three (3) year period after final acceptance of the Artwork. CONSULTANT shall, at the s' request of the CITY, and at no cost to CITY, reasonably and promptly cure the breach of any such warranty which is repairable by CONSULTANT�T and which repair is consistent with accepted practices of professional conservation (including, for example, repair by means of restoration, refurbishing or re-creation of/p/art or all of the Artwork.) 9. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appoint d officials, employees, agents and volunteers from l and against any and all claims, damages,/losses, expenses, judgments, demands and defense costs (including, without limitation, costs an(fees of litigation of every nature or liability of any kind or nature) arising out of or in conn�Iigent) ction with CONSULTANT's (or CONSULTANT's subcontractors, if an negligent or alleged neerformance of this A reement or its failure to com 1 with Y) ( g 1 p g comply any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall ap,rove selection of CONSULTANT's counsel. This indemnity shall apply to all claims and ability regardless of whether any insurance policies are applicable. The policy limits do not a as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional svcs mayor 4 of 11 5/19-204082 40 f B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise�out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT'S" proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet/and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless o"f whether subparagraph A or B a lies, CITY shall be reimbursed b g 7PP Y CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity s7 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 10! PROFESSIONAL LIABILITY INSURANCE 7 CONSULTANT shall obtain and furnish to CITY a professional liability insurance j p Y 7poccy covering the work performed by it hereunder. This policy shall provide coverage for �CONSULTANT's professional liability in an amount not less than One Million Dollars agree/surfnet/professional Svcs mayor 5 of 11 5/19-204082 41 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned ins ur ce shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising fro work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuse/s to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of�insurance by the CITY. 11!/ CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall 7ore ish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the going insurance coverage as required by this Agreement; the certificate shall: agree/surfnet/professional sves mayor 6 of 11 5/19-204082 42 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' r� prior written notice; however, ten (10) days' prior,/itten notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing surance coverage in force until the work under this Agreement is fully completed and accepted/by CITY. The requirement for carrying the forego'ing insurance coverage shall not derogate from CONSULTANT's defense, hold 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. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance heremahove required. 12. INDEPENDENT CONTRACTOR e CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an indepen ent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its o cost and expense, and be responsible for any and all payment of all taxes, 7 social security, st e disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if a,y, in connection with the PROJECT and/or the services to be performed hereunder. 1 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. Cl Y may terminate CONSULTANT's services hereunder at any time with or without cause, and hether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/surfnet/professional svcs mayor 7 of 11 5/19-204082 43 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 14. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the ,f prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set �r forth in Sections 9 and 10 hereinabove. 15. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. REPRODUCTION RIG A. General // CONSULTANetams all rights under The Copyright Act of 1976, 17 U.S.C. 101 et seq., and other rights in and IZothe Artwork, except ownership and possession and except as such rights are limited by this Contract. Because its final form is unique, CONSULTANT shall not make 3-dimensional replication of the final Artwork, nor shall CONSULTANT grant permission to others to do so except with the written permission of CITY. CONSULTANT grants to CITY and its successors an irrevocable license to make 2-dimensional reproductions of the Artwork for non- commercial erposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. B. Consultant Credit agree/surfnet/professional Svcs mayor 8 of 11 5/19-204082 44 All reproductions by CITY shall credit CONSULTANT and include a copyright f notice substantially in the following form: "© [CONSULTANT's name], installation,date, date of F� publication. ' C. Consultant Reproduction Credit -'` CONSULTANT is hereby granted permission by CITY to`reproduce the Artwork in a limited edition, CONSULTANT agrees to include on or in any form of reproduction for the Artwork initiated or authorized by CONSULTANT to credit to,CITY. 17. CONSULTANT's RIGHTS A A. General `' In all matters pertaining to the Artwork and its maintenance, including but no limited ,d Ap 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. C/ITY 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 CONSULTANT's warranties. r� 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. During g CONS U TANT's lifetime, CONSULTANT shall have the right to approve all repairs and rest ations, provided, however, that CONSULTANT shall not unreasonably withhold approval for 7 y repair or restoration of the Artwork. If CONSULTANT unreasonably fails to approve any repair and restoration, CITY shall have the right to make such repair or restoration. To the extent agree/surfnet/professional svcs mayor 9 of 11 5/19-204082 45 A` practicable, CONSULTANT, during CONSULTANT's lifetime, shall be given the opportunity to r make or personally supervise significant repairs and restorations as recommended by aprofessional fine art conservator and shall be paid a reasonable fee and expenses for any such/services provided r' that CITY and CONSULTANT shall agree in writing, prior to the commencement of significant r,. repairs or restoration, upon CONSULTANT's fee for such services. r'`f 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 e i responsibility of CITY upon acceptance of 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 fi exceed the value of the Artwork; II) The�Artwork has faults that require repeated and excessive maintenance; III) The Artwork endangers public safety; and/or IV) Significant public protest has continued unabated over a period of more than five (5) years and a public hearing has not led to a i solution. The Visual Artists/Rights Act (VARA) provisions regarding CITY's notification of CONSULTANT 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. CONSULTANT shall have first right of refusal to accept the Artwork back. If accepted, CONSULTANT must make i J arrangements at CONSULTANT's sole cost and expense, to remove the Artwork within thirty (30) days of commitment to accept the Artwork. i D. All repairs and restorations shall be made in accordance with accepted practices of professional fine art conversation. l E. This contract shall not be construed to restrict CITY's use or disposition of the I/ /property on which or in which CONSULTANT's Artwork is located or adhered. CITY will give agree/surfnet/professional svcs mayor 10 of 11 5/19-204082 46 one hundred twenty (120) days notice prior to any change in CITY property that will require removal or relocation of CONSULTANT's Artwork. Permission or approval of CONSULTANT is not required 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. 18. CITY EMPLOYEES AND OFFICIALS a r CONSULTANT shall employ no CITY official nor"any regular CITY employee in the work performed pursuant to this Agreement. No officer 6r employee of CITY shall have any iP financial interest in this Agreement in violation of th/applicable provisions of the California Government Code. �y 19. NOTICES ,r Any notices, certificates, or other communications hereunder shall be given either by 1 f✓ personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as Z the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and r depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 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: r TO CITY: /j TO CONSULTANT: City of Huntington Beach RDG Planning & Design Art Studio ATTN: Ashley Wysocki 301 Grand Ave 2000 Main Street Des Moines, IA 50309-1718 Huntington Beach, CA 92648 515-284-1675 agree/surfnet/professional sves mayor 11 of 11 5/19-204082 47 20. CONSENT 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. a" 21. MODIFICATION rl f No waiver or modification of any language in this Agreement shall be valid unless in F writing and duly executed by both parties. s 22. SECTION HEADINGS t r' The titles, captions, section, paragraph and subject headings, and descriptive phrases r° at the beginning of the various sections in this Agreement are merely descriptive and are included r' 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. 23. 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 r` provision of this Agreement/is held by an arbitrator 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 a d singular or plural number shall be deemed to include the other whenever the context so in icates 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 agree/surfnet/professional svcs mayor 12 of 11 5/19-204082 48 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 i bring it within the requirements of the law. 24. 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. 25. IMMIGRATION CONSULTANT 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. 26. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT 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 CONSULTANT. r° 27. ATTORNEY'S FEES f In the event suit is brought by either party to construe, interpret and/or enforce the %y terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own alto ey's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional sves mayor 13 of 11 5/19-204082 49 28. SURVIVAL ' Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 29. GOVERNING LAW y' . This Agreement shall be governed and construed in accordance with the laws of the State of California. l�. 30. SIGNATORIES fP Each undersigned represents and warrants/that its signature hereinbelow has the i 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 d mages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 31. ENTIRETY The parties acknowledged 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 prio 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 circumstance not expressly set forth in this 1 Agreement. TIhis Agreement, and the attached exhibits, contain the entire agreement between the parties respe°cting 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. /agree/ t/professional Svcs mayor 14 of 11 5/19-204082 50 32. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. 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 officers. r r CONSULTANT, /' CITY OF HUNTINGTON BEACH, a RDG Planning & Design Art Studio municipal corporation of the State of COMPANY NAME California a Corporation r r Mayor By: r�r print name City Clerk ITS: (circle one)Chairman/PresidentfVice President AND /INITIATED AND APPROVED: By. i print name r ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer ? REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney agree/surfnet/professional sves mayor 15 of 11 5/19-204082 51 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. The CITY seeks to commission artwork for a location at the City's historic Huntington Central Park, adjacent to the Central Library (7111 Talbert Ave., Huntington Beach, CA 92648). The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should: create excitement and interest within the community; celebrate the natural aesthetic .t of Huntington Central Park; and harmonize with the distinctive architecture of the Central Library. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CONSULTANT shall perform all services and furnish all supplies, materials and � equipment as necessary for the fabrication and installation of the Artwork, including but not limited to: shop and as-built drawings, engineering calculations, permits, technical inspections, taxes, insurance, materials, labor, tools equipment, subcontractors, transportation and shipping, and all other items incidental to producing a complete and acceptable Artwork. 2. CONSULTANT will present to the Project Coordination Committee, written requests for any significant changes to/the scope, design, color, size, material or texture of the artwork not substantially conforming with approved Artwork design. A significant change is one that affects design, installation;'scheduling, site preparation or maintenance of Artwork, or concept of artwork as represented in approved designs. 3. CONSULTANT is responsible to store finished Artwork at CONSULTANT's own expenseuntil the CITY is ready for the Artwork to be installed. Installation shall not e reasonably de dyed by the CITY, so that CONSULTANT will not be required to store the Artwork for an unreasonable period. EXHIBIT A 52 4. The CONSULTANT will be responsible for the installation of the Artwork as indicated l' in the construction drawings and specifications. ri 5. CONSULTANT will review and provide comments on draft text and images of the Artwork and/or the project for the CITY's website and any print materials, such as postcards or brochures. 6. CONSULTANT will provide and install, as part of the Artwork budget, a plaque near the f Artwork. 6. CONSULTANT will make every effort to attend dedication events for the Artwork and/or the project. r 7. Specific tasks and deliverables related to CONSULTANT duties and responsibilities to be developed and agreed upon by CONSULTANT and CITY. i C. CITY'S DUTIES AND RESPONSIBIILITIES: 1. CITY will set and coordinate meetings between CONSULTANT, members of the r committee, City Departments, and community groups, as needed to complete this scope of work. i 2. CITY will review the designs, drawings, specifications, and if necessary, engineering calculations, submitted by the CONSULTANT to ensure conformance with applicable codes, 0 regulations and other requirements. CITY retains the right, but not the obligation, to conduct any such review, which is intended for the sole purpose of protecting the CITY's interests, only. f F CONSULTANT acknowledges that CITY's review does not confirm or warrant that conditions are safe or that CONSULTANT'S work complies with regulatory requirements. 3. CITY/hall provide a final proof of the Artwork plaque to the CONSULTANT. 4. C,ITY will make every effort to inform the CONSULTANT of dedication events for the Artwork And/or the project. i EXHIBIT A 53 5. CITY will coordinate inquiries from the media regarding the Artwork, especially in association with the dedication event. D. WORK PROGRAM/PROJECT SCHEDULE: 1. The work program/project schedule will be developed and agreed upon by the CONSULTANT and CITY. 2. Artwork budget to be developed and agreed upon by April 1, 2021 3. Artwork installation to be completed by December 7, 2021 E. RFP: r REQUEST FOR PROPOSAL FOR PUBLIC ART PROJECT—CALL FOR ARTISTS Huntington Central Park EXHIBIT A 54 Community Services Department CITY OF HUNTINGTON BEACH r Released on October 19, 20-0 df P` N f/ r.f city/of Huntington Beach Public Art a Request for Proposal Release date: October 19, 2020 Project intent�� a i� The City of Huntington Beach Community Services Department seeks to commission artwork for a location at the City's historic Huntington Central Park, adjacent to the Central Library (7111 Talbert Ave., Huntington Beach, CA 92648). The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should: /➢ Create excitement and interest within the community / ➢ Celebrate the natural aesthetic of Huntington Central Park / ➢ Harmonize with the distinctive architecture of the Central Library EXHIBIT A 55 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 surrounding recreational activity and aesthetic 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, 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 �r The budget for this project is not to exceed $300,000. 