HomeMy WebLinkAboutApprove the Artwork Design and Location for the Huntington C /AA�bVED 6-0
City of Huntington Beach
File #: 21-498 MEETING DATE: 7/6/2021
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 & Library Services
Subiect:
Approve the Artwork Design and Location for the Huntington Central Park Public Art
Installation as approved by the Design Review Board (DRB)
Statement of Issue:
On December 7, 2020, City Council authorized the execution of a Professional Services Contract
between the City of Huntington Beach and RDG Art Studio for the design and installation of a public
art piece. There is now a need for City Council to approve the design and location of the Huntington
Central Park Public Art installation. which was approved by the Design Review Board on June 10,
2021.
Financial Impact:
Funding in the not-to-exceed amount of $300,000 was approved as part of the City Council action on
December 7, 2020, and is currently encumbered in the Public Art in Parks Fund 236, account
23645001.
Recommended Action:
Approve the design and location for the Huntington Central Park Public Art installation, as approved
by the Design Review Board on June 10, 2021.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
At the September 21, 2020 City Council meeting, the City 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, artwork, and location. The Committee was subsequently
formed, comprised of two City Council members, three community members, and two staff.
The RFP was open for submittals from October 19 through November 13, 2020, and eleven artists
City of Huntington Beach Page 1 of 3 Printed on 6/30/2021
-_"em_ara,
File #: 21-498 MEETING DATE: 7/6/2021
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 Art Studio (RDG) as the most qualified artist to commission
the artwork for the public art installation in Huntington Central Park. On December 7, 2020, the City
Council authorized the execution of a Professional Services Contract between the City of Huntington
Beach and RDG.
On January 28, 2021, RDG conducted a virtual town hall meeting and survey to collect feedback
from the community regarding uses of the park space, and visioning for an iconic art piece within
Huntington Central Park. Stakeholders including the Secret Garden, Tree Society, HB Art League,
Huntington Harbour Art Association, the Central Park Collaborative, and various Central Library
groups were invited to attend, in addition to an open call to the public. The virtual town hall and
survey were made available for residents to access for two weeks.
RDG worked closely with the Committee during 2021 . and presented two conceptual designs for
consideration. As described in the RFP, the iconic public artwork is original, community and artist
generated, and harmonizes with and respects the integrity of the unique architecture of the Central
Library and natural aesthetic of Huntington Central Park.
On June 10, 2021 , the Design Review Board approved the final concept presented by the Committee
and RDG. The artwork will be titled "To See Yourself In Nature...," and is comprised of two 13' tall
pillars situated in a serpentine configuration. The concave side of each pillar will have reflective
qualities constructed of hand-treated stainless steel. The convex side of each pillar will be made of
etched brass and include enlarged imagery of a butterfly wing. Large boulders used for seating will
be locally sourced in California, and there will be subtle up-lighting elements installed. The overall
footprint of the artwork will be approximately 384 sq. ft. The artwork is proposed to be installed east
of the Secret Garden, accessible from the existing walking path, and visible from the reading deck of
Central Library.
The Design Review Board issued a Notice of Action and Conditions of Approval, including that the
artist must ensure the stainless steel side of the art piece will not create any glare that may
negatively impact the surrounding area, and that the artwork must be maintained in good appearance
at all times. Additionally, the City Attorney's Office conducted an analysis of Measure C and
determined that Measure C does not apply.
Staff is recommending the approval of the public art design as approved by the Design Review
Board. Upon approval, RDG will begin to fabricate the art piece, with estimated completion of
installation to be in the spring of 2022.
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:
City of Huntington Beach Page 2 of 3 Printed on 6/30/2021
oowere79G Leitwar'"
File #: 21-498 MEETING DATE: 7/6/2021
Community Engagement
Attachment(§):
1 . Professional Services Contract between the City of Huntington Beach and RDG Art Studio
2. Notice of Action from the Design Review Board No. 21-004
City of Huntington Beach Page 3 of 3 Printed on 6/30/2021
oowere7Q7,Legis:aC-
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF IIUNTINGTON BEACH AND j
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
I
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
i
"CITY," and RDG IA Inc d/b/a RDG ART STUDIO, a CORPORATION hereinafter referred to as
"CONSULTANT."
WIiGREAS, 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
i
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:
I
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/surf=t/profetsional svos mayor I of 11
20-9203240945
198
2. CITY STAFF ASSISTANCE
I
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
i�
performance of this Agreement, !
3. TERM: TIME OF PERFORMANCE
The services of CONSULTANT are to commence on December g, 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 j
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/profrasional sves mayor 2 of 11
20-9203240845
199
6. METHOD OF PAYMENT
'i
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. WARRANTIES
I
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 j
i
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
f 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/profmional svos mayor 3 of 11
20.9203/240945
200
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
i
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. PROFESSIONAI. 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
agred surfnet/profenional Svcs mayor 4 of 11
20-92031240945
201
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:
I
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
i
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
1
give rise to future claims.
t
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.
i
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
egnd surfneUprofusionel Svcs ineyor 5 of 11
20-9203240945
202
C. shall promise that such policy shall not be suspended, voided or canceled by
i
either party, reduced in coverage or in limits except after thirty (30) days' f
prior written notice; however, ten (10) days' prior written notice in the event I
I
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
I
work under this Agreement is fully completed and accepted by CITY.
i
The requirement for carrying the foregoing insurance coverage shall not derogate
I
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
i
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
i
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AOREEMFNT '
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
egree!surfneUpmfmsional secs mayor 6 of 11
20-I203/240845
203
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
i
performance of services under this agreement. The CONSULTANT shall give seven days' written
I
notice to the CITY before suspending services. In the event of a suspension of services, the
i
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/surf ct/professional sm mayor 7 of 11
20.9203240845
204
subconsultants must satisfy the insurance requirements as set forth in Sections 10 and 11
i
hereinabove or the comparable General Liability Insurance.
I
14. COPYRIGHTS /REPRODUCTION RIGHTS
i
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
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: "® [CONSUI.TANT'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.
agred surfneVprofr sional secs mayor 8 of 11
20-9203/240845
205
15. CONSULTANT's RIGHTS
A. General
i
In all matters pertaining to the Artwork and its maintenance, including but not i
i
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
i
the integrity of the Artwork. CITY shall reasonably assure that the Artwork is properly maintained
i
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 j
i
all repairs and restorations, provided, however, that CONSULTANT shall not unreasonably
i
withhold approval for any repair or restoration of the Artwork. If CONSULTANT j
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/surfneVprofessional sva mayor 9 of 11
20-9203/240845
206
2. At[ 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 j
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)
i
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.
F. CITY is responsible for adherence to the requirements of VARA.
agredsurf ct/prormional Svcs mayor 10 of 11
M9203240845
207
G. The CITY shall not make any alterations to the Artwork without prior consent and
approval of the CONSULTANT.
3f
16. CITY EMPLOYEES AND OFFICIALS
I
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 I hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a scaled 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-retum 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 51S-284-1675
ashley.wysocki@surfcity-hb.org mniebuhr@r•dgusa.com
Notices shall also be sent via email to the parties to avoid any delay in communication.
I
18. CONSENT
When CITY's consent/approval is required under this Agreement, its
f consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
r subsequent occurrence of the same or any other transaction or event.
agme/surfncVpmfeslonal svomayor 11 of I I
20-9201240845
208
i
19. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
i
20. SECTION HEADINGS
I
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 j
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the f
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
i
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/surfncl/professiunal sm mayor 12 of 11
20-9203/240945
209
22. DUPLICATE ORIGINAL
i
The original of this Agreement and one or more copies hereto have been prepared I.
C
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
I
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
I
naturalisation 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 j
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 attomey'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.
agred surfneVprofmiwal sues mayor 13 of 11
20-9203/240845
210
27. GOVERNING LAW I
This Agreement shall be governed and construed in accordance with the laws of the
I
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
I( parties respecting the subject matter of this Agreement, and supersede all prior understandings and
II agreements whether oral or in writing between the parties respecting the subject matter hereof,
I4
I
1
l
ag=J surrnetlprofmional Svcs mayor 14 of 11
20-9203240945
211
30. EFFECTIVE DATE
I
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:
City Clerk
print name
ITS: (circle one)Chairman reside Nice President INITIATED A APPROVED:
AND
By:
Director of Community Services
G �
I (circle on Secretary/ f Financial Officer/Ant. 7,DAZAPPROVED:
Secretary-TreasurerCity Managgerr
APPROVED AS TO FORM:
J -n City Attorn
agree/surfnet/professional svcs mayor 15 of 11
20-9203240845
212
i
EXHIBIT "A"
i
i
I
A. STATEMENT OF WORK: (Narrative of work to be performed)
i
1. The CITY seeks to commission artwork for a location at the City's historic Huntington j
Central Park, adjacent to the Cenral Library (711 l 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 j
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. CONSUL'I'ANT'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
1 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
213
4. The CONSULTANT will be responsible for the installation of the Artwork as indicated
i
in the construction drawings and specifications. I
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.