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. Fr. Eligibility �f 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;Ateams are eligible to apply, including teams of artists from multiple disciplines. / Installation f,. f The location for the Public Art installation has been identified as an area behind the Central Library (7111 Talbert Ave.,,Huntington Beach, CA 92648) adjacent to a large water fountain. The fountain is currently in disrepair and the City is in the designing stage of restoration. The installation of the public art work(s) will be placed in an area that can enhance the Park, the Library and the water fountain. The/artist will be responsible for providing the art piece(s) as well as all necessary footings. All costs for installation, including architectural details, landscape adjustments, accessibifity 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 EXHIBIT A 56 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. Please review Exhibit A to view photos and link to drone footage of the proposed geographical area. ° Timeline October 28, 2020—Deadline for Questions, posted to Planet Bid// e, November 2, 2020—Responses to Questions posted to Planet l Bid November 13, 2020 - Deadline for RFP materials, must be received by 5:OOpm. November 16-20, 2020 - Review submissions rf, Week of December 1, 2020 -Artist Interviews December 11, 2020—Final selection of artist Remaining project timeline to be determined, with a project completion date of June 30, 2021 The City reserves the right to change the project timeline Application r` Artists interested in this/project must prepare and submit the following: Letter of Interest: The letter should be no more than one page in length and should explain the artist's interest in the project. Current resume. If submitting as a team, a current resume should be submitted for each team member! Fifteen,images of the artist's work in jpg format and artists URL if available. Images may be included on a flash drive. Images must be labeled. References: A list of at least three professional references that have an intimate knowledge of the artist's work and working methods. The list must include complete addresses and telephone numbers. SASE for return of materials if submitting hard copies, otherwise electronic applications will % be accepted. EXHIBIT A 57 Other: The artist may include up to three selections of support materials such as reviews, news articles, and other related information such as biographies. Deadline is November 13, 2020 at 5:00pm Respondents are required to submit one (1) electronic version via PlanetBids OR a paper proposal mailed, delivered by hand or couriered to following address by Friday,November 12, 2020 at 5:00pm: City of Huntington Beach Purchasing Department— 2000 Main Street Huntington Beach, Ca 92648 Or by e-mail to Jennifer.Andersonklurfcity-hb.or A,. History and Background Formally established in 1974, Huntington Central Park is the largest City-owned park in Orange County covering over 350 acres of land. The peaceful setting is located on open grass fields with extensive tree and flower plantings. The area is ,used for a variety of activities such as picnics, biking, and strolling along paved paths. There are four playgrounds, a nature center, lakes, equestrian trails and other amenities. The new;Senior Center in the Park and the Central Library are located within Huntington Central Park. The/Central Library features an open and light filled floor plan, spacious reading decks, a public computer lab and indoor fountains including a spiral ramp water feature. The building was designed by the architectural firm of Richard and Dion Neutra, and completed by Dion Neutra after his fa her's death. The modernist facility opened in 1975 and was expanded by Huntington Beach architects Anthony and Langford in 1994. The size of the Library is 115,000 square ft. The proposed site for the new public art piece(s) is behind the Library. The area consists of a grassy hill that overlooks the larger expanse of the park, with potential connectivity points to flat grass patches and pathways,,/pother adjacent amenity is an area identified as the Secret Garden, replete with a variety of florals, trees, and massive numbers of butterflies.. at i fr �r A� yI I City off" Huntington Beach Public Art ,F 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 EXHIBIT A 58 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. In 2019, the city established a task force to address the need for a public art masterplan. During the project a survey of the community was conducted that demonstrated a desire on the part of local citizens to have functional art(benches, etc.), interactive art, free standing sculptures, statues and/or monuments in Huntington Central Park. This project seeks to accomplish that objective. On September 21, 2020, the City Council approved the Mayor to authorize the release of a Request for Proposals and the formation of an Ad Hoc Review Committee for the Commissioning of a Public Art Element in Huntington Central Park. e rr !r' Selection Process J /r 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. f A f Additional Information If you have any questions or need'additional information, please contact Jennifer Anderson by email: Jennifer.anderson@surfcity-hb.org. f° �i f J1 Exhibit A Geographical Photos of Proposed Area—7111 Talbert Ave., Huntington Beach, CA 92648 r t' / EXHIBIT A 59 0 co Central Library �y _., '-t r' x r � r rd ,4 ac . .... ; °t EXHIBIT A 62 l l s/ z WR4111Fy IF •i r r � r 9w. EXHIBIT A 63 r r k JO 44 w� ,,�k NI2i 41; AT" 1,0 Of, oft 1 .v P _ h ,"am " • • 0 i J i EXHIBIT A 65 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. P�. a. Invoice 41 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)) b. Invoice 42 for 10% of total cost - Payment vmade after delivery of Completed plans/model including material samples`(CS and Planning review with appropriate staff review and approval) c. Invoice #3 for 10% of total cost�,/Payment made after Design Review Board (DRB) presentation and approvals d. Invoice #4 for 20% of total/cost - Payment made after City receives Stamped Engineered plans and specifications with all necessary approvals f e. Invoice #5 for 30% offtotal cost - Payment made after fabrication of all pieces are completed, with weekly photo-documentation of progress 6 f. Invoice #6 for 10% of total cost - Payment made after City has received all pieces for install Lion i g. Invoice #7/for 10% of total cost - Payment made after all elements are installed with all appropriate sign-offs 2. Delivery/of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. F 3. ,'CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and Exhibit B 66 s' E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT,is` making satisfactory progress toward completion of tasks in accordance with this Agreement,/CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of/receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspendedF`until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. F 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and,hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is'in accordance with the extra work or additional services requested, and if CITY is satisfied that the"statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. rl ,r r f r' ,r r f/r'f , Exhibit B 67 leI �a PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG PLANNING &DESIGN ART STUDIO FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL PARK e° ,a I� Table of Contents �.. f�t 1 Scope of Services.................................................................................,: .................1 2 City Staff Assistance.......................................................................... 2 3 Term; Time of Performance...........................................................'/......................2 4 Compensation.............................................................................I. ..........................2 5 Extra Work...............................................................................•�.............................2 6 Method of Payment........................................................... ................................3 7 Disposition of Plans, Estimates and Other Documents ....%......................................3 8 Hold Harmless .............................................................../.......................................3 9 Professional Liability Insurance................................./ .........................................4 10 Certificate of Insurance........................................... ..............................................5 11 Independent Contractor........................................ .................................................6 12 Termination of Agreement............................. / ....................................................... 13 Assignment and Delegation......................... ...........................................................6 14 Copyrights/Patents.....................................Z...........................................................7 15 City Employees and Officials................ ..............................................................7 16 Notices................................. 7 17 Consent...................................................................................................................8 18 Modification..................................:f........................................................................8 19 Section Headings ....................... ...........................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original................ 'f.................................................................................9 22 Immigration........................ /....................................................................................9 23 Legal Services Subcontr eting Prohibited................................................................9 24 Attorney's Fees............ .............................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law....../................................................................................................10 27 Signatories........../...................................................................................................10 28 Entirety............ .......................................................................................................10 29 Effective Date................................................................................I I i 68 CITY OF HUNTINGTON BEACH Finance Department F p,t �"n iifh' ,Dahle Bulosan Chief,,Financial Officer December 2,2020 1/ The Central Park Public Art Request for Proposals(RFPs)was released through Planet�Bids on October 19,2020 and closed on November 13,2020. Eleven(11)artists submitted proposals for consideration. - Amos Robinson - Artistic Entertainment Services - Five Moores Enterprises - Fountainhead - Martin Webb - RDG Planning&Design Art Studio - Richard Turner RLD - Studiofolia Terri Hughes <' Urban Rock Design The Central Park Public Art Ad-Hoc Committee(Committee)individually conducted a blind review of each of the artist submissions and force ranked.the'artists based on the artist style in relation to the proposed geographical location of the public a.rt:,"The top five(5)artists were invited for interviews on Monday, November 30,2020. - Amos Robinson - Fountainhead - RDG Planning&Design Art Studio - Richard Turner - Urban Rock Design Upon completion of the interview process, the Committee determined that RDG Planning& Design Art Studio would be the artist best fit to provide the design,fabrication and installation of the Central Park Public-Art project. 2000 Main Street, California 92648-2702* Phone 714-536-56304 Fax 714-374-15714 www.huntingtonbeachca.gov 69 ATTACHMENT #2 i REQUEST FOR PROPOSAL FOR PUBLIC ART PROJECT - CALL FOR ARTISTS Huntington Central Park Community Services Department CITY OF HUNTINGTON BEACH Released on October 19, 2020 70 city of Huntington Beach Public Art Request for Proposal Release date: October 19, 2020 Project intent The City of Huntington Beach Community Services Department seeks to commission artwork for a location at the City's historic Huntington Central Park, adjacent to the Central Library (7111 Talbert Ave., Huntington Beach, CA 92648). The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should: ➢ Create excitement and interest within the community ➢ Celebrate the natural aesthetic of Huntington Central Park ➢ Harmonize with the distinctive architecture of the Central Library 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 surrounding recreational activity and aesthetic 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, 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 $300,000. 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. 71 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 identified as an area behind the Central Library (7111 Talbert Ave., Huntington Beach, CA 92648) adjacent to a large water fountain. The fountain is currently in disrepair and the City is in the designing stage of restoration. The installation of the public art work(s) will be placed in an area that can enhance the Park, the Library and the water fountain. The artist will be responsible for providing the art piece(s) as well as all necessary footings. All costs for installation, including architectural details, landscape adjustments, accessibility 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. Please review Exhibit A to view photos and link to drone footage of the proposed geographical area. Timeline October 28, 2020 - Deadline for Questions, posted to Planet Bid November 2, 2020 - Responses to Questions posted to Planet Bid November 13, 2020 - Deadline for RFP materials, must be received by 5:OOpm. November 16-20, 2020 - Review submissions Week of December 1, 2020 - Artist Interviews December 11, 2020 - Final selection of artist Remaining project timeline to be determined, with a project completion date of June 30, 2021 The City reserves the right to change the project timeline 72 Application Artists interested in this project must prepare and submit the following: Letter of Interest: The letter should be no more than one page in length and should explain the artist's interest in the project. Current resume. If submitting as a team, a current resume should be submitted for each team member. Fifteen images of the artist's work in jpg format and artists URL if available. Images may be included on a flash drive. Images must be labeled. References: A list of at least three professional references that have an intimate knowledge of the artist's work and working methods. The list must include complete addresses and telephone numbers. SASE for return of materials if submitting hard copies, otherwise electronic applications will be accepted. Other: The artist may include up to three selections of support materials such as reviews, news articles, and other related information such as biographies. Deadline is November 13, 2020 at 5:00pm Respondents are required to submit one (1) electronic version via PlanetBids OR a paper proposal mailed, delivered by hand or couriered to following address by Friday, November 12, 2020 at 5:00pm: City of Huntington Beach Purchasing Department- 2000 Main Street Huntington Beach, Ca 92648 Or by e-mail to Jenni er.Anderson@surfcity-hb.orQ History and Background Formally established in 1974, Huntington Central Park is the largest City-owned park in Orange County covering over 350 acres of land. The peaceful setting is located on open grass fields with extensive tree and flower plantings. The area is used for a variety of activities such as picnics, biking, and strolling along paved paths. There are four playgrounds, a nature center, lakes, equestrian trails and other amenities. The new Senior Center in the Park and the Central Library are located within Huntington Central Park. The Central Library features an open and light filled floor plan, spacious reading decks, a public computer lab and indoor fountains including a spiral ramp water feature. The building was designed by the architectural firm of Richard and Dion Neutra, and completed by Dion Neutra after his father's death. The modernist facility opened in 1975 and was expanded by Huntington Beach architects Anthony and Langford in 1994. The size of the Library is 115,000 square ft. 73 The proposed site for the new public art piece(s) is behind the Library. The area consists of a grassy hill that overlooks the larger expanse of the park, with potential connectivity points to flat grass patches and pathways. Another adjacent amenity is an area identified as the Secret Garden, replete with a variety of florals, trees, and massive numbers of butterflies.. 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. In 2019, the city established a task force to address the need for a public art masterplan. During the project a survey of the community was conducted that demonstrated a desire on the part of local citizens to have functional art (benches, etc.), interactive art, free standing sculptures, statues and/or monuments in Huntington Central Park. This project seeks to accomplish that objective. On September 21, 2020, the City Council approved the Mayor to authorize the release of a Request for Proposals and the formation of an Ad Hoc Review Committee for the Commissioning of a Public Art Element in Huntington Central Park. 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 Jennifer Anderson by email: Jennifer.anderson@surfcity-hb.org. 74 LO n .o N 0� U a� r u �a v m c 0 Of c A 2 v s . • • � ro ro aQj - VI Central Library 0 ra N 0 u_ c G1 C7 Y: v � r 76 tl p^71 ?sp. A On r F � 7 MIN � h y rR 77 t a t ° � ter. 4 � q d •„�.� �.-�4 , .,. III . ''" g:, a � ; uun iw �:xt4 #a i r✓ro � t �' '!�p •j t ''�, 'a .e i^ Wj ;i '`! j" Sr r $ 'N4 1 1 • �- -01 < a s � ` ♦t � ca Imo° s w „p. s ...wv.,,-,. ,�...m.,... r•"„new'..:. ,�'�,- �*�.� ""�*w,,,, •+.. .. e —owl — s a } y: } a. R b'C• 80 ATTACHMENT #3 RDg Art Studio We are pleased to submit our qualifications to the City of Huntington Beach for the public art project at Huntington Central Park. I represent the artist team of Matt Niebuhr and David Dahlquist for the Art Studio at ROG Planning&Design. Our work is recognized for a dynamic synthesis of art&architecture and for connections between site specific narrative&function.We are especially interested in your project for the potential of creating an installation that responds to the natural beauty of your historic park, enhancing park visitor experiences,and inspiring connections to the significant architectural presence of the Central Library. Our approach to your project and public art is built upon the relationship of three principles carefully attended and executed in all our work: Story I Structure I Site. Story.Understanding story leads our effort. Story is how we approach your project with authenticity.We engage in site- specific research, artistic fact finding,stakeholder interviews,community interactions,and site visits critical to the conceptual development of a project.Through research we learn and reflect upon the unique character of the city, of Huntington Central Park and the Central Library with the intent that that research and stakeholder vision is infused into the artistic response. Structure.We believe that every public art element should include an element of usefulness—this is to say that the public is invited to look, to touch,to sit upon or be sheltered by the work.We understand the value of functional aspects such as shade and shelter or seating as a part of the invitation for human interaction and this inspiration is reflected in our work. For your project,we can imagine an element that is both useful and beautiful. Site. Each installation is site specific to the physical and cultural nuances of a given location. Our installations are inspired by connections to the natural landscape, both real and symbolic, historic and contemporary.Site specifics include views—both to and from the installation and perhaps celebrating specific flora that is special to your Central Park.Site also includes considering the proximity to the Library and fountain, human scale,and orientation regarding natural light and potential illumination. The projects we have submitted are examples similar in nature to your project. Each creates a unique space to "enter into the story" connecting it to place. Made of durable and lasting materials, serviceable illumination, (316 stainless steel and high- performance coated metals, glass, GRFC and custom ceramics—all durable considerations in a marine environment), each installation creates an iconic form in daytime and includes an aspect of lighting, thoughtful of the site as it changes from day to night. The projects function as storied artifacts and wayfinding markers, pivotal to the site. Our studio regularly collaborates with design professionals and engineers and we welcome interaction with stakeholders throughout the process of the development of the project. We are fully capable of sharing our process through virtual means(teleconference, ZOOM, etc) and expect to engage with City departments and staff for regular interactions during the concept development as well as preparing digital assets to convey conceptual designs and detailed plans for the review and approvals process. We appreciate your consideration of our qualifications and we look forward to exploring the unique story of Huntington Central Park, Central Library and most importantly to work with you to create a meaningful and exciting art experience. Sincerely, Matt Niebuhr and David Dahlquist Artists RDG rlar,mng&oeslg Art Studio 3,01 Grand Atie el 515284.1675 Des Moines,lc�,a 50309-1718 lax 51 5.288.8S_17 v;=�vl.rd g usa.co m Rp4;IA Inc 0 1 RDge ,* Art Studio PLANN NG 0 DESIGN Matt Niebuhr CREDENTIALS: Iowa State University,Bachelor of Architecture with Distinction,1992 AIA School Gold Medal 2004—1996 Editorial Board member,Iowa Architect Magazine 2001 AIA Iowa Convention Chair 2000 AIA Iowa Convention Awards Chair University of Iowa Museum of Art Membership Council Board Member-2012-2014 PUBLIC ART CityCentre Public Art Project- Travelers-Huntsville,Alabama COMMISSIONS/ Public art integrated into three sites including Big Spring Park,CityCentre Plaza,and Redstone Park. COLLECTIONS (SELECTED): Lake Como Park-Do Something Good for your Neighbor- Fort Worth,Texas Public art in park to honor the history of the area. Streetscape Roundabout- Vessel-Toledo, Ohio Public art installation on roundabout at the intersection of Cherry Street and Manhattan Boulevard. Adams County Human Services Center-Gather-Westminster, Colorado Public art to create entrance to Human Services Center. Texas Tech University Theatre Dance Complex -All the World's a Stage- Lubbock,Texas Public art to create entrance to Performing Arts Center. RDG Planning&Design-Murmuration- Des Moines, Iowa Interior/suspended installation. Streetscape/Plaza Art Integration -Both/And.•State Street Confluence- Madison,Wisconsin Art integration into plaza/streetscape. Iowa State University -Lily Pavilion-Ames, Iowa Art in State Buildings Commission.Public art installation. Davenport Riverfront-Master Plan- Davenport, Iowa Master plan,initiated by the Figge Art Museum,for the riverfront,including community engagement. Performing Arts&Event Center-Hylebos Harmonics- Federal Way,Washington Internal and external public art integration. Trails Master Plan&Installation - Waukee Railroad Pergola:In the Shadow of the Rails -Waukee, Iowa Integration of public art into trails and trail head,connecting multiple communities. Elmendorf Lake Park- `Aguas onduladas"(rippling waters)-San Antonio,Texas Public art integration into new park. Blackie Chesher Park-Sun Pavilion- El Paso,Texas Integration of a public art shade structure into park. Justice Center -the weight of your heart/the weight of a feather-Leawood, Kansas Integration of public art into the construction of a new justice center. West View Park-Middy and Basil Deegan Community Pavilions-Spencer, Iowa Integration of public art into park pavilions. 82 Port Everglades Entryway-Broward County, Florida Integration of public art into entryway checkpoint. East Water Treatment Plant - Water, You and 1 Boynton Beach, Florida Art integration into public space in front of water treatment plant. Hovde Properties -Isthmus- Ovation Fireplace- Madison,Wisconsin Integration of public art into luxury apartment lobby. Simpson College Plaza - "Beneath the Whispering Maples"- Indianola, Iowa All integration into plaza including leaf pavers and sculptural icon. Trails Art Plan -Waukee, Iowa Art concept visualization and graphic representation. Science Center of Iowa -Feisal Sayeed Memorial- Des Moines, Iowa Art installation based on Stephan's Quintet in the constellation Pegasus. Streetscape Art Integration - "Of Water, Light, and Stone"- Rochester, Minnesota Integration of public art into 2nd Street Transportation Corridor. Iowa State University Memorial Union -Ames, Iowa Architectural design,visualization,and documentation including construction administration for food court,student body offices. University of Texas Multipurpose Center -Dallas,Texas Design,visualization,charrette facilitation. Iowa State University Palmer Human Development&Family Studies -Ames, Iowa Architectural Intern,developed architectural details to integrate work in building lobby. Iowa State University Research Park -Economic Core Facility-Ames, Iowa Architecture and project designer. Pioneer Hi-Bred International Capital Square -Des Moines, Iowa Interior architectural design. University of Florida Tennis Facilities -Gainesville, Florida Architectural design,visualization,and documentation including construction administration. Maytag Building -Newton, Iowa Architectural design,visualization,and documentation including construction administration. Northwestern University Tennis Center- Evanston, Illinois Design visualization. Carnegie Mellon University*-Nano Bio Energy Technologies Building-Pittsburgh, Pennsylvania Senior-Designer,Documentation Leader/Consultant Coordination-Schematic Design. Stanford University* - Graduate School of Business Campus Expansion- Palo Alto, California Lead exterior design and documentation. University of Iowa* -Art Building, School of Art and Art History- Iowa City, Iowa Design and Documentation project leader SD through CD,Lead CA administration through to completion. Denotes work done prior to RDG 0400 83 AWARDS (SELECTED): 2020 Design BuiltAward of Merit-Iowa ChapterASLA-Waukee Railroad Pergola"In the Shadow of the Rails" 2019 Excellence in CraftAward-Iowa ChapterAIA-Aguas onduladas,San Antonio 2018 Public Spaces MeritAward-CODAawards-"Sun Pavilion" 2017 Community Appearance Award-City of Fort Lauderdale,Florida-Welcome to Port Everglades WORKSHOPS & PRESENTATIONS (SELECTED): 2020 Industry Presentation—"The Art of Collaboration"-Speaker-CODAworx Summit 2020-Virtual Summit 2020 How We Did It:Creating Winning Public Art Proposals-Panel Member-CODAworx Summit 2020-Virtual Summit 2019 Heart,Head,&Hand-Speaker-CODAworx Summit 2019-El Paso,Texas 2018 Public Art Process-Sun Pavilion-Speaker-CODAworx Summit 2018-Santa Fe,New Mexico EXHIBITIONS (SELECTED)': 2016 Art out of Context:Possibilities in the Public Realm-University of Iowa Museum of Art-Iowa City,Iowa 2016 Celebration of Architecture-ft2 Exhibition-Des Moines Art Center Gala-Des Moines,Iowa 2015 Iowa Artist-Art at the Cafe-Iowa Arts Council-State Historical Museum of Iowa-Des Moines,Iowa 2012 Get Drawn In-First Friday Featured Artist-University of Iowa Museum of Art-Iowa City,Iowa 2011 Drawings-Stumptown-Division Street-Portland,Oregon 2010 Drawing Paper#2-1 Oth Liverpool Biennial'Touched'-Liverpool,England Personal work by Matt Nlebuhr-West Branch Studio. Over 125 works in private and corporate collections through-out the United States,including international private collections in Australia,France,Sweden,Switzerland,and Thailand. CONTACT: Matt Niebuhr 515.473.6423 mniebuhr@rdgusa.com 84 RDge- * Art Studio PLANNING 0 DESIGN David B. Dahlquist CREDENTIALS: New York State College of Ceramics at Alfred University,Alfred New York,Masters of Fine Arts,1983 University of Wisconsin-Madison,Madison,Wisconsin,BS in Art(Ceramics),Honors Graduate,1980 Greater Des Moines Public Art Foundation Executive Committee,Co-chair,appointed by Mayor Public Task-force,Responsible for first City Commission and Ordinance,2002-2012 Americans for the Arts,Member 2013-present National Council on Education for the Ceramic Arts(NCECA)Member 1981 -present Des Moines Metro Arts Alliance,Board Member(advisory),Former Des Moines Public Schools Foundation,Board Member,Former _____...._.............._. TEACHING Ceramics Instructor/Program Coordinator—Des Moines,Iowa E X P E R I E N C E Des Moines Art Center and a consortium of Central Iowa Colleges and Universities,including Heartland AEA,Drake University,Grand View (SELECTED): College,Des Moines Area Community College, 1994-Present Anderson Ranch Arts Center Visiting Artist—Aspen,Colorado Teaching with Don Reitz and Elmer Taylor,August 2001,August 2002 Iowa Sister States-Cultural Delegate/Lecturer-Tangshan&Jingdezhen—Beijing,China, 1997 Assistant Professor—Iowa State University,College of Design,Ames,Iowa, 1987-1993 Artist-in-Residence/Ceramics Instructor—Des Moines Art Center,Des Moines,Iowa Edmundson Art Foundation, 1983-1988 Over eighty workshops/presentations to schools,colleges,&universities nationally. PUBLIC ART CityCentre Public Art Project- Travelers-Huntsville,Alabama COMMISSIONS/ Public art integrated into three sites including Big Spring Park,CityCentre Plaza,and Redstone Park. COLLECTIONS (S E L E C T E D): Lake Como Park -Do Something Good for your Neighbor-Fort Worth,Texas Public art in park to honor the history of the area. Streetscape Roundabout - Vessel-Toledo,Ohio Public art installation on roundabout at the intersection of Cherry Street and Manhattan Boulevard. Iowa Department of Transportation -Art-in-Transit- 13 Iowa Counties 16 major site-specific Art-in-Transit commissions for rest areas&welcome centers in the following counties:Adair(east/west bound),Cedar, Decatur,Franklin,Jasper,Johnson(east/west bound),Iowa,Linn,Polk(north/south bound),Pottawattamie,Scott,Story,&Woodbury. Texas Tech University Theatre Dance Complex -All the World's a Stage- Lubbock,Texas Public art to create entrance to Performing Arts Center. Adams County Human Services Center -Gather-Westminster, Colorado 2019.Public art to create entrance to Human Services Center. RDG Planning&Design -Murmuration- Des Moines, Iowa 2019.Interior/suspended installation. Streetscape/Plaza Art Integration -Both/And:State Street Confluence- Madison,Wisconsin 2019.Art integration into plaza/streetscape. Streetscape Art Integration -Hillsborough Street-Raleigh, North Carolina 2019.Roundabout features based on the history of the area. Performing Arts&Event Center -Hylebos Harmonics- Federal Way,Washington 2018,Internal and external public all integration. Iowa State University -Lily Pavilion-Ames, Iowa 2018.Art in State Buildings Commission.Public art installation. Trails Master Plan&Installation - Waukee Railroad Pergola:In the Shadow of the Rails -Waukee, Iowa 2018.Integration of public art into trails and trail head,connecting multiple communities. 