I
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:
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.
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
214
I
5. CITY will coordinate inquiries from the media regarding the Artwork, especially in
association with the dedication event.
i
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:
•u o'
REQUEST FOR PROPOSAL
FOR
PUBLIC ART PROJECT—CALL FOR ARTISTS
Huntington Central Park
EXHIBIT A
215
Community Services Department
CITY OF HUNTINGTON BEACH
I 1
Released on October 19, 2020
I
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
216
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.
I
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.
i
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
217
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.
I
I
Timeline
I
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.
i
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 i
The City reserves the right to change the project timeline
I
Application
Artists interested in this project must prepare and submit the following:
t 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 rdsum6. If submitting as a team, a current r6sum6 should be submitted for each team
member.
1 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.
y 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.
1 SASE for return of materials if submitting hard copies, otherwise electronic applications will
be accepted.
EXHIBIT A
218
l Other: The artist may include up to three selections of support materials such as reviews,
news articles, and other related information such as biographies.
i Deadline Is November 13, 2020 at 5:O0pm
Respondents are required to submit one(1) electronic version via PlanetBlds OR a paper
proposal mailed, delivered by(rand or couriered to following address by Friday, November 12,
2020 at S:OOpm:
City of Huntington Beads
Purchasing Department—
2000 Main Street
Huntington Beach, Ca 92648
Or by e-mail to Jennifer.Anderson(o)surfcity-hb.orp
History and Background
Formally established in 1974, Huntington Central Park is the largest City-owned park in Orange
County coveting 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
219
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.
I
I
Selection Process
i
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. i
Additional Information
I
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 Talhert Ave.. Huntington Beach, CA 92648
EXHIBIT A
220
T
^O
4
,ray
7
m . . . . . •
:3
r '
cr
. a .
1.
4
N
INK
-i
�r
�I 1w
s� 1w:�.
f.a. �s.�e ri•t �i'S(�.
101.
r .
1 ... 1. .._....• ,� '\ate
< ---ate- — ar-:_:,rr•�,1�.-�� .-
: s_
. .1 .. .:i �'��.' �I r• .1 \ • . 11LtA
vL
-,` -�- Apr _ -
dhw
M
T
r
f
s
. red
EXHIBIT"B"
Payment Schedule (Fixed Fee Payment) i
i
I. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth C
herein in accordance with the following progress and payment schedules.
1
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) {
i
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
I
e. Invoice #5 for 25% of total cost - Payment made after fabrication of all
pieces are completed, with photo-documentation of progress
f. Invoice 46 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.
I
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. I
227
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 i
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 penally 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.
i
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
I 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.
I
i
I
i
I
i
I
228
D 2/15 10TR1'YYYI
acoRo® CERTIFICATE OF LIABILITY INSURANCE 17/15/7D2O
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,tho RICO..) must s I e0 may NeQ ulNo an c_ provisions
menL A be endorsed.
If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy, policies
this certificate does not confer rights to the certlficato holder In lieu of such endorsement 8).
PRODUCER 1-B00-300-0335 Paul. OLxon
Holman Murphy 6 Anson - CR PHONH! B00-527.9049 q'
.MAIL
201 Pirat Street $B, Suite 700 INSURER AFFORDING COVERAGE NAIC0
Ceder Rapids, IA 52401 _ INSURER A: XL SPECIALTY INS CO 37005
INSURED INSURER a:
ADO Planning a Deign INBURCR C:
INSURER 0
3D1 Grand Avonuo INSURER a
Dan Moines, IA 50309 INSURER P:
COVERAGES CERTIFICATE NUMBER:60081416 REVISION NUMBER:
THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOIXREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMCH 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.
Ns S PO EF EXP LIMITS
L TYPE OF L"URANCE POLICYNUMSER IN
e M OD
COMMERCIAL GEN EA�l AL LIAOR.HY
I EACH OCCUiRENCE S
CLAIMS-MADE -1 OCCUR f
MED EXP eIp Saw S
PFASONAId Ab✓INNRY f
G1U:EWLL ApOPEOATE 3
GENLAGOREOATE UppMIi APPLIES PEn:
POLICY❑jeCi LOC PROOUCi9 COMPIDP AGO 3
S
OTHER: C M&N L AI 3
AUTOMOBRELIAWLRY -
BODILY WNRY(Per pnanl 3
ANY AUTO
OWNED SCHEDULED SOMLY INJURY(Par scAd..Q 3
All rce ONLY AUf09 PROPERTY OAAUe 3
HIRED NON{YNNEO
NUTOa ONLY AUTOS ONLY 3
APPR �r
UMBRELLALIAB OCCUR ` // EACH OCcufiNENCE f
EXCESS UAB CWkSMAOE y: /�� AGOREGATE 3
MICHAEL E. f
DIED RETEWICIN NATNIDR Ha
ER OT
'.A-.. CITYATTORNEY
.R9OOLAOLIT ITY OF HIY YIN
NTINGTON BEACH E.L.EACH ACCIDENT S
OFF CI EN EM6UtEYGLUZOICUTIVE ❑ NIA
E.L.DISEASE EA EMPLOYE f
(M-dataM In NH)
try;deacdta wd EL DISEASE-POLICY UMAT S
DESCRIPTION of OPERAAON9 blow
A prote.alonal Liability DPA9965390 09/01/70 09/Ol/71 Per C1eim 31000,000
Annual Aggregate 5,000,000
Claims Made
OEBCNPTION OF OPEMV ONS I LOCATIONB I V MCLE9(ACORD 101.AddNonel Ramada Sahed,d ,may be eRachad U mara Spew b Ia9clred)
R3004.462.00 - Huntington Beach, CA - Central Park
A 30 day notion o0 cancellation or non-ronewal I. included on the policy noted above per policy terms and aonditiona.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
city of Huntington Bench, CA THE EXPIRATION DATE THEREOF, NOTICE WRL BB DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street AUTNORIIEDREPRESENTATME
Huntington Beach, CA 92648 �'� id It.AVro,
USA
®f988.20j5 ACORD CORPORATION. All rights reserved.
ACORD 25(2079103) The ACORD name and logo are registered marks of ACORD
rjuetcr
60881416
229
DATE(MMa]W WYY)
q ORB® CERTIFICATE OF LIABILITY INSURANCE 121I612020
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 pollcy(Iea)must hava ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,sub)ocl to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this coAiRcate does not confer rights to the conificate holder In Ileu of such ondursomonl e I-
PRODUCER SIB For u3on F
LMC Insurance&Risk Mane menl,Inc. PHONE 515-558.0744 •516.244-9535
NS E 1
4200 University Ave.,Suite 2e -"'AIL . stacy.far gWHO Imclns.com
West Des Moines IA 50266-6945 013MVIIII AFFORmNO covERAOe NAILS
INSURER A:Cincinnati Insurance Come 10677
RDOPLA14e1 INsuRERG:Accidenl Fund NmlGnel Ins Canteen WIGS
INSURED 37273
ROG Planning& Design INSURER c:AXIS Insurance COM an
301 Grand Ave INSURER D:
Des Moines IA 50309
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1116900011 REVISION NUMBER:
THIS IS TO CERTIFY TFIAT 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 P vu CLAIMS.