85 Elmendorf Lake Park- `Aguas onduladas"(rippling waters)-San Antonio,Texas 2018.Public art integration into new park. Blackie Chesher Park -Sun Pavilion- El Paso,Texas 2017 Integration of a public art shade structure into park. Justice Center -the weight of your heart/the weight of a feather- Leawood, Kansas 2017,Integration of public art into the construction of a new justice center. Washington DC Metro Transit Authority -Art-in-Transit-McLean,Virginia 2016,Artwork for Greensboro Station of the Dulles Metrorail. West View Park -Middy and Basil Deegan Community Pavilions-Spencer, Iowa 2015.Integration of public art into park pavilions. KCPD East Patrol Station&Crime Lab-"We are a Bowl-Empiy Earthen Vessels Waiting to be Filled'-Kansas City,Missouri 2015,Integration&community engagement installation for entrance to new police facility. Simpson College Plaza - "Beneath the Whispering Maples"- Indianola, Iowa 2015,Art integration into plaza including leaf pavers and sculptural icon. Streetscape Art Integration - "Of Water, Light, and Stone"-Rochester, Minnesota 2015,Integration of public art into 2nd Street Transportation Corridor. Klopfenstein Amphitheater for the Performing Arts -Lowe Park, Marion, Iowa 2014,Iconic sculptural stage and performance venue. Capitol Avenue Streetscape -Artwork Integration-Springfield, Illinois 2014,Design and fabrication of artwork integrated into a 16-black streetscape. Streetscape Art Integration - "Tree of Life"-Omaha, Nebraska 2013,Artwork integration&transformation to 5-block historic district. Bridge and Bus Shelters Art Integration - "Needle& Thread"- Nashville,Tennessee 2012,Metro connector bridge and bus shelter. Martindale Light Rail Transit Station Public Art - "Confluence"-Calgary,Alberta, Canada 2012.Art-in-Transit integration to sound barrier walls. High Trestle Trail Bridge - "From Here to There"-Madrid, Iowa 2011,Artwork integration into the fifth longest pedestrian and bicycle bridge in the United States. Missouri Department of Transportation -Art-in-Transit- New Madrid and Pemiscot Counties 2011,Artwork integration into Marston and Hayti Rest Areas and Welcome Centers in southern Missouri. Transportation Corridor Integration - "Night Lights:Healing Shelters"-Rochester, Minnesota 2008,Based on the healing properties of Minnesota indigenous plant life,illuminated installation in front of the Mayo Clinic. R&R Realty Paragon Prairie Tower-Urbandale, Iowa 2007, The largest Italian glass mosaic mural in the United States—120'x 16'with surrounding plaza and lake.Cultural landmark. Represented in over seventy corporate,public,and private collections. 86 AWARDS (SELECTED): 2020 Design Built Award of Merit-Iowa ChapterASLA-Waukee Railroad Pergola"In the Shadow of the Rails" 2020 Design BuiltAward of Honor-Iowa ChapterASLA-Central College Peace Mall 2019 Award of Merit with Distinction-Masonry Institute of Iowa-Grinnell Central Park 2019 Excellence in CraftAward-Iowa ChapterAIA-Aguas onduladas,San Antonio 2019 Design BuiltAward of Merit-Iowa ChapterASLA-Grinnell Central Park 2018 Design Excellence HonorAward in Historic Preservation-Central States AIA-Ottumwa Theater 2018 Best Use of Materials&Detailing-Masonry Institute of Iowa-Ottumwa Theater 2018 Public Spaces MeritAward-CODAawards-"Sun Pavilion" 2017 Community Appearance Award-City of Fort Lauderdale,Florida-Welcome to Port Everglades 2017 Donald F.Lamberti Hometown Pride Vision Award-Keep Iowa Beautiful 2016 Excellence&Innovation in the Arts Governors'Award-State of Iowa 2016 Experience Video Award-CODAvideo Awards-High Trestle Trail Bridge 2016 Concept Video Award-CODAvideo Awards-"Windfarming" 2016 Great Places in America-American Planning Association-"Tree of Life"Public Art 2015 Transportation MeritAward-CODAawards-"Technology Columns" 2013 Soul of CommunityAward of Excellence from the City of Omaha-"Tree of Life"Public Art 2013 Recognition-Nebraska Chapter,American Planning Association(APA)-"Tree of Life"Public Art 2012 #12 of over 400 International Projects-Public Art Network Year in Review-High Trestle Trail Bridge 2012 Regional Lighting Section Award-Iowa Minnesota Illuminating Engineering Society-High Trestle Trail Bridge 2012 Merit-IES Illuminating Engineering Society National Illumination Award-High Trestle Trail Bridge 2011 MeritAward of Excellence-American Institute of Architects(AIA)-High Trestle Trail Bridge 2011 Shortlisted-London International Creative Competition Awards-High Trestle Trail Bridge 2009 School of Education Alumni Award-University of Wisconsin-Madison 2008 Merit-Spectrum International Award-R&R Paragon Prairie Tower 2006 Grand Award-Masonry Institute of Iowa-Roth Memorial Fountain 2005 MeritAward,Non-Built Category-American Society of Landscape Architects(ASLA)-"Tree of Life"Public Art 2003 Engineering Excellence Award-American Council of Engineering-Iowa Department of Transportation(IDOT) 2001-2002 American Spirit Grant Recipient-National Endowment for the Arts Administered by the Iowa Department of Cultural Affairs,Iowa Arts Council 2000 HonorAward of Excellence, Craft-American Institute of Architects(AIA),Iowa-Salisbury House Roof Restoration 1996-1997 Grant Recipient-Iowa Arts Council-The"Head/Shell"Project 87 EXHIBITIONS (SELECTED): 2017 30th Anniversary Tile Heritage Foundation Invitational Exhibit-The Mercer Museum-Doylestown,Pennsylvania 2017 CODAawards Exhibition-The Octagon Museum of the AIA Foundation-Washington,DC 2014-2015 Making Art Public-Iowa Arts Council Gala Exhibit-State Historical Museum of Iowa-Des Moines,Iowa 2014 Generations of the Paoli Clay Family Show-J Nikolai Art Gallery-Milwaukee,Wisconsin 2013 Architecture#2 Exhibition-Kaneko Gallery-Omaha,Nebraska 2012 Influences-Invitational Ceramics Exhibition-Texas Tech University-Lubbock,Texas 2010-2011 New School of Education Inaugural Exhibition-University of Wisconsin Madison-Madison,Wisconsin 2009 Bindley Collection-Dane County Airport Exhibition-Madison,Wisconsin 2008 Yuma Symposium-Yuma Art Center Invitational Exhibition-Yuma,Arizona 1999 Contemporary Clay:Master Teachers/Master Students-Bowling Green State University-Bowling Green,Ohio 1999 National Invitational Ceramics Exhibition-University of Iowa-Iowa City,Iowa 1997 Vail/Giesler Contemporary Art Gallery-Des Moines,Iowa 1994 Percival Galleries-Des Moines,Iowa 1993 World Clay Stomp`93-Northern Arizona University Art Museum-Flagstaff,Arizona 1993 Seventh Annual National Ceramic Competition-San Angelo Museum of Fine Arts-San Angelo,Texas 1991 Mid American Dimension-Lazzaro Signature Gallery-Stoughton,Wisconsin 1991 National Council on Education for the Ceramic Arts-Arizona State University Museum of Art-Rudy Turic Collection-Tempe,Arizona 1990 National Council on Education for the Ceramic Arts-Taft Museum-Cincinnati,Ohio 1989 ClayAZArt International Ceramic Conference-Northern Arizona University-Flagstaff,Arizona 1988 20th Anniversary Exhibition-The Octagon Center for the Arts-Ames,Iowa 1988 New Iowa Artists Juried Invitational-Des Moines Art Center-Des Moines,Iowa 1988 Dimensions National 3-D Juried Exhibition-Lenexa,Kansas 1988 Showcase of Iowa Artists-The Principal Financial Group-Des Moines,Iowa 1987 Recent Images`87-Lill Street Studios-Chicago,Illinois 1986 New Faces:the Recent Work of David B.Dahlquist-Des Moines Art Center-Des Moines,Iowa 1985 National Council on Education for the Ceramic Arts-Greenberg,Nussbam,Quinlan-St.Louis,Missouri 1984 Clay Celebrations 111 Invitational Exhibition-Olsen-Larson Gallery-Des Moines,Iowa 1984 The Nina Freudenheim Gallery-Buffalo,New York 88 WORKSHOPS & PRESENTATIONS (SELECTED): 2020 Industry Presentation—"The Art of Collaboration"-Speaker-CODAworx Summit 2020-Virtual Summit 2020 How We Did It.Creating Winning Public Art Proposals-Panel Member-CODAworx Summit 2020-Virtual Summit 2019 Heart,Head,&Hand-Speaker-CODAworx Summit 2019-El Paso,Texas 2018 Public Art in Creative Placemaking-Bolz Center for Arts Administration,University of Wisconsin-Madison 2018 Art Wave on the Prairie-Featured Speaker-Keep Iowa Beautiful-Laurens,Iowa 2017 Hometown Heroes-Keep Iowa Beautiful/Iowa Dept.of Economic Development-Speaker-Des Moines,Iowa 2016 American Planning Association Iowa Conference-Speaker-Burlington,Iowa 2015 Adamah Clay Studios-Visiting Artist/Featured Speaker-Bethel Horizons,Dodgeville,Wisconsin 2015 Missouri Main Streets Conference-Speaker-Kansas City,Missouri 2015 Kansas City Police Department/Crime Lab Public Workshops-Kansas City,Missouri 2015 Kansas Recreation&Park Association Conference and Trade Show-Speaker-Topeka,Kansas 2014 Iowa Public Art Network Conference-Speaker/Panel Member-Dubuque,Iowa 2014 Collaborators Panel:Light as Art-Panel Member-CODAmagazine.com 2014 Bike Summit-Featured Speaker-Burlington,Iowa 2013 Preservation Iowa Economic Development Summit-Featured Speaker-Burlington,Iowa 2012 National Safety Rest Area Conference-Featured Speaker-Salt Lake City,Utah 2012 Department of Transportation Economic Development of Public Art-Featured Speaker-Calgary,Alberta,Canada 2011 Global Design Alliance Conference-Speaker-San Francisco,California 2011 No More Starving Artists Workshop-CSPS/Legion Arts-Artist Representative/Speaker-Cedar Rapids,Iowa 2010 Art in State Buildings Summit-Artist Representative/Speaker-Iowa State University-Ames,Iowa 2010 National Safety Rest Area Conference/MISA Conference-Featured Speaker-Louisville,Kentucky 2009 IDA-Speaker/Panel Member, "Tomorrow's Urban Designer:A Master of Interactions"-Milwaukee,Wisconsin 2009 National Value Added Agriculture Conference-Featured Speaker-Moline,Illinois 2009 Art Lofts Grand Opening-Featured Speaker-University of Wisconsin-Madison,Wisconsin 2009 Coverings:International Tile&Stone Exhibition-Speaker/Panel member-Chicago,Illinois 2008 ACEC/IDOT/FHA Conference-Featured Speaker-Des Moines;Iowa 2008 Iowa Nebraska Public Art Networking Conference-Panel Member-Council Bluffs,Iowa 2008 National Safety Rest Area Conference-Featured Presenter-Seattle,Washington 2008 REDDY for Preservation!-Featured Presenter-Sioux City,Iowa 2008 Yuma Art Symposium-Featured Speaker-Yuma,Arizona 2007 Coverings:International Tile&Stone Exhibition-Featured Speaker-Chicago,Illinois 2007 Arts&the Iowa Workforce-Panelist/Featured Speaker-Iowa Arts Council-Des Moines,Iowa 2006 National Tile Heritage Foundation Conference-Featured Speaker-Institute of Art-Minneapolis,Minnesota 2006 Louis Sullivan 1501h Anniversary Conference-Featured Presenter-Grinnell College-Grinnell,Iowa 4166 89 BIBLIOGRAPHY (SELECTED): 2020 ArchitecturalArt IV-Flipboard magazine-CODAmagazine.com 2020 Suspended in Space VI-Flipboard magazine- CODAmagazine.com 2019 Architectural Art 111-Flipboard magazine-CODAmagazine.com 2019 "Royal Flush:Iowa's Interstate Rest Areas"-Online Magazine-Roadtrippers.com 2019 The Art of Transportation-Flipboard magazine-CODAmagazine.com 2018 Placemaking Art IV-Flipboard magazine- CODAmagazine.com 2017 The Written Word-Flipboard magazine- CODAmagazine.com 2017 ArchitecturalArt-Flipboard magazine- CODAmagazine.com 2017 Transformative Walls N-Flipboard magazine-CODAmagazine.com 2016 "Great Place:Neighborhoods,Streets,and Public Spaces"-pages 12-21 -Planning 2016 "Meaningful Change:Placemaking at Simpson College"-pages 68-70-Landscape Architect and Specifier News 2016 Placemaking Art II-Flipboard magazine- CODAmagazine.com 2015 Transformative Walls II-Flipboard magazine- CODAmagazine.com 2015 "Setting the Stage for Music,Mobsters and Memories"-pages 46-54-Landscape Architect and Specifier News 2015 Artful Rainwater Design-pages 38-39,187-191 -Stuart Echols&Eliza Pennypacker,Island Press 2015 A Landscape Architect's Bridge to New Ideas"- Wall Street Journal 2015 CODAFeature:Spotlight on Outstanding Design+Art Professionals-Flipboard magazine- CODAworx 2015 Placemaking-Flipboard magazine- CODAmagazine.com 2014 2015-2017 Strategic Plan-Cover-Americans for the Arts 2014 Public Landscape Street Furniture ll-Preface,166-181 -Hi-Design International Publishing 2014 "Loess is More"-pages 23-26-Landscape Architecture Magazine 2014 Technology&Art-Flipboard magazine- CODAmagazine.com 2013 "281h/31stAvenue Connector"-pages 70-76-Landscape Architect and Specifier News 2013 `Artfully Functional-Form Follows Function"-cover,pages 50-55-Landscape Architect and Specifier News 2012 "More is More South Omaha"-pages 64-70-Landscape Architect and Specifier News 2011 "Bridge to the Past and the Future"-page 88-Parks and Recreation Magazine 2011 "Featured Project"-page 77-Public Art Review 2008 "Featured Project"-page 90 -Public Art Review 2004 "Light Projects"-pages 45-47-Public Art Review 2003 "David Dahlquist:Branding"-Feature Article-Ceramics Monthly 2001 "Bricks and Burnt Earth"-pages 15-16-Claywork in Contemporary Public Art Installations-Public Art Review CONTACT: David B. Dahlquist 515.284.1675 ddahlquist@rdgusa.com 90 RDge so Art Studio PLANNING 0 DESiGN references El Paso Museums&Cultural Affairs Tracey Jerome Director Union Plaza Transit Terminal 400 W San Antonio,Ste A El Paso,TX 79901 (915)212-1767 jerometb@elpasotexas.gov Leawood,City of James Martin,Principal artin(k)c,llc 5500 Goodman St Merriam,KS 66202-2232 (913)485-5267 artinkc@gmail.com Simpson College Ken Birkenholtz Vice President for Business&Finance 701 North C Street Indianola IA 50125 515.961.1512 ken.birkenholtz@simpson.edu 91 IC A ARTS COUNCIL IOWA DEPARTMENT OF CULTURAL AFFAIRS PAST GOVERNOR'S ARTS AWARDS 2016 Recipients Excellence and Innovation in the Arts Award David Dah1quist David Dahlquist leads Iowa and much of the nation in building stronger communities through art as an artist and creative director for RDG Planning and Design.With more than 80 public art projects nationwide,he has helped raise awareness about art in public life by layering his designs with social, economic and environmental meaning.One of his most iconic examples is the spiraling framework he designed for the High Trestle Trail Bridge between Madrid and Woodward,which links a network of trails and draws more than 20,000 visitors every month.It's been featured in the Wall Street Journal and named by the BBC as one of the top eight footbridges in the world. David's projects have earned national recognition for telling the story of Iowa, from our roots in agriculture and railroads to our future in wind energy--and he often uses new techniques to make that happen. He was an early adopter of digital glazing,for example,which involves firing computer images onto clay and glass,and his research helped other artists across the country. Collaboration and Partnership in the Arts Award Fort Dod,ce Community Foundation & United Way The Fort Dodge Community Foundation and United Way recognize how the arts play a key role in economic development by attracting new people to the community and encouraging current residents to stick around.The Community Foundation and United Way also understand how the arts boost educational programs by helping students sharpen their critical thinking,improve their problem-solving skills and grow into creative,productive and collaborative adults. Impact and Accessibility in the Arts Award ArtHaus ArtHaus has initiated a slew of innovative programs over the past two years,including a lecture series involving professors from Luther College,a sound- sculpture park designed by the local composer Brooke Joyce and a local nonprofit called Spectrum Network,which serves folks with disabilities,an Earth Day celebration and a poetry slam with AmeriCorps volunteers.ArtHaus hosts free and low-cost events such as art fairs,gallery openings,concerts,date nights,family workshops,a youth apprenticeship program,and a variety of outreach activities that mobilize people to use the power of the arts for positive change. Arts Learning Leadership Award Turnaround Arts Turnaround Arts:Des Moines has used the arts to improve five schools on the city's north side.Funded by the U.S. Department of Education,the National Endowment for the Arts,and a host of private and corporate donors,the program uses the arts to help turn around lower-performing schools, narrow the achievement gap and develop a stronger sense of community. The program's leaders have brought in well-known local and national artists, including the Oscar-winning actor Forest Whitaker,to show kids and teachers alike new ways to integrate the arts into traditional subjects such as reading,science and math.With their hard work and creative energy,the Turnaround program is turning thousands of students toward a brighter future and a wider horizon. 92 7/6/2015 A Landscape Architect's Bridge to New Ideas-WSJ THE WALL STREET JOURNAL. This copy is for your personal, non-commercial use only.To order presentation-ready copies for distribution to your colleagues, clients or customers visit http://www.djrepdnts.com. http://www.wsj.com/articies/a4andscape-architects-bridge-to-new-ideas-1435682237 LIFE A Landscape Architect's Bridge to New Ideas A visit back home for architect Doug Smith to Iowa always includes a bike ride on the High Trestle Trail Landscape architect Doug Smith stands on the High Trestle Trail Bridge in Central Iowa. PHOTO:DANNYWILCOX FRAZIER/VII FOR THE WALL STREET JOURNAL By HEIDI MITCHELL June 30, 201512:49 p.m. ET As president of the international landscape architecture firm EDSA, Doug Smith has worked in destinations as exotic as Egypt and as local as his home state of Florida. But it was his time growing up in Bayard, Iowa, population 458, that truly shaped his understanding of nature's scale and diversity. "My high school graduating class in 1981 was 23 people," Mr. Smith, 51, says of his hometown,which is about 65 miles northwest of Des Moines. Surveyors designed a 1-mile grid pattern over much of the region in the 19th century, 93 http:/AArww.wsj.com/articles/a-landscape-architects-bridge-to-new-ideas-1435682237 1/4 7/6/2015 A Landscape Architect's Bridge to New Ideas-WSJ creating a straightforward breakdown of land parcels. "But Central Iowa is more diverse environmentally than you would think," Mr. Smith says. Small towns, farmsteads, creeks, river valleys and preserved woodlands are distributed throughout this grid "and these elements serve to break down the vast areas of crop fields and pastures," he says. To access all that variety, Mr. Smith carves out some time during his annual visits to his parents' home in Perry. There he rents a bike and hops on the Central Iowa Trail System, old railroad beds that have been repurposed as biking paths. His favorite portion is the 25-mile-long High Trestle Trail, about 10 miles from Perry. It crosses the Des Moines River via a bridge that gives that section of the trails its name. The High Trestle Trail Bridge stands 13 stories high over the Des Moines River and is a'/2-mile long. PHOTO.DANNY W/LCOX FRAZIER/VII FOR THE WALL STREET JOURNAL "It is perched 130 feet above the valley, so it's pretty dramatic," says Mr. Smith,who studied landscape architecture at Iowa State University. He especially likes the art installation by David B. Dahlquist that spans the bridge. It consists of square frames made of Corten steel,which rusts into an ocher tone. Each frame is twisted at a slightly different angle. "The whole thing looks like a drilling bit to me—a reference to area's history of coal mining," Mr. Smith says. The installation is mounted on 41 spots on the 1/2-mile-long bridge. "It's lit up at night with blue LED lighting and it looks great," he says. Last summer, he loaded his wife and two daughters, ages 11 and 14, into the car and met his parents and brother's family at a crossroads where they could walk to the bridge at dusk. Typically, though, he visits on his bike by day and likes to stop at the interpretive panels 94 http://www.wsj.com/articles/a-landscape-architects-bridge-to-new-ideas-1435682237 2/4 7/6/2015 A Landscape Architect's Bridge to New Ideas-WSJ to read about the Native Americans and the settlers who passed through the region. "For me, the High Trestle Trail represents the expansiveness of the land and the ability to repurpose old things for a modern use,which I do in my practice." EDSA,where Mr. Smith began his career in 1987, did work in 32 countries in 2014. The firm is known for its sustainable designs,which he says means more than just planting indigenous trees. �r 5 A view of the Des Moines River from the High Trestle Trail Bridge. PHOTO.DANNY MLCOX FRAZlER/Vll FOR THE WALL STREET JOURNAL "Wherever you grew up, that left an imprint—the smells and sights and sounds," he says. "As a landscape architect working around the globe,you start to understand other people's imprint, and as a practice,we try to work that cultural and economical connection into our master plans and designs." Biking along the High Trestle Trail helps Mr. Smith reconnect to his own imprint. He likes to wake early and go for 30-mile bike rides to clear his head. "Over time, I have grown to form a different appreciation of the rural Iowa landscape and what it means to the people and their livelihood there," he says. "At this stage in my life, I find that the lifestyle and sense of place evokes a nostalgia that is calming and reassuring to me.And when I bike there, I go totally into relaxation mode." Copyright 2014 Dow Jones&Company, Inc.All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djrepdg�s.com. http://www.wsj.com/articles/a-landscape-architects-bridge•to-new-ideas-1435682237 3/4 RDgA so Art Studio PLANNING DESK"N image list IMAGES 01-03 Title: Beneath the Whispering Maples Owner: Simpson College Year Completed: 2015 Medium: Corten steel,glass,concrete,ceramic,LED lighting Dimensions: 24'x24'x18' Budget: $168,000 Location: Indianola,Iowa Description: Based on the history of Simpson College from a book entitled Beneath the Whispering Maples by Joseph W.Walt,the sculptural icon becomes a destination feature in the center of the new C Street Pedestrian Plaza.Positive/negative images of maple trees in pattern-cut weathering steel are illuminated by LED.Passages from the book are imbedded in glass and illuminated by color changing LED.The sculpture creates a gathering place and photographic moment for college ceremonies and welcoming visitors. IMAGES O4-06 Title: "Aguas onduladas"(rippling waters) Contact: Rebecca Johnson Owner: City of San Antonio,Texas Year Completed: 2018 Medium: Stainless Steel,Lighting Dimensions: 60ft long 24ft wide x 12ft tall overall installation Budget: $386,660.50 Location: Elmendorf Lake Park,San Antonio,Texas Description: The installation is a marker celebrating nature and culture informed by the context of Elmendorf Lake Park and surrounding Westside neighborhood of San Antonio,Texas. The installation suggesting a visual phenomenon of motion,reflection and light on water coupled with the integration of poetry from Dr.Carmen Tafolla—a native westsider—combine to create a welcoming and iconic entry to the neighborhood park.Three wave forms made of cut and formed stainless steel point to the reimagined entrance of the park through site specific placement creating a meandering path inviting people to walk through to the park.The experience of the installation is both ephemeral and visceral functioning as an iconic marker for both vehicular and pedestrian experiences.Native plants at the base of the forms echo the visual movement of waves creating an inviting and supportive habitat for butterflies, bees and hummingbirds.Interior illumination creates a soft glow that is thoughtful of the site as it changes from day to night.Stainless steel finishes and LED lighting create a welcoming glow suggesting a connection with traditional Mexican Lanterns,a warm glow of a neighborhood front porch and the sparkle of the Lake.The integration of selections of poetry from Dr.Tafolla invite people into the story of the work expressing a universal shared human appreciation of natural beauty and a specific celebration and pride of culture rooted in the neighborhood. 96 RDg as Art Studio PLANNING 6 DESIGN image list (continued) IMAGES 07-09 Title: the weight of your heart/the weight of a feather Owner: City of Leawood,Kansas Year Completed: 2017 Medium: Solarium weathering steel,bronze alloy,stone,LED Dimensions: 75 ft long x 15 ft wide x 13.5 ft tall Budget: $322,892 Location: Leawood Justice Center,Leawood,Kansas Description: This installation speaks to the origins of the concept of justice,dating back to ancient Egypt.A specific image depicts a scale or fulcrum, representing the idea of balance and judgement.It makes a comparison in weight between an"ideal"and the"real,"and in so doing,a measurement of truth,virtue,justice and equality.The weight of the heart (soul)is lighter than or equal to the feather of truth,an ostrich feather,the symbol of the goddess MAAT,or"truth." It also shows the representation of justice in nature,featuring the Sweet Chestnut tree, meaning"Do me Justice;"the Rudbeckia,as in a coneflower or black-eyed Susan representing the overall concept of justice,able to thrive if given the opportunity:and Coltsfoot,more likely recognized by the daisy or dandelion,representing "innocence"and that"Justice shall be done." IMAGES 10-12 Title: Gather Contact: Gabriel Rodriguez Owner: Adams County,Colorado Year Completed: 2019 Medium: Weathering Steel,lighting Dimensions: 3 sculptures:8'x17'x7'; 16'x7'x9.5';8'x4'x3' Budget: $300,000 Location: Adams County Pete Mirelez Human Services Center,Westminster,Colorado Description: Gather is inspired by the story of the Westminster region,once a vast 765-acre apple and cherry orchard.The art forms and textures are inspired by the beauty of nature, gathering,bounty,and abundance shared with community. IMAGES 13-15 Title: Sun Pavilion Owner: City of El Paso,Texas Year Completed: 2017 Medium: Aluminum,steel,Tnemec epoxy coating,LED Dimensions: 15'x36'x12' Budget: $250,000 Location: Blackie Chesher Park,El Paso,Texas Description: Entitled"Sun Pavilion,"the public art installation creates an iconic,destination shade structure for Blackie Chesher Park,a large urban park and sports complex in El Paso, Texas.Inspired by Hueco Tanks,an ancient Desert Archaic and Native American Cultural site,patterns of indigenous plant species are illuminated by the ever-changing and ever-present sunlight during the day,and interior LED illumination at night.Laser-jet cut panels in polychromed aluminum evoke the craft traditions of papel picado,or cut-paper patterns and pierced-metal lanterns of the area. 97 c ro �e-a � � ��, wit'• ,. D 04 A .,'�"�Y.•°+w,•aa,. .. _ �� '� � ��" e SST � '; ��'d,. i„ �, nm A r. y I.. IN is as .q. "tr �y ,y r Ilk a b 1 #4 i 4�, � �,,, _.;,,. '{ _.. �. ___�.. _ r } � ti � r a � �y. +� 1 4 I l fj/}r r '♦ L� r `a � �t Pc �! fir t lb ./ � � � � 4� � r, � +trot..!-I' •�.^7 `s r }} s J iF.m WIN Sti ell . ...,,' .fru: � qop '�"� �' i ��?., a � �� .,a�•s'�` �'? --r„ '�`°�-_' �� a ;��°i I I il�'III •®y • • • • • r. * � • • o s ♦ ®•w • •� w. � as a ® ♦ � � • •♦ a • ♦ • O � ~ • • P • -'^`�!T '„ti • ♦ l •• i i �•J �s�f • • • # 4 ♦P • • O o t ••fir •�• PR a a ♦ ♦ a • ♦a a♦e a a S • •o •r � i * + /� c ,• + • • • \ /" a O v as O ,•• •• P • ` ltltlw s� � a• • r ; Pa r n ► a4 too a • • t' • a ® P • r• • •e � p as a�as• a • 1 a'� • it••P t • �P C/• • a as , s♦ a a s s y •••• i a40 �.1� B • !4 � - � { V .+'�'.e. �' 0 4al • � � k� � 8 R A � • ♦ � .! ffi L a • 3 •• •aP Owa J` �I .�+ a ♦a.�S� � b 4 O• w4 ti a• a., 00 ♦b dp q e � V O a♦(. 3 b i •t g a, a• __ J! el • i� P • •sS • ��4• a ♦t i' 4 so see - i PP• •P•• • , • • .w • �a�•1 _. • t, a ♦t♦ •® �w?O .Atssass6s •6 O a • J s a E • t° •! •• }P 0 C too*i4t a _ # Se • • 1 ,, ------^ter } b •• ff ♦c s,9 a r � ' NIZ E \ j�l f— `�- N \`\ 7► '°yam'"" i' - •Rom.•�•• ��i�1+�-'�,�'" `�' Le s r. Y i v _ISO. imp •Ms �n8 t Ilk E I Lam':.. .Ana a t"» All bill ft l J1 tt �1 '� � �� r r��r�t ��..if• SI f� 1�; I�flS1 ��, '1 e q Al I it fr—ltf " �� �C• )+ ✓ '� �, 11 4 '"/; WF €... -y.`_ �'�,;,� ,„ -' � ..... ,..,,,:.,nos � _ � � ��•��L`�'� �8�� � j>�ap_ Y,� f011R'r� "= ,fit►'� TOO oc VT fol �r •,. t t =� Yam» �'.`,= �� t `�� 14 x .% �� r �; .- �� '��j 5-•...,,�may., �;y�,,,,�i `' ��5 f�..�.•`'� "���0....x �'"�..,�+�'_ .� y � � � �i�;°� � �m��,..- . � � gel -„�� � �� i ye�` � �1' � ' - ai -,- .,Fs � � � � �� � � .� ,�'� o .. ..r— ., Y�, '_ � �' � �� l� �� .. ��a .,q�-».� ��.rti � � ,9 J S r � ��� .i�>; ��� '�' � � ."..ry.' .. ,.� ...f'. ..r .,,.- ..,. ....�., ,.. �c �. �' ,� - r ... z, . . ._ .. ,_ <.µ _.___` . _ . ,. ��, ���`� ~�-;.� .� �, ; ,_�. �-� ��� _ �� m.� �-�...tie.b r----- �'-�--�- �,... �o�,,.. ��,.,.. I . CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION COMMUNITY & LIBRARY SERVICES HUNTINGTON BEACH DEPARTMENT TO: Honorable Mayor and City Council Members VIA: Oliver Chi, City Manager FROM: Chris Slama, Director of Community & Library Services DATE: December 3, 2020 SUBJECT: LATE COMMUNICATION REGARDING ITEM #5 APPROVE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG PLANNING & DESIGN ART STUDIO FOR THE COMMISSIONING OF PUBLIC ART IN HUNTINGTON CENTRAL PARK, AND APPROPRIATE FUNDS IN THE AMOUNT OF $300,000 FROM THE PUBLIC ART IN PARKS FUND 236. 1) Attached is a PDF of the signed "Professional Services Contract between the City of Huntington Beach and RDG Planning & Design Art Studio" for the above noted RCA. Wet signatures will be mailed via USPS to replace the digital signatures originally submitted, due to RDG being located out of state. 2) Attached is the updated Request for Council Action noting the correct contract end date of December 7, 2023. The City Clerk will post the contract to your iPads and the website. SUPPLEMENTAL COMMUNICATION Moe" Date: ;Z/0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDG ART STUDIO FOR THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK FOR CENTRAL PARK f THIS AGREEMENT ("Agreement") is made and entered into by and between the City of i i Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RDG IA Inc d/b/a RDG ART STUDIO, a CORPORATION hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to design, fabricate and install a public art work in Central 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 CONSULTANT has been selected to perform these services, NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Matt Niebuhr as representative of RDG IA Inc d/b/a RDG Planning&Design Art Studio who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs mayor I of 11 20.9203/240845 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE The services of CONSULTANT are to commence on December 8, 2020 (the F I "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This I schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and f CONSULTANT. I In the event the Commencement Date precedes the Effective Date, CONSULTANT i shall be bound by all terms and conditions as provided herein. j 4. COMPENSATION i In consideration of the performance of the services described herein, CITY agrees to I E pay CONSULTANT on fixed fee basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, i not to exceed Three Hundred Thousand Dollars($300,000.00). i 5. EXTRA WORK f f In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT 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. i f I f agree/surfnedprofessionalsvcs mayor 2 of I 1 j 20.9203/240845 t f 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. WARRANTIES f r A. Warranties of title CONSULTANT represents and warrants that the Artwork to be created: (a) is solely the result of the Artistic effort of CONSULTANT; (b) is unique and 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 i or claims from any source whatsoever. Notwithstanding the preceding, if the Artwork is part of a series it may be used by CONSULTANT in the future, but not the installed piece, which is unique to the Contract. B. Warranties of Quality and Condition CONSULTANT represents and warrants that: (a)the execution and fabrication of the F Artwork will be performed in a manner consistent with other artists practicing in the same or similar locality under the same or similar conditions; (b) Artwork, as fabricated and installed, will f F 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 I require procedures substantially in excess of those described in the maintenance recommendations to be submitted by CONSULTANT to CITY. The warranties described in this Section shall survive for a period of one (1) year after the final acceptance of the Artwork, with periodic required maintenance, by CITY, according i to directions provided by CONSULTANT. CITY shall give written notice to CONSULTANT of any breach of CONSULTANT's warranty within ninety (90) days of the breach during the one (1) f' { year period