N R LIMITS
TYPfi OPIHbURANCE POLIC NUTADER
A X COMMERCIAL GENERAL Y ENP0110475 1/12020 1/1R021 EACH OCCURRENCE S10,0000
CIAIM&MADE OCCUR pN�n 5500,000
MED fi%P An ma creel 510000
PERSONAL&AM INJURY $1 000 000
GENENALAGGREOATE 32000,000
UENL AGGREGATE LWIT APPLIES PER
JECT aL� PRODUCTS-COMPIOP AGO 52000000
X paLICYO 3
Or ER: EO GL LINT S 1,D00.000
A AVTOMORILEUABILITY Y ENRIA6476 1/1I2020 111R021
800RV WNRY(Pw pnsa,4 5
X ANY AUTO BDOaY WJURY(Per earA4°M S
GAINED AUTOS ONLY SACUT�ULEa
OPERtt 0 1
X HURED
AUTOS ONLY X AUi030NLY
1
A X UNaaELIALIAa X OC R ENP0118475 1/1/2020 1/1L2021 EACHOCCURRENCE $6000000
AGGREGATE $5,_000000
EXCESS Ma CWMS-)VADE
S
OED X RETENlIO1 1/1/2020 !A12021 X PER OTK
a WORNERSCONPENSATIOIt WCveoeesoo
AND EMPLOYERS'IJABILITY YIN EL EACH ACCIOE.NT 3600000
.W YPROPRIETORR•ARTNE WEXECUTIYE
OFFICEWEIADEREXLLUOEDT N/A EL DISEASE-EA EMPLOYEE $$OOA00
(MenCMory Ie NHI EL.CISEASV.POLICY LIMIT S600000
Mae ee,,aeea00e enter
GRIPTION OF OPERATIONS bell R
CA CCAyGYn+e-Employee inert 1112020 1/1 021 �i 111,00.0 Daduazw:10, 0
N441y P-01.000061201-02 122m 3250,DDO
ENP011eA75 11/2020 DESCRIPTION OP OPERATIONS I LOCATeON!I IW aCLC9(AOOPD let,Aad111enM Remerhe ScSNWe,may Eo elUcnN II more specs U repulrFei
Re:R3004.462,0G-Huntington Beach,CA-Central Park
CIIyy of Huntinggton Beech,Its officers,elected or apppointed officials,employees,agents,and volunteers are Additional Insurer
-primary and non-canulWtory-
1C="QlTIg products and Completed operations•aulOntario status when required In CanbeU vAth respells to the General Liability policy per farm GA472(10101)
City of Huntington Beach,Its officers,elected or appointed 86 Officials.am oyees,agents,and volunteers are Additional Insureds When agreed to In a written
contract With respects to the Auto Llabillly policy p
11
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIEE POLICIES WI BE CANCELLED
BEFORE
THE EXPIRATION DATE THEREOF, NOT
D IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Huntington Beach,CA
20 0 Main Street AUTHORIEEDIIEPRESENTATIV2
Huntington Beach CA 92848
®1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
230
AGENCY CUSTOMER ID: RDGPLAN-01
LOC f1:
ACCP ADDITIONAL REMARKS SCHEDULE Page 1 of ,
NAMED INEunED
AGENCY ROG Planning S Design
LMC Insurance 8 Risk Management,Inc. 301 Grand Ave
PCUcYNuMRER Des Moines IA 60309
CARRIER NAIC CCOE
EFFECTIVE DAM
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Auto Uabllity,policy Is Primary and non-contributory when assumed under an Insured contract per form AA288(01/16)
Concellallon Notice-30 Days With respects to the General Uablllly,Auto Uablllty and Umbrella policy per form IA4087(09117)
Notice of Cance0a11onlNon-Renewal: 30 days with respects to the Workers Campensallon policy par form VX990651 (01111)
ACORD 101 (2008101) ®2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
231
Policy# ENP0118475
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED - WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU
t-Z
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. SECTION II - WHO IS AN INSURED, 2. Is 2. Conformance to
o Agreement
Written Con-
amended to Include: tract
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 youare 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 contractor agreement;or and where the limits or coverage pro-
vided to the additional Insured Is more re-
(2) An oral agreement or contract where striclive 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
llonal Insured by you or on your behalf. A the terms of the written contract or
person or organization's status as an In- agreement, but only to the extent that
sured under this endorsement continues such limits or coverage is included within
for only the period of time required by the the terms of the Coverage Part to which
this endorsement Is attached. If, how-
written contract or agreement, but In no
event beyond the expiration date of this ever, the written contract agreement
Coverage Part. If there is no written con- specifies the Insurance Services Office
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 agreement, a person or organlzalion's specifies an edition that does not exist,
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.
2. SECTION IV - COMMERCIAL GENERAL 3. SECTION III - LIMITS OF INSURANCE Is
LIABILITY CONDITIONS is amended to In- amended to Include:
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- lusive insurance and shown In Declarations.
addition
to the limits of
ment pertalns.
Includes copyrighted material of Insurance Pagel of 2
GA 472 10 01 Services Office,Inc.,with Its permission.
232
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 consoli-
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, slruclion project In which you are In-
Exclusions: volved.
The Insurance provided to the additional In- 5. LIABILITY CONDITIONS,COMMERCIAL
Other InsuRAL
rance
Rce
sured does not apply to:
is amended to Include:
a, "Bodily injury", "property damage" or
"personal and adverlising Injury" arising a. Where required by a written contract or
out of the: agreement, 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, engl- 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
speclncadons;and IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, S. 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
ployees". another Insurance policy that is writ-
b. "Bodily injury'or"properly damage" aris- ten on an excess basis. In such
Ing out of "your work' included In the case, the coverage provided under
"products-completed operations hazard", this endorsement shell also be ex-
cess.
includes copyrighted material of Insurance
GA 472 10 01 Services Office,Inc.,with Its permission. Page 2 of 2
233
CITY OF HUN TING'TON BEACH
2000 MAIN STREET CALIFORNIA 92648
DESIGN REVIEW BOARD
Phone 536-5271
Fax 374-1540
374-1648
NOTICE OF ACTION
June 10, 2021
Chris Slama, Community Services Director
2000 Main Street
Huntington Beach, CA 92648
APPLICATION: DESIGN REVIEW NO. 21-004 (CENTRAL PARK PUBLIC ART)
APPLICANT/
PROPERTY OWNER: Chris Slama, Community Services Director, 2000 Main Street,
Huntington Beach, CA 92648
REQUEST: To review the design, colors, and materials of a proposed public art
installation at Central Park.
LOCATION: 7111 Talbert Avenue, 92648 (east side of Goldenwest St., between
Talbert Ave. and Slater Ave., near the Central Park Library)
DATE OF ACTION: June 10, 2021
The Design Review Board of the City of Huntington Beach took action on your application on
June 10, 2021, and your application was recommended for approval with conditions to the City
Council. Attached to this letter are the recommended conditions of approval for your application.
Please be advised that the Design Review Board reviews the conceptual plan as a basic request
for entitlement and forwards a recommendation to the City Council. The conceptual plan should
not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision
Ordinance requirements. Please note that there may be additional requirements prior to
commencement of the project.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken
by the Design Review Board is only a recommendation and is not appealable. The
recommendation of the Design Review Board will be forwarded to the City Council for
consideration. You will be notified of the pending hearing date.
If you have any questions, please contact Joanna Cortez, Associate Planner at (714) 374-1547
or via Joanna.Cortez(a)surfcity-hb.org or the Planning Division Planning and Zoning Information
Center at (714) 536-5271.
234
DR No. 21-004
June 10, 2021
Page 2 of 2
SiincerelOy,�/
i �I MeA
Nicolle Aube, Secretary
Design Review Board
NA:jj
ATTAC H M E NT(S):
Conditions of Approval — DR No. 21-004
c: Honorable Mayor and City Council
Chair and Planning Commission
Oliver Chi, City Manager
Travis Hopkins, Assistant City Manager
Ursula Luna-Reynosa, Director of Community Development
Jane James, Planning Manager
Tim Andre, Division Chief/Fire Marshal
Bob Milani, Principal Civil Engineer
Project File
235
ATTACHMENT NO. 1
CONDITIONS OF APPROVAL
DESIGN REVIEW NO. 21-004
RECOMMENDED CONDITIONS OF APPROVAL - DESIGN REVIEW NO. 21-004
1. Concept/Layout No. 2 of the site plan and elevations received and dated May 27, 2021 shall
be the conceptually approved design.
2. The artist shall ensure that the stainless steel side of the art piece will not create any glare
that may negatively impact the surrounding area.
3. The public art installation shall be maintained in good appearance at all times. Any evidence
of vandalism/graffiti, weathering, or disrepair shall be immediately repaired or replaced.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify
and hold harmless the City of Huntington Beach and its agents, officers, and employees from any
claim, action or proceedings, liability cost, including attorney's fees and costs against the City or
its agents, officers, or employees, to attack, set aside, void or annul any approval of the City,
including but not limited to any approval granted by the City Council, Planning Commission, or
Design Review Board concerning this project. The City shall promptly notify the applicant of any
claim, action or proceeding and should cooperate fully in defense thereof.