after final acceptance of the Artwork. CONSULTANT shall, at the request of the F E: agree/surfnet/professional was mayor 3 of 11 20-9203/240845 CITY, and at no cost to CITY, reasonably and promptly cure the breach of any such warranty which is repairable by CONSULTANT 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.) I 8. HOLD HARMLESS The CONSULTANT agrees, to the fullest extent permitted by law,to indemnify and hold harmless the CITY, its officers, directors and employees (collectively, CITY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent C caused by the CONSULTANT's negligent performance of professional services under this E I Agreement and that of its subconsultants or anyone for whom the CONSULTANT is legally liable. k� The CITY agrees, to the fullest extent permitted by law, to indemnify and hold f harmless the CONSULTANT, its officers, directors, employees and subconsultants (collectively, k. CONSULTANT) against all damages, liabilities or costs, including reasonable attorneys' fees and i defense costs, to the extent caused by the CITY's negligent acts in connection with the Project and E the acts of its contractors, subcontractors or consultants or anyone for whom the CITY is legally liable. i Neither the CITY nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. f 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and finish to CITY a professional liability insurance I. policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance agree/surfnet/professianal Svcs mayor 4 of 11 20-92031240845 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the E scope of work (including subsequent policies purchased as renewals or i replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might I I give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the i required extended period of coverage following PROJECT completion. If insurance is terminated E k for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two i i (2)years to report claims arising from work performed in connection with this Agreement. I If CONSULTANT fails or refuses to maintain the insurance required by this section t or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in i force and paid for, the CITY shall have the right, at the CITY's election,to forthwith terminate this i f C Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive is ' compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work, hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the i foregoing insurance coverage as required by this Agreement;the certificate shall: j; A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force;and agree/surfnet/professional svcs mayor 5 of 11 is 20.9203/240845 i C. shall promise that such policy shall 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 i of cancellation for nonpayment of premium. CONSULTANT 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 coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this i j Agreement. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the I insurance hereinabove required. l I 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this f Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT 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 i payroll deductions for CONSULTANT and its officers, agents and employees and all business l f licenses,if any,in connection with the PROJECT and/or the services to be performed hereunder. t 12. TERMINATION OF AGREEMENT i All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete upon not less than seven days' written notice. Any termination of this Agreement by CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. The CITY shall compensate the CONSULTANT for agree/surfnet/professional svcs mayor 6 of 11 20-9203/240845 i i services provided prior to termination and costs attributable to termination, including the costs attributable to the CONSULTANT's termination of consultant agreements. If the CITY fails to make payments to the CONSULTANT in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for suspension of E performance of services under this agreement. The CONSULTANT shall give seven days' written notice to the CITY before suspending services. In the event of a suspension of services, the CONSULTANT shall have no liability to the CITY for delay or damaged caused the CITY because I of such suspension of services. Before resuming services, the CITY shall pay the CONSULTANT i all sums due prior to suspension and any expenses incurred in the interruption and resumption of the i l I CONSULTANT's services. The fees for remaining services and the time schedules shall be f E E E equitably adjusted. If the CITY suspends the Project, the CONSULTANT shall be compensated for t services performed prior to notice of such suspension. When Project is resumed, the n for expenses incurred in the interruption and resumption of CONSULTANT shall be compensated p p p the CONSULTANT's services. The fees for remaining services and the time schedules shall be equitably adjusted. j Either party may terminate this Agreement upon not less than seven days' written i notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. i I. 13. ASSIGNMENT AND DELEGATION The work hereunder shall not be assigned, delegated or subcontracted by I i CONSULTANT 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 i I, agree/surfnet/professional svcs mayor 7 of 11 20-92031240845 I I subconsultants must satisfy the insurance requirements as set forth in Sections 10 and 11 hereinabove or the comparable General Liability Insurance. 14. COPYRIGHTS/REPRODUCTION RIGHTS i A. General I CITY shall own and possess the Artwork. CONSULTANT retains all rights under i The Copyright Act of 1976, 17 U.S.C. 101 et seq., and other rights in and to the Artwork, except as such rights are limited by this Contract. Because its final form is unique, CONSULTANT shall not j make 3-dimensional replication of the final Artwork, nor shall CONSULTANT grant permission to tY i others to do so except with the written permission of CITY. CONSULTANT 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. Consultant Credit All reproductions by CITY shall credit CONSULTANT and include a copyright notice substantially in the following form: "© [CONSULTANT's name], installation date, date of G publication. C. Consultant Reproduction Credit i CONSULTANT is hereby ranted permission b CITY to reproduce the Artwork in i Y g P Y p. a limited edition, CONSULTANT agrees to include on or in any form of reproduction for the Artwork initiated or authorized by CONSULTANT to credit to CITY. i I i f i is F agree/surfnedprofessional svcs mayor 8 of 11 20-9203/240845 f 15. CONSULTANT's RIGHTS A. General I 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 property maintained and protected in accordance with the requirements of this Contract any breach of which shall void k CONSULTANT's warranties. I C. Repairs and Restoration 1. CITY shall have the right to determine, after consultation with a f professional conservator, when and if repairs and restorations to the Artwork will be made. I I During CONSULTANT's Warranty period,CONSULTANT shall have the right to approve all repairs and restorations, provided, however, that CONSULTANT shall not unreasonably withhold approval for air or restoration of the Artwork. If CONSULTANT pp any repair I C unreasonably fails to approve any repair and restoration, CITY shall have the right to make I f such repair or restoration. To the extent practicable, CONSULTANT, during the lifetime of the Artwork, shall be given the opportunity to make or personally supervise significant i repairs and restorations as recommended by a professional fine art conservator and shall be I I paid a reasonable fee and expenses for any such services provided that CITY and R CONSULTANT shall agree in writing, prior to the commencement of significant repairs or i restoration,upon CONSULTANT's fee for such services. k� f I agree/surfnedprofessional svcs mayor 9 of 11 20-9203/240845 I f 2. All repairs and restoration occurring one(1) year 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 Artwork. 3. De-accessioning of Artwork will occur if one or more of the following conditions exist during the life of the Artwork: I) The Artwork is damaged where repair is impractical or costs exceed the value of the Artwork; II) The Artwork has faults that require repeated and excessive maintenance; III) The Artwork endangers public safety; and/or IV) City Council votes to de-accessioning the Artwork in accordance with all laws. The Visual Artists Rights Act (VARA) provisions regarding CITY's notification of CONSULTANT 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. CONSULTANT shall have first right of refusal to accept the Artwork back. If accepted, CONSULTANT must I I make arrangements at CONSULTANT's sole cost and expense, to remove the Artwork j within thirty (30)days of commitment to accept the Artwork. I D. All repairs and restorations shall be made in accordance with accepted practices i of professional fine art conversation. { E. This contract shall not be construed to restrict CITY's use or disposition of the I property on which or in which CONSULTANT'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 CONSULTANT's Artwork. Permission or approval of CONSULTANT is I not required in these instances. However, it is understood that removal of the Artwork will be after II r all other options have been exhausted. I { F. CITY is responsible for adherence to the requirements of VARA. I I �.` agree/surfnet/professional sves mayor 10 of 11 P 20-9203/240845 i I G. The CITY shall not make any alterations to the Artwork without prior consent and approval of the CONSULTANT. 16. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in i 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. 17. NOTICES j Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove)or to CITY as i I ( 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 I CONSULTANT may designate different addresses to which subsequent notices, certificates or r 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 CONSULTANT: i City of Huntington Beach RDG Planning&Design Art Studio ATTN: Ashley Wysocki 301 Grand Ave i 2000 Main Street Des Moines, IA 50309-1718 Huntington Beach, CA 92648 515-284-1675 ashley.wysocki@surfcity-hb.org mniebuhr@rdgusa.com Notices shall also be sent via email to the parties to avoid any delay in communication. 18. CONSENT 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. agree/surfnet/professional svcs mayor I I of I I 20-9203/240945 i i I 19. MODIFICATION i No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases i 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. f 21. INTERPRETATION OF THIS AGREEMENT i The language of all parts of this Agreement shall in all cases be construed as a B E 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 arbitrator or court of competent jurisdiction to be valid, such holding shall not invalidate or affect the remaining unenforceable, void, illegal or in E; covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent j upon any other unless so expressly provided here. As used in this Agreement, the masculine or I j neuter gender and singular or plural number shall be deemed to include the other whenever the i 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. agree/surfnetlprofessional sves mayor 12 of 1 I 20-9203/240845 22. 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. 23. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and j naturalization laws of the United States and shall, in particular, comply with the provisions of the i United States Code regarding employment verification. 24. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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 i scope of services contemplated hereunder. CONSULTANT understands that pursuant to I Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for i CITY; and CITY shall not be liable for payment of any legal services expenses incurred by f CONSULTANT. i I 25. ATTORNEY'S FEES I In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or 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. I 26. SURVIVAL R F is Terms and conditions of this Agreement, which by their sense and context survive i the expiration or termination of this Agreement, shall so survive. I agree/surfnet/professional sves mayor 13 of 11 20-9203/240845 i 27. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the E State of California. 28. 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 the other party fully for any injuries or damages in the event that such authority 4' or power is not, in fact,held by the signatory or is withdrawn. f ` 29. ENTIRETY k The parties acknowledge and agree that they are entering into this Agreement freely F . and voluntarily following extensive arm's length negotiation, and that each has had the opportunity i 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, i have been made by that party or anyone acting on that party's behalf,which are not embodied in this i Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this i 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. agree/surf ct/professional sves mayor 14 of 11 20-9203/240845 i i 30. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. 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 officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a RDG IA Inc d/b/a RDG Planning&Design municipal corporation of the State of Art Studio California COMPANY NAME a Corporation By: e�n��Fital a'�: City Clerk print name ITS: (circle one)Chairm reside Nice President INITIATED AND'- ND APPROVED: AND By: Director of Community Services e I (circle onl Secretary/ f Financial Officer/Asst. VIEWEZA APPROVED: Secretary-Treasurer _ { City Manager ( APPROVED AS TO FORM: ;4,- � City Attorn agree/surfnet/professional Svcs mayor 15 of 11 20-9203/240845 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) E 1. The CITY seeks to commission artwork for a location at the City's historic Huntington Central Park, adjacent to the Central Library(7111 Talbert Ave., Huntington Beach, CA 92648). f I { The project will consist of a major iconic work adjacent to a water fountain and other park E amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should: create excitement and interest within the community; celebrate the natural aesthetic r of Huntington Central Park; and harmonize with the distinctive architecture of the Central Library. E B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CONSULTANT shall perform all services and furnish all supplies, materials and equipment as necessary for the fabrication and installation of the Artwork, including but not limited f to: shop and as-built drawings, engineering calculations,permits,technical inspections,taxes, �. insurance,materials, labor,tools equipment, subcontractors,transportation and shipping, and all F other items incidental to producing a complete and acceptable Artwork. i 2. CONSULTANT will present to the Project Coordination Committee, written requests for I any significant changes to the scope,design,color, size,material or texture of the artwork not substantially conforming with approved Artwork design. A significant change is one that affects design,installation, scheduling, site preparation or maintenance of Artwork, or concept of artwork as represented in approved designs. 3. CONSULTANT is responsible to store finished Artwork at CONSULTANT's own expense until the CITY is ready for the Artwork to be installed. Installation shall not be reasonably delayed by the CITY, so that CONSULTANT will not be required to store the Artwork for an unreasonable period. EXHIBIT A 4. The CONSULTANT will be responsible for the installation of the Artwork as indicated in the construction drawings and specifications. 5. CONSULTANT will review and provide comments on draft text and images of the Artwork and/or the project for the CITY's website and any print materials, such as postcards or brochures. i 6. CONSULTANT will provide and install, as part of the Artwork budget, a plaque near the Artwork. 6. CONSULTANT will make every effort to attend dedication events for the Artwork and/or the project. 7. Specific tasks and deliverables related to CONSULTANT duties and responsibilities to i i be developed and agreed upon by CONSULTANT and CITY. I C. CITY'S DUTIES AND RESPONSIBILITIES: i 1. CITY will set and coordinate meetings between CONSULTANT, members of the committee, City Departments,and community groups,as needed to complete this scope of work. f 2. CITY will review the designs, drawings, specifications, and if necessary,engineering f F calculations,submitted by the CONSULTANT to ensure conformance with applicable codes, regulations and other requirements. CITY retains the right,but not the obligation,to conduct any i such review, which is intended for the sole purpose of protecting the CITY's interests, only. CONSULTANT acknowledges that CITY's review does not confirm or warrant that conditions are j safe or that CONSULTANT'S work complies with regulatory requirements. 3. CITY shall provide a final proof of the Artwork plaque to the CONSULTANT. 4. CITY will make every effort to inform the CONSULTANT of dedication events for the Artwork and/or the project. EXHIBIT A 5. CITY will coordinate inquiries from the media regarding the Artwork, especially in association with the dedication event. 6. CITY will provide the CONSULTANT with Geotechnical Reports of the site. 7. CITY will provide power to the site. D. WORK PROGRAM/PROJECT SCHEDULE: 1. The work program/project schedule will be developed and agreed upon by the CONSULTANT and CITY. E. RFP: I REQUEST FOR PROPOSAL I i FOR PUBLIC ART PROJECT—CALL FOR ARTISTS Huntington Central Park i EXHIBIT A Community Services Department CITY OF HUNTINGTON BEACH i Released on October 19, 2020 City of Huntington Beach Public Aft Request for Proposal Release date: October 19, 2020 Project intent The City of Huntington Beach Community Services Department seeks to commission artwork for a location at the City's historic Huntington Central Park, adjacent to the Central Library(7111 Talbert Ave., Huntington Beach, CA 92648). The project will consist of a major iconic work adjacent to a water fountain and other park amenities. There is potential for multiple installations that may be permanent or temporary. The artwork should; ➢ Create excitement and interest within the community ➢ Celebrate the natural aesthetic of Huntington Central Park ➢ Harmonize with the distinctive architecture of the Central Library i EXHIBIT A 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 surrounding recreational activity and aesthetic 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, 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 $300,000. 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 f multiple disciplines. Installation The location for the Public Art installation has been identified as an area behind the Central Library (7111 Talbert Ave., Huntington Beach, CA 92648)adjacent to a large water fountain. The fountain is currently in disrepair and the City is in the designing stage of restoration. The installation of the public art work(s)will be placed in an area that can enhance the Park, the Library and the water fountain. The artist will be responsible for providing the art piece(s) as well as all necessary footings. All costs for installation, including architectural details, landscape adjustments, accessibility 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 EXHIBIT A 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. Please review Exhibit A to view photos and link to drone footage of the proposed geographical area. Timeline October 28, 2020—Deadline for Questions, posted to Planet Bid November 2, 2020—Responses to Questions posted to Planet Bid November 13, 2020 - Deadline for RFP materials, must be received by 5:OOpm. November 16-20,2020 - Review submissions Week of December 1, 2020 -Artist Interviews December 11, 2020—Final selection of artist Remaining project timeline to be determined, with a project completion date of June 30, 2021 The City reserves the right to change the project timeline Application Artists interested in this project must prepare and submit the following: k 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 rdsumd. If submitting as a team, a current resume should be submitted for each team member. 4�Fifteen images of the artist's work in jpg format and artists URL if available. Images may be included on a flash drive. Images must be labeled. ,i�References: A list of at least three professional references that have an intimate knowledge of the artist's work and working methods. The list must include complete addresses and telephone numbers. i. SASE for return of materials if submitting hard copies, otherwise electronic applications will be accepted. EXHIBIT A 4. Other: The artist may include up to three selections of support materials such as reviews, news articles, and other related information such as biographies. Deadline is November 13, 2020 at 5:00pm Respondents are required to submit one(1) electronic version via PlanetBids OR a paper proposal mailed, delivered by hand or couriered to following address by Friday,November 12, 2020 at 5:00pm: City of Huntington Beach Purchasing Department— 2000 Main Street Huntington Beach, Ca 92648 Or by e-mail to Jennifer.Anderson&surfcity-hb.ou History and Background Formally established in 1974, Huntington Central Park is the largest City-owned park in Orange County covering over 350 acres of land. The peaceful setting is located on open grass fields with extensive tree and flower plantings. The area is used for a variety of activities such as picnics, biking, and strolling along paved paths. There are four playgrounds, a nature center, lakes, equestrian trails and other amenities. The new Senior Center in the Park and the Central Library are located within Huntington Central Park. The Central Library features an open and light filled floor plan, spacious reading decks, a public computer lab and indoor fountains including a spiral ramp water feature. The building was designed by the architectural firm of Richard and Dion Neutra, and completed by Dion Neutra after his father's death. The modernist facility opened in 1975 and was expanded by Huntington Beach architects Anthony and Langford in 1994. The size of the Library is 115,000 square ft. i The proposed site for the new public art piece(s) is behind the Library. The area consists of a grassy hill that overlooks the larger expanse of the park, with potential connectivity points to flat grass patches and pathways. Another adjacent amenity is an area identified as the Secret Garden, replete with a variety of florals,trees, and massive numbers of butterflies. 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 EXHIBIT A 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. In 2019,the city established a task force to address the need for a public art masterplan. During the project a survey of the community was conducted that demonstrated a desire on the part of local citizens to have functional art(benches,etc.), interactive art,free standing sculptures, statues and/or monuments in Huntington Central Park. This project seeks to accomplish that objective. On September 21,2020, the City Council approved the Mayor to authorize the release of a Request for Proposals and the formation of an Ad Hoc Review Committee for the Commissioning of a Public Art Element in Huntington Central Park. 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 Jennifer Anderson by email: Jennifer.anderson@surfcity-hb.org. f Exhibit A i Gcoaraphical Photos of Proposed Area—7111 Talbert Ave.,Huntington Beach, CA 92648 } i I I EXHIBIT A t ye�ie y. O� ■ �. fix..: i • t �] Central library r rt t - ,. .��. �,�: � " Y"_ 4 ___ i ----- � ..� �� ff ,: ' r ry` -i6�. � � X M "y. �- �_-kru�.� �`� - - -- _._ , „K�.,.,� ,..�: +A A n f t'• � r9 y i 1 ��ti, '-iE.yam- r"�.R _. -__-.. •._r�_�., t�� s .Yn y' v • • L - C s �.p r a,-- ,► _. _ .. � - � _ _,.. � err a Wow vow — ".ow— .0 ".w... ,._ �,�.�c�, fir. '�► 111 Y EXHIBIT "B" i Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth I herein in accordance with the following progress and payment schedules. i j a. Invoice #1 for 10% of total cost —Payment made upon commencement of G concept drawings (after CS Staff review and approval of desired placement, location and context of art piece(s)) b. 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) c. Invoice #3 for 10% of total cost - Payment made after Design Review Board (DRB)presentation and approvals d. Invoice #4 for 25% of total cost - Payment made after City receives Stamped Engineered plans and specifications with all necessary approvals e. Invoice #5 for 25% of total cost - Payment made after fabrication of all i pieces are completed, with photo-documentation of progress i f. Invoice #b for 10% of total cost - Payment made after City has received all pieces for installation i I g. Invoice #7 for 10% of total cost - Payment made after all elements are installed with all appropriate sign-offs 2. Delivery of work product: A progress report shall be submitted on an mutually agreed upon schedule to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; and l D) Include a certification by a principal member of CONSULTANT's firm that the i work has been performed in accordance with the provisions of this Agreement. { i u Upon submission of an such invoice if CITY is satisfied h p ythat CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing within seven (7) days of the reasons for non- approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be I suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance,or until this Agreement has expired or is terminated as provided herein. The CITY shall not withhold amounts from the CONSULTANT's compensation to impose a penalty on the CONSULTANT, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the CONSULTANT agrees or has been found liable for the amounts in a binding dispute resolution proceeding. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. YM Aco la/ 5/25/z CERTIFICATE OF LIABILITY INSURANCE DATE1 02 0f20 o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the cerlificate holder in Ileu of such endorsement(s). 1-800-300-0325 CONTACT Paula Dixon PRODUCER NAME: FA Holmes Murphy & Assoc - CR PHONE . 800-527-9049 A/C No: E-MAIL 201 First Street SE, Suite 700 ADDRESS: ENSURER S AFFORDING COVERAGE NAIC p Ceder Rapids, IA 52401 INSURER A: XL SPECIALTY INS CO 37885 INSURED INSURER D: RDG Planning & Design INSURERC: INSURER D: 301 Grand Avenue INSURER E Des Moines, IA 50309 INSURERF: COVERAGES CERTIFICATE NUMBER:60881416 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDt SUER POLICY EFF PO ICY EXP LIMITS ILTR TYPE OF INSURANCE D POLICY NUMBER MMIDD MMIDO YY COMMERCIAL GENERAL LIABILITY EAW4_E TO $ RRENCE GE TO RENTED CLAIMS-MADE OCCUR PREMIS aeeurr nee $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS•COMP/OP AGG $ POLICY❑PRO LOC $ OTHER: COMBINED SINGLELIMIT $ AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accklenl) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ HIRED NON•OWNEO pet AUTOSONLY AUTOS ONLY $ APPROV UMBRELLA LIAR OCCUR ED AS EACH OCCURRENCE $ EXCESS LIAB HCLAIM54AAOE y: y 'r''� — AGGREGATE $ $ DIED RETENTION MICHAEL E. A WORKERS COMPENSATION TTORNEY sER ETRH• AND EMPLOYERS'LIASILITY YIN ITY OF HUNTINGTON 13EACH E.L.EACH ACCIDENT $ ANYPROPRIETORIPARTNERIEXECUTIVE 0 NIA OFFICERIMEMBEREXCLIIDED4 E.L.DISEASE-EA EMPLOYEE $ (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability DPR9965390 09/O1/20 09/01/21 Par Claim 3,000,000 Annual Aggregate 5,000,000 Claims Made DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) R3004.462.00 - Huntington Beach, CA - Central Park A 30 day notice of cancellation or non-renewal is included on the policy noted above per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach, CA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 USA ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD rjustcr 60881416 DATE(MMMONYYY) ,ac R CERTIFICATE OF LIABILITY INSURANCE 12/15/2020 THI TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLlC1ES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(tes)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER FNE Ferguson LINK Insurance&Risk Management,Inc. 58-0744 ac No:5i5-244-9535 4200 University Ave., Suite 200 -MAIL 71nsurance Imcins.com West Des Moines IA 50266-5945 NAIC# AFFORDING COVERAGE Com a 10677INSURER B:Accideational Ins Com an 10166INSUREDRDG Planning&Design INSURERC:AXIS Com an 37273 301 Grand Ave INSURER D: Des Moines IA 50309 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1116800011 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR POLICY EFF POLICY EXP LIMITS IFNSR LTR TYPE OF INSURANCE PC). NUMBER MWD MMMElYYYY A X COMMERCIAL OF I I GENERAL LIABRITY Y ENP0118475 1/1/2020 1/1/2021 EACH OCCURRENCE $1 DOO 000 AI ES( go.TOREN ED PREMISE oaurrence $500,000 CLAIMS-MADE a OCCUR MED EXP(Any one person $10,000 PERSONAL&ADV INJURY $1,000.000 GENERAL AGGREGATE $2,000,000 GEWL AGGREGATE LIMIT APPUES PER: PRODUCTS•CDMPfOP AGG $2,000,000 O. X POLICY I ECT a LOC $ OTHER: COMBINED GLELIMIT 51,000,000 A AUTOMOBILE LIABILITY Y ENP0118475 1/112020 11112621 Eee •I�en _ BODILY INJURY(Per person) $ X ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ X HIRED X NON-OWNED Para AUTOS ONLY AUTOS ONLY $ A X UMBRELLALIAB X OCCUR ENP0118475 1/1/2020 IM/2021 EACHOCCURRENCE $6,000.000 AGGREGATE $5,000,000 EXCESSLIAB CLAIMS-MADE S DED X RETENTIONS A PER OTH- B WORKERS COMPENSATION WCV8096800 1/1/2020 11112021 X ST E ER AND EMPLOYERS'LIABILITY Y f N E.L.EACH ACCIDENT s 500,000 ANYPROPRIETOILPARTNERlEXECUTIVE ❑ NIA _ OFFICERIMEMBEREXCLUDED7 E.L.DISEASE-EA EMPLOYEE $500,000 (Mandatory In NH) H yes,descdba under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below Deductible:$10,000 C Cyber Liability P-001-060681201-02 11112020 11112021 LgUmIL$1,000,000 $250,000 A Crime-Employee Theft ENP011a475 111/2020 VV2021 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) Re:R3004.462.00-Huntington Beach,CA-Central Park Cityy of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are Addlflonai Insureds-primary and non-contributoryiy- Including products and compieted operations-automatic status when required in Contract With respects to the General Liability policy per form GA472(10I01j City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteers are Additional Insureds When agreed to In a written contract with respects to the Auto Liability policy per form AA288(01116) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach,CA 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:RDGPLAN-01 LOC#: ACoR® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 FGrand FAGENCY &Design urance&Risk Management,Inc.MBER 50309 NAIL CODE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILfTY INSURANCE Auto Liability policy is primary and non-contributory when assumed under an insured contract per form AA288(01/16) Cancellation Notice-30 Days with respects to the General Liability,Auto Liability and Umbrella policy per form IA4087(09/17) Notice of Cancegation/Non-Renewal: 30 days with respects to the Workers Compensation policy per form WC990651(01111) ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy'# NP0118475 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED iN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II - WHO IS AN INSURED, 2. is 2. tract o Agreement Written Con- amended to include: e. Any person or organization, hereinafter If a written contract or agreement be- referred to as ADDITIONAL INSURED: tween you and the additional insured specifies that coverage for the additional (1) Who or which is not specifically insured: named as an additional insured un- der any other provision of, or en- a. Be provided by the Insurance Serv- dorsement added to, this Coverage ices Office additional insured form Part;and number CG 20 10 or CG 20 37 (where edition specified);or (2) For whom you are required to add as an additional insured on this Cover- b. Include coverage for completed op- age Part erations;or under: c. include coverage for"your work"; (1) A written contract or agreement;or and where the limits or coverage pro- vided to the additional insured Is more re- (2) An oral agreement or contract where strictive than was specifically required in a certificate of insurance showing that written contract or agreement, the that person or organization as an terms of Paragraphs 3., 4,a.