236
7/6/2021
Huntington Central Park
Public Art Installation
HUNTINGTON BEACH CITY COUNCIL
JULY 6, 2021
Project Timeline
On September 7, 2020, City 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) and recommend
an artist for final selection.
Committee Members Appointed:
o Mayor Semeta, Committee Lead
o Kim Carr, Council Member
• Joanna Cortez, City Staff
o Kate Hoffman, City Staff
o Nancy Caldwell, Community Member
o Devin Dwyer, Community Member
• Celeste Hamil, Community Member
COMMUNICATION
Mee*-Q Date:
/ ll 1
;:genaa Warn No.; /�( - " 11,;g/
7/6/2021
Project Timeline
From October 19 through November 13, 2020, the RFP was open for submittals.
Eleven artists responded and the top five ranking artists were invited to participate
in interviews conducted by the Committee.
The Committee unanimously agreed to recommend RDG Art Studio (RDG) to City
Council.
On December 7, 2020, City Council authorized the execution of a Professional Services
Agreement with RDG, in an amount not to exceed 5300,000.
RDG has experience with over 80 large scale projects in the US and Canada.
They work off of the philosophy of Story, Structure and Site.
"Theiream includes dedicated project managers, design professionals and a
nia-licensed engineer.
Project Timeline
On January 28,2021, RDG conducted a virtual town hall and survey to collect feedback from
residents and stakeholders about their vision for the art piece and how they use Central Park.
Stakeholders including the Secret Garden,Tree Society, HB Art League, Huntington Harbour
Art Association, Central Park Collaborative and various Central Library groups were invited
to attend.
From February 2021 through May 2021, RDG regularly met with the Committee, presenting
two conceptual designs for consideration.
As described in the RFP, the iconic public artwork is original, community and artist driven,
and harmonizes with respect to the unique architecture of the Central Library and natural
aesthetic of Central Park, and is titles, "To See yourself in Nature..."
The reflective quality of the stainless steel side provides the opportunity to see yourself and
nature reflected in the same piece. This component helped to meet our goal of maintaining
the serenity of Central Park, and honor the unique architecture of the Central Library.
2
7/6/2021
Project Timeline
On June 10, 2021,the Design Review Board (DRB) approved the final design, titled "To
See Yourself in Nature......
The DRB approval required that certain conditions are met, including that the
stainless steel will not create any glare that adversely affects the surrounding area,
and that it is maintained in good appearance at all times.
Initial Studv Models and Research
3
7/6/2021
G'
L
Project Narrative
'...art is a mirror held up to nature..."
The proposed artwork harmonizes with the natural environment of Central Park and honors the iconic
architecture of Central Library.
Exploring natures horizontal plane of reflection, inspired by a photo of the library reflected in the
adjacent pool,the installation reveals connections between nature,water, the built world,and
humans. Park visitors are empowered to connect to the energy of the natural world and to one
another.
Crafter of etched bronze and hand-finished stainless steel,the textures, planes and curves of the
installation offer everchanging reflections of light, nature, and passerby. The piece is thoughtfully
scaled and sited in relation to pathways,sightlines,and the Secret Garden.
4
7/6/2021
Location and Scale
..>t is r...l _ •' - -
r-r
na�e.usr.l+u
5
7/6/2021
I
� a
o
6
7/6/2021
• See Yourself ' View
III
- r Y
t
�c
7/6/2021
k
See
• Yourself Nature..."
• Evening •
J• ,+` a
7/6/2021
Staff Recommendation
Staff is recommending the approval of the public art installation.
Upon approval, RDG will begin to fabricate the art piece.
Anticipated installation date will be in Spring 2022.
MM
7/6/2021
Questions?
10
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, July 13, 2021 7:57 PM
To: Agenda Alerts
Subject: FW: Public Art in Central Park
From: Jan Osborn <josbornmi@gmail.com>
Sent:Tuesday, July 13, 2021 9:14 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Public Art in Central Park
So excited about the Central Park Public Art project but am writing to emphasize the natural beauty of Central
Park and hope that the design in the City Nlanaeer's Report is NOT the design for this project. Any art at the
park should work to bring attention to what is there in nature. definitely not anything that would obstruct the
view.
'Thank you for working to make our city sustainable, bikeable. walkable. natural.
,Ian Osborn
7537 Quiet Cove Circle
Huntington Beach. CA 92648
t