(2) and / or additional insured has been issued; 4.b., or any combination thereof, of this but only with respect to liability arising out endorsement shall be interpreted as pro- viding the limits or coverage required by of "your work" performed for that addA the terms of the written contract or tional insured by you or on your behalf, A agreement, but only to the extent that person or organization's status as an in- such limits or coverage is included within sured under this endorsement continues the terms of the Coverage Part to which for only the period of time required by the this endorsement is attached. If, how- written contract or agreement, but in no ever, the written contract or agreement event beyond the expiration date of this specifies the Insurance Services Office Coverage Part. If there is no written con- additional insured form number CG 20 10 tract or agreement, or if no period of time but does not specify which edition, or is required by the written contract or specifies an edition that does not exist, agreement, a person or organization's Paragraphs 3, and 4.a.(2) of this en- status as an insured under this endorse- dorsement shall not apply and Paragraph ment ends when your operations for that 4.b.of this endorsement shall apply. insured are completed. 3, SECTION 111 - LIMITS OF INSURANCE is 2. SECTION IV - COMMERCIAL GENERAL amended to in LIABILITY CONDITIONS is amended to in- clude: The limits applicable to the additional insured 1. Automatic Additional Insured Provision are those specified in the written contract or agreement or in the Declarations of this Cov- The written or oral contract or agreement erage Part,whichever are less, If no limits are must be currently in effect or become ef- specified in the written contract or agreement, fective during the term of this Coverage or if there is no written contract or agreement, Part. The contract or agreement also the limits applicable to the additional insured must be executed prior to the "bodily in- are those specified in the Declarations of this jury","property damage"or"personal and Coverage Part. The limits of insurance are in- advertising injury" to which this endorse- iclusive of and not nsurance show initheDeclarations.addition che limits of ment pertains. Includes copyrighted material of Insurance Page 1 of 2 GA 472 10 01 Services Office,Inc„with its permission. g 4. The following are added to SECTION I - c. "Bodily injury" or"property damage" aris- COVERAGES, COVERAGE A. BODILY ing out of"your work" for rcehichaconsoli- has INJURY AND PROPERTY DAMAGE dated (wrap-up) ' program LIABILITY, 2. Exclusions and SECTION I - been provided by the prime contractor I COVERAGES, COVERAGE B. PERSONAL project manager or owner of the con- AND ADVERTISING INJURY LIABILITY, 2. struction project in which you are in- Exclusions: volved. The insurance provided to the additional in- 5. SECTION CONDITIONS,V - MERCIL Other Insurance AL sured does not apply to: LIABIis amended to include: a. "Bodily injury", "property damage" or personal and advertising injury" arising a. agreemeere nt, this inuired surance ancett is contract or primaryand ,out of the: /or noncontributory as respects any other (1) Rendering of, or failure to render, insurance policy issued to the additional any professional architectural, engi- insured, and such other Insurance policy neering or surveying services, in- shall be excess and /or noncontributing, cluding: whichever applies,with this insurance. (a) The preparing, approving or b. Any insurance provided by this endorse- failing to prepare or approve ment shall be primary to other insurance maps, shop drawings, opinions, available to the additional insured except: reports, surveys, field orders, change orders or drawings and (1) As otherwise provided in SECTION specifications;and IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other (b) Supervisory, inspection, archi- Insurance,b.Excess Insurance;or tectural or engineering activities; (2) For any other valid and collectible in- (2) Sole negligence or willful misconduct surance available to the additional of, or for defects in design furnished insured as an additional insured by by, the additional Insured or its "ern- attachment of an endorsement to ployees". another insurance policy that is writ- ten on an excess basis. In such b. Bodily injury or property damage arts- case, the coverage provided under ing out of "your work" included in the this endorsement shall also be ex- "products-completed operations hazard". cess, Includes copyrighted material of insurance Page 2 of 2 GA 472 10 01 Services Office,inc.,with its permission. Dept. ID CS 20-022 Page 1 of 2 Meeting Date: 12/7/2020 _ CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/7/2020 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Chris Slama, Director of Community & Library Services SUBJECT: Approve a Professional Services Contract between the City of Huntington Beach and RDG Planning & Design Art Studio for the commissioning of Public Art in Huntington Central Park, and appropriate funds in the amount of $300,000 from the Public Art in Parks Fund 236. Statement of Issue: To date, the City has accrued $359,000 in restricted public art funds that have to be spent on the development of public art in one of the City's parks (Fund 236 — Public Art in Parks). On September 21, 2020, City Council approved the authorization of a Request for Proposals (RFP) and the formation of an ad hoc review committee for the commissioning of a public art element in Huntington Central Park. To that end, Mayor Semeta appointed selected members of an ad-hoc committee, which working with staff, has completed an RFP process and subsequent artist selection for recommendation. There is now a need for City Council to approve a Professional Services Contract for the commissioning and installation of public art in Huntington Central Park and to appropriate funds in the amount $300,000 for expenditure on the installation. Financial Impact: As of June 30, 2020, the fund balance in the Public Art in Parks Fund 236 is approximately $359,000 (unaudited). As such, funds in the amount of$300,000 are available for appropriation and expenditure. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and RDG Planning & Design Art Studio for the design and installation of a public art piece in a not-to-exceed amount of $300,000. B) Authorize the appropriation of $300,000 in the FY 2020/21 budget, account 23645001, to be used to fund the fabrication and installation of a public art piece in Huntington Central Park. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: Staff has been working during the past several months to identify options for the expenditure of restricted art in public parks funds. Of note, in the fall of 2019, staff conducted an online survey to garner community feedback regarding public art in Huntington Beach. The survey results showed a Dept. ID CS 20-022 Page 2 of 2 Meeting Date: 12/7/2020 significant amount of feedback expressing the desire for public art in parks, and specifically, in Huntington Central Park. Given those survey results, coupled with staff review, it has been recommended that the City Council move forward to expend restricted art in public parks dollars on a project to be located in Central Park. At the September 21, 2020 City Council meeting, Council authorized Mayor Semeta to appoint an ad-hoc Huntington Central Park Public Art Committee (Committee) to help develop a scope of services for a Request for Proposals (RFP), review the proposals, and recommend to the City Council the final artist selection. The Committee was subsequently formed, comprised of two City Council members, three community members, and two staff. Community Services and Purchasing staff worked closely with the Committee to conduct the RFP for the commissioning of a public art piece in Huntington Central Park. The RFP was open for submittals from October 19 through November 13, 2020, and eleven artists responded. The proposals were reviewed by the Committee, and the top five ranking artists were invited to participate in interviews. After interviewing all five top candidates, the Committee unanimously agreed to recommend RDG Planning & Design Art Studio (RDG) as the most qualified artist to commission the artwork for the public art project in Central Park. To that end, staff is recommending approval of a professional services contract between the City of Huntington Beach and RDG for the commissioning of public art in Huntington Central Park. With approval of the proposed contract, the Committee and staff would begin working immediately with RDG on project development. Some key terms and milestones of the contract include: - Contract Term: December 8, 2020— December 7, 2023 - Proposed Milestones (schedule TBD): o Community engagement/input collection conducted by RDG o RDG to present conceptual drawings to Committee for approval o Artist/Staff to present project to the Design Review Board for approval o Fabrication of art o Installation of public art (Tentative completion date: December 2021) As described in the RFP, the iconic public artwork will be installed in Huntington Central Park, within the grass areas adjacent to the library fountain and Secret Garden. It will be original, community and artist generated, and will have to harmonize with and respect the integrity of the unique architecture of the Central Library and natural aesthetic of Huntington Central Park. Per the proposed contract, the payment is set at a not-to-exceed amount of$300,000, and staff is also requesting that Council authorize the appropriation of$300,000 in the FY 2020/21 budget, account 23645001, to be used to fund the fabrication and installation of a public art piece in Huntington Central Park. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain the infrastructure. Attachment(s): 1. Professional Services Contract with RDG Planning & Design Art Studio 2. Public Art RFP Huntington Central Park 3. Sample projects submitted by RDG Planning & Design Art Studio Gonzales, Carrie From: Esquetini,Allison on behalf of Risk Management Insurance Sent: Wednesday, December 16, 2020 11:53 AM To: Gonzales,Carrie;Risk Management Insurance Subject: RE:RDG Insurance Attachments: 0160881416.pdf Good morning Carrie, You can submit this to the City's Attorney's office for approval. Per contract,they only need proof of their professional liability coverage. Thank you, AI 40-0., E4AA-e� Risk Management Specialist I Human Resources City of Huntington Beach 12000 Main Street,Huntington Beach,CA 92648 9: (714)536-5210 A:(714)374-1743 aliison.esciuetini@surfcity-hb.org ....... From:Gonzales,Carrie<CGonzales@surf city-hb.org> Sent:Wednesday,December 16,202010:38 AM To:Risk Management Insurance<RMinsurance@surfcity-hb.org> Subject:RE: RDG Insurance Hi Allison, Yes, it was approved by City Council on 12/7, see attached. Thanks, Carrie From:Esquetini,Allison<allison esauetini@surfcity-hb.orR>On Behalf of Risk Management Insurance Sent:Wednesday, December 16,202010:37 AM To:Gonzales,Carrie<CGonzales surfcity=hb.org>;Risk Management Insurance<RMinsurance@surfcity-hb.ors> Subject: RE: RDG Insurance Good morning Carrie, Is there a contract with RDG? AU 40-v,E4 Risk Management Specialist I Human Resources City of Huntington Beach 12000 Main Street,Huntington Beach,CA 92648 V: (714)536-5210 :(714)374-1743 allison esguetiniCo surfcity-hb.ore From:Gonzales,Carrie<CGonzales2surfcity-hb.org> Sent:Wednesday, December 16,2020 9:10 AM Huntington Central Park Public Art ITEM #20-2068 CITY OF HUNTINGTON BEACH DECEMBER 7 , 2020 SUPPL EMENTAL COMMUNICATION Public Art in Parks The City has accrued $359,000 in pubic art funds, which are restricted specifically to development of public art in City parks In the fall of 2019, the City conducted a survey to garner community input regarding public art in Huntington Beach Results showed a significant amount of feedback expressing desire for public art in parks Input showed that top themes that public art should express are inspire creativity, positive inspiration, beauty, fun, and history :. a Opportunity in Huntington Central Park As part of the FY 2020/21 CIP budget, City Council allocated funds to restore the fountain located on the northwest side of the Central Library Staff has identified an opportunity to incorporate a public art element adjacent to the fountain and/or surrounding areas An accessible, iconic piece would harmonize with and compliment the area t Centrl Wbnry Call for Artists On September 21, 2020, City Council approved to Authorize the release of a Request for Proposals (RFP) to commission public art element in the Central Library Fountain area Authorize Mayor Semeta to appoint an ad-hoc committee to assist in conducting an RFP, and recommend a selection to City Council A committee was formed comprised of two Council members, two staff, and three community members , Ca l l for Artists On October 19, 2020, the City released the RFP to solicit applications from qualified artists for commissioning of public artwork in Central Park Seeking artists capable of fabricating and installing major iconic work adjacent to the fountain and other park amenities Create community interest and excitement, and harmonize with natural park aesthetic and Central Library architecture Consideration of a wide variety of forms for art including free standing sculpture, as well as functional elements such as seating, hardscapes, and other interactive opportunities A total of eleven artists responded to the RFP, and the top five ranked by the Committee were invited for interviews and presentations Following the interview process, the Committee unanimously decided to recommend RDG Planning & Design Art Studio as the artist to complete the public art project in Central Park ,Fa_ RDG PlanningDesign& Art Studio RDG would be engaged to provide the design, fabrication and installation of a public art work. Experience: Over 80 large-scale projects in 16 states and Canada Their team includes dedicated project managers, design professionals and a California licensed engineer Philosophy: • Story— working with stakeholders, community interactions, and site specific research • Structure— public art should be useful, approachable and a gathering point for human interaction Site — connection to natural landscape, surrounding architecture and orientation to natural light and potential illumination r. f cpunry cp`� Professional Services Contract Contract Terms December 8, 2020 — December 7, 2023 Amount not-to-exceed $300,000 Consultant to perform all services and furnish all supplies, materials and equipment as necessary for fabrication and installation of artwork Milestones Develop a project schedule Community engagement and input collection conducted by RDG RDG to present conceptual drawings to Committee for approval Artist and Staff to present project to the Design Review Board for approval ,: Fabrication of art Installation of public art (Target date of December 2021) Next Ste ps/Recom mended Action Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and RDG Planning & Design Art Studio for the design, fabrication and installation of a public art work for Central Park. QUESTIONS ? ' .• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov " 19g9' Office of the City Clerk Robin Estanislau, City Clerk January 11, 2021 RDG Planning & Design Art Studio Attn: Matt Niebuhr 301 Grand Avenue Des Moines, Iowa 50309-1718 Dear Mr. Niebuhr: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the Design, Fabrication and Installation of a Public Art Work for Central Park" approved by the Huntington Beach City Council on December 7, 2020. Sincerely, ��444j� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand