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HomeMy WebLinkAbout25 San Pablo Phase 1 roundabout artwork selectionMEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT November 18, 2021 Amy Lawrence, Special Programs Manager Review public input results and select artist Kyle Absolom or Donald Gialanella to create artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way. By Minute Motion: 1. Review public input results and select artist Kyle Absolom or Donald Gialanella to create an artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way; 2. Approve the attached Agreement in the amount of $125,000 to include artwork design, fabrication, and delivery to the project site; and 3. Authorize the Mayor to execute the Agreement and allow the City Attorney to make non -substantive changes. Commission Recommendation At its regular meeting of July 14, 2021, the Art in Public Places (AIPP) Commission reviewed four (4) finalists for the San Pablo and San Gorgonio roundabout artwork. With a unanimous vote of 6-0-1, with Commissioner Campbell absent, the Commission approved a recommendation of the design by Kyle Absolom (Dueling Palms) and Donald Gialanella (Sunburst), in that order, for final approval by the City Council. Strategic Plan Obiective The artwork for the San Pablo and San Gorgonio roundabout is in line with the Arts & Culture Mini -Vision contained in the Strategic Plan, which states: "Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in November 18, 2021 - Staff Report San Pablo Roundabout Sculpture (Phase 1) — Public Input on Finalists Page 2 of 4 arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills." Executive Summary At its regular meeting of October 15, 2020, the Palm Desert City Council approved the release of a Request for Proposals (RFP) for artwork for the San Pablo Phase 1 Roundabout project, located on San Pablo and San Gorgonio. Included in the RFP was a budget of $125,000 to commission an artist to design, fabricate, and deliver the artwork to the site, as well as other miscellaneous project related items. In addition, the City Council approved an additional $75,000 for the City to prepare the artwork site and install the artwork. At its regular meeting of August 26, 2021, staff brought forward the AIPP Commission's recommendation and sought City Council direction as to which artist should be selected to create the artwork for the location. During this meeting, the City Council directed staff to seek public input on which sculpture should be selected. Discussion As a refresher, staff distributed the RFP for the roundabout project through multiple channels and received just under 200 applications. Over the course of several meetings, and approximately ten (10) hours, the AIPP Commission reviewed all of the eligible proposals and selected four (4) finalists to receive an honorarium to further develop their proposals. The four (4) selected finalists presented their proposals to the AIPP Commission at its regularly scheduled meeting of July 14, 2021. At the conclusion of the meeting, the AIPP Commission ranked the top two proposals to be recommended to the City Council. Dueling Palms The top -ranked proposal is Dueling Palms by Kyle Absolom. Dueling Palms is a red, painted metal sculpture based on the concept of an abstracted palm tree. The sculpture, as presented to the AIPP Commission, is intended to be 32 feet long x 14 feet 9 inches tall, which falls within the guidelines of the project's RFP. Additionally, the AIPP Commission requested that the artist explore making the sculpture a bit smaller in length so that it would be more visible on the roundabout and not have as much negative space. Therefore, the artist is also exploring reducing the sculpture by up to 25%. If selected for the project, the artist would work with the Contract City Engineer and Deputy Public Works Director to determine the exact size of the sculpture. The updated sculpture would be reviewed by staff, the AIPP Commission, and the City Council if it so desires. Maintenance of this proposed artwork would include November 18, 2021 - Staff Report San Pablo Roundabout Sculpture (Phase 1) — Public Input on Finalists Page 3 of 4 regular cleanings by the City's art maintenance contractor and periodic re -painting based upon need. Sunburst The second -ranked proposal is Sunburst by Donald Gialanella. Sunburst is a twenty-five (25) foot tall sculpture that would be built from marine grade, non -reflective brushed stainless steel. The proposed sculpture would consist of two (2) perpendicular sections, each facing toward the roundabout's intersecting roads. The circular forms interact visually with each other forming a gestalt sphere as drivers circulate around it. The minimalist design allows for maximum visibility to oncoming traffic and pedestrians. Maintenance of this proposed artwork would include regular cleanings by the City's art maintenance contractor. Resident Input Per the City Council's direction at its August 26, 2021, meeting, staff sought public input on which sculpture should be selected using various means during the month of October. The City's new civic engagement platform, Engage Palm Desert, proved to be fruitful in gaining the public's input. Additionally, staff gained input at three (3) community events (two (2) concerts in the park and at the San Pablo Grand Opening event); emailed a request for input to all City committees and commissions, Palm Desert High School, Palm Desert Charter Middle School, Sacred Heart School, and the YMCA's Youth & Government Program; delivered flyers to the City's affordable housing complexes; and conducted in -person surveys at a majority of businesses located in the main corridor on San Pablo. Below is a breakdown of results: Dueling Palms Sunburst Engage Palm Desert* 100 183 Concerts in the Park (2) 19 55 San Pablo Opening Event 40 65 Palm Desert Charter Middle School 60 192 Survey of businesses on San Pablo 10 31 TOTAL 229 526 *Palm Desert Residents/Business Owners 89 158 As reflected above, Sunburst has a strong lead ahead of Dueling Palms. It is now up to the City Council to decide which sculpture should be installed in the roundabout on San Pablo and San Gorgonio. If approved, the selected artist will be contracted in the amount of $125,000 to create the sculpture and deliver it to the site. It will be the City's responsibility to prepare the site and install the artwork. One consideration made by the Cultural Arts Committee is to have the sculpture not selected for the San Pablo and San Gorgonio roundabout installed in the roundabout at San Pablo and the entrance to College of the Desert (COD). This idea was also November 18, 2021 - Staff Report San Pablo Roundabout Sculpture (Phase 1) — Public Input on Finalists Page 4 of 4 proposed by many of the in -person voters. If the City Council concurs, staff will return with a request for approval to contract with the second -place artist in FY 2022/2023. Fiscal Analysis The artwork commission budget of $125,000 was approved by the City Council as part of the FY 2020/2021 Public Art budget (Fund 436). An additional $75,000 was also approved for the site preparation and artwork installation. Staff will return to the City Council at a future meeting, as appropriate, for approval of contracts related to the $75,000 for site preparation and artwork installation. Funds are available in the Public Art budget and no General Fund monies will be expended. LEGAL REVIEW DEPT. REVIEW N/A Robert W. Hargreaves City Attorney M a.v f-i,A, A lArcure,z Martin Alvarez Director of Development Services City Manager, L. Todd Hileman: FINANCIAL REVIEW Avrt,ei?'t?. %?ooze Janet M. Moore Director of Finance l_. Todd Etilevu.aLA, ATTACHMENTS: Kyle Absolom, Roundabout Proposal Donald Gialanella, Roundabout Proposal San Pablo Phase 1 Request for Proposals Draft Agreement (Contract No. C35520F) ASSISTANT CITY MANAGER .Andy Firestine Andy Firestine Assistant City Manager CITY COUNCILWtION APPROVED RECEIVED DENTED OTHER MEETING DA / /—/ i( i/J AYES: lml N ii'fr_: / / ' ///a- J(eJA/ NOES: a ABSENT: JIB ABSTAIN: .L J'Li' VERIFIED BY: Original on File with City C rk's Office KYLE ABSOLOM DUEL NG PALM S PALM DESERT SAN PABLO AVENUE ROUNDABOUT FINAL PROPOSAL 07.06.21 all material, concepts and designs are the intellectual property of KYLE ABSOLOM. and are not to be copied or used without written permission. THE ARTIST I am inspired by joy and reflection. My work has always been rooted in the end goal of evoking happiness paired with contemplation. This combination of emotion and thought is what has driven me through my daily life and naturally bled into my art. My hope is that when a viewer sees my art for the first time, that they smile or tilt their head with curiosity. I am also driven by elevating what joy or fun can look like and challenging those norms. Sophistication and timelessness have always been at the forefront my thought process. Specializing in experiential and immersive experiences has geared my art towards large scale projects with varying levels of permanence. My materials are mix media and range from aluminum and plexiglass to wood and steel. My history of working with a wide spectrum of clients has also shaped my work by using the restraints of commissioned work as inspiration instead of a hinderance. I also pull inspiration from the location and surrounding area of my installations. I want my art to naturally belong in a space yet strikingly stand out and leave a lasting impression. The 3-dimensional nature of my work is pushed even further when I play with bold colors and sharp geometric angles. Confidential & Proprietary Kyle Absolom I San Pablo Avenue Roundabout 12021 Palm Desert, CA DUELING PALMS My current project "Dueling Palms" is rooted in the land it hopes to live on. This steal sculpture aims to honor Palm Desert and use the iconic (perhaps obvious) Palm Tree and reimagine it. It was a personal challenge to take such a recognizable symbol and make it feel new. The"Dueling Palms" are designed to quite literally cut through the noise with sharp yet smooth curves, appearing to almost bounce off of the ground. The florescent orange color not only sparks joy but represents the warmth and sun that is the trademark of Palm Desert. From a distance the palms also have a yin and yang effect mirroring the balance and dance of the nature and community around them. The flowing aesthetic also mimics an infinity symbol, representing the power and boundlessness of a city thriving in the desert against all odds. At a closer look there are a total of ten fronds - 9 individually representing each of the cities that make up Coachella Valley. The tenth palm frond indicates the cities coming together in unity. The design of this piece takes into consideration all of the listed requirements and precautionary measures for the community and passers by. This is a 360 degree sculpture that that still allows drivers to maintain visibility and their safety. It pays homage to the core history of Palm Desert while looking to the future. My experience working with a broad range of concepts and materials will take this project and community to the next level. Confidential & Proprietary Kyle Absolom I San Pablo Avenue Roundabout 12021 Palm Desert, CA DETAILS MATERIALS This structure will be constructed of 100% Stainless Steel. This will allow for no rusting, and will be a huge part of the longevity of this art piece. My long term fabrication partner who I have worked with on multiple occasions specializes in the most incredible steel work - most recently building a project for The Waldorf Astoria in Beverly Hills. INSTALLATION Cast -in -place concrete footings will be installed approximately 8" below ground. The structure will then be bolted down onto the footings. The plates will be concealed. We will then back fill below ground with a rock bed of gravel. One palm structure will be anchored in 3 places. The other structure will be anchored directly from its center. Both structures will then be bolted together for advanced stability. The structure will be made into sections (approximately 12 - 15 pieces) and built onsite. The palm fronds will be individually bolted onto the trunk of each palm structure through a connection point. Should the structure be disassembled - it would be In the reverse process of how it was built. We would remove each bolt at each connection point, slowly removing each piece. ESTIMATED WEIGHT I plan to use 1 /8" or 1 /4" stainless steel sheet metal for this piece. The final thickness and thus weight will be decided once I have consulted with the engineer and have taken into consideration the wind load. The thickness of the piece will be dependent on an engineer seeing the art work as they will be able to what is best based on wind load. Once I can speak with the city's engineer we will get a better understanding of this and I will be able to provide an estimated weight of the piece. illip Confidential & Proprietary illip Kyle Absolom I San Pablo Avenue Roundabout 12021 Palm Desert, CA DETAILS HARDSCAPE I am proposing the structure to live on a rock bed of slate colored gravel. This helps with the stark contrast between the art piece coloring and the flooring - pairing beautifully with the modern, architectural orange curves of the structure. LIGHTING am proposing to install 12-16 LED can (recessed) lights into the ground. The lights will all be aim -able so we can focus them onto the desired areas of the structure, allowing the light to hit perfectly. DIMENSIONS 32' wide x 15' deep x 14'9" high **see further within the deck for more detailed dimensions I know there were some concerns about the up -turned palm trees height - this has now been increased to 7' high ensuring it is higher than human height. I also want to note I am prepared to work with the city on the design, if there is concern that the palm edges are too sharp. I am 100% willing to shave off the ends slightly allowing for them to be a little more blunt helping with any health and safety issues. COATING The sculpture's exterior will be coated in an acrylic urethane clear coat. I am proposing that this structure is in an orange color. I will use a matte finish to help further withstand any maintenance from any wind and sand for example. The painted clear coat will allow for the durability of the structure to have a lifespan of anywhere from 10-15 years. Confidential & Proprietary Kyle Absolom I San Pablo Avenue Roundabout 12021 Palm Desert, CA DETAILS MAINTENANCE I will be using stainless steel because it's durability is outstanding. It can withhold extreme weather conditions, and requires the standard maintenance for outdoor public art. The structure should be simply washed with a pressure washer on the softest setting, every 3-4 months. No oils, gels or soap should be used. BUDGET $125,000 - this includes artist fees, taxes, insurance, materials, tools, travel, expense contingency, and other associated costs. **Installation, uplighting costs, and permit fees will be covered by the City. 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EmErrir- z Th � \� ~ »c ` � ~` `.` ' '~- � ~ ` ~ .� ... ' _. ~^ .� ` ~ ~�. .~' -- � ' - - -- - - - -- - -- ' � ' �c ` -� - � ` � _ _ ART I:0 ECE 1:0 MEN515 DIMENSIONS 32' Confidential & Proprietary Kyle Absolom I San Pablo Avenue Roundabout 12021 Palm Desert, CA Kyle Absolom I San Pablo Avenue Roundabout 12021 Sunburst - San Pablo Roundabout Final Proposal Dear members of the San Pablo Roundabout sculpture selection committee, I am honored to be chosen as a finalist for my proposed abstract sculpture, Sunburst, for the San Pablo Avenue Roundabout site. The sculpture pays homage to the Sun, a perfect symbol for what Palm Desert is all about. The piece is 25 feet tall and is intended to represent multiple concepts - the sunrise/sunset, a flower that opens and closes as the viewer circulates around it, or an abstract palm tree that celebrates Palm Desert's natural beauty. The sculpture is composed of two sections perpendicular to one another, each facing toward the roundabout's intersecting roads. The two circular forms interact visually with one another forming a gestalt sphere as drivers circulate around it. The minimalist architecture allows for maximum visibility to oncoming traffic and pedestrians. Size & Weight Sunburst reaches a total height of 25 feet x 21 feet in diameter. It will weigh approx. 1,500-2,000 lbs. Material The sculpture will be composed entirely of marine grade 316 stainless steel. This steel has total resistance to atmospheric corrosion and is basically impervious to weathering. It is the ideal material for this outdoor installation and has a projected lifespan of more than 50+ years. The stainless steel will be brushed to create an organic textural surface that will reduce the reflectivity, but remain clean and bright with a visually interesting metallic appearance. Timeline Construction of the sculpture will take place in my St Petersburg, FL studio and the laser cutting of the stainless sections will take place at a company based in Largo, FL. The fabrication process will take approx. 5 months. This timeline begins when initial funding is received. Fabrication The stainless steel elements that make up the sculpture will all be designed and quantified in virtual space as 3D CAD objects enabling all the parts to be laser cut and fit together with great precision. The pieces will fit seamlessly and be permanently welded together to create a contiguous, structurally integral sculpture. The sculpture will be structurally sound and able to withstand extremes of weather and temperature. It will be incredibly strong, durable and weatherproof. Installation The sculpture will be delivered in sections by truck. Final on -site welding assembly will be required and may take several days. A crane is needed to unload, place in position, and install. A professional installer will be contracted to do the install under my supervision. The sculpture will be sited in the center of the roundabout on four foundation pads based on the example in "exhibit C". It will be secured to the pad with breakaway frangible hardware preliminarily indicated as hardened stainless 1.5" diam. X 18" bolts, stainless washers, lock washers and security nuts installed through (4) base anchor feet tabs. Final mounting hardware to be designed and signed off on by structural engineer. Maintenance The sculpture will require regular monthly cleaning maintenance to remove soot, debris and bird droppings. It should be checked every year for any signs of damage that need to be addressed. If any graffiti occurs the stainless can be easily cleaned with acetone. Preliminary Lighting Plan Overview Ground mounted LED fixtures can be positioned to give the impression that the sculpture is glowing from within in the evenings. Placement of linear LED accent fixtures, 7.5W per foot in order to communicate its volume and depth. The placement of the fixtures and beam distribution will be carefully considered to not create hot spots, and glare shields and sandblasted diffusing lenses will be used to create a diffuse quality of light. A warm -white color temperature range is appropriate for the lighting, between 2700K and 3500K. Ideally, the system will adjust light levels according to the time and amount of sunlight available. As day turns to night, the lighting comes on very bright to compete with the remaining ambient natural light. This prevents the sculpture from becoming backlit. As the sky gets darker, the lighting becomes softer, settling into its modulated, hierarchical display of warmer to cooler, brighter to darker. Estimated Budget Materials Stainless steel 316 marine grade Welding wire/gas consumables Stainless anchor bolts 29,500 1,950 1,200 Subtotal 32,650 Labor Laser/water jet cutting Fabrication Labor Digital image file preparation LED programming Subtotal Other costs Artist's fee Engineering Insurance Shipping/crating Travel/accommodations Subtotal Total estimated budget , Yew fowl Format Tools Draw Oimatsfon Said Sudner Mesh Vnwltoo peremunc Inset Annotate lI s " ® • Box Eateude f' Smooth 0 Object • Modeling • cz: 3' N/ •- L i CD • I - • .In • • P :: - PJane • Weld r RI • 23,500 24,500 3,500 500 52,000 25,000 3,750 1,500 8,500 1,600 40,350 125,000 Meaty Pxemetric Window Hdp bp<as Yew Manage Output eddies heed,* VC Express Tools Fepered Apps Layout rla • Groups 1 L' L 20Wrerrame �. J.. :+ Mesh a Sold EditWrl • Drew • Ma dery Made!' s `r `0 `] ra duo Section • • Coordinates : Yew MINBriNift. 1% r 01" LAO W 4, CAD workspace comp r a P. rY7 Ho filter More Gmne Sole -Moo lialW.tea_ �r- 101I‘IrilIPP-111111741prOr ---Arg,11.•""We;PAP"pi, 'WA ArrArr i4*P 400. • Sunburst - Animation 360 degree view - httos://voutu.be/aftBLGaEXIQ Sunburst rendering - south Sunburst rendering - west Sunburst rendering - east Nighttime view with LED lighting SUNBURST 25' tall, stainless steel View of single profile 3D view Two profiles at 90 degrees Overhead view Questions and answers from meeting with engineers on 6/17/21 Confirm the materials to be used. The sculpture will be composed entirely of marine grade 316 stainless steel. Discuss how the pieces are anchored to the ground The sculpture will be sited in the center of the roundabout on four foundation pads based on the example in "exhibit C". It will be secured to the pad with breakaway frangible hardware preliminarily indicated as hardened stainless 1.5" diam. X 18" bolts, stainless washers, lock washers and security nuts installed through (4) base anchor feet tabs. Final mounting hardware to be designed and signed off on by structural engineer. Provide an estimated weight of the piece Approx.weight 1,500-2,000 lbs. Discuss how the sculpture may be disassembled or relocated should it need to be moved for roadway or utility maintenance work The sculpture will be welded together and essentially one piece of stainless when it is complete and installed. In the future, if need be, it can be craned off the pads for utility work to be completed. Confirm if water or irrigation is expected No. Confirm if lighting or electric service is required Yes. LED night lighting requires electric service. If not already provided in the proposal, provide the dimensions Sunburst reaches a total height of 25 feet x 21 feet in diameter. Art in Public Places Commission Feedback/Other Items (from the initial finalist letter not addressed previously) Detail the regular maintenance needs of the artwork, including proposed cleaning methodologies. The sculpture will require regular monthly cleaning maintenance to remove soot, debris and bird droppings. It should be checked every year for any signs of damage that need to be addressed. If any graffiti occurs the stainless can be easily cleaned with acetone. One of the Art in Public Places Commissioners has asked if color can be incorporated into the sculpture. Please address this request one way or the other. The sculpture will reflect the color of the sky and become an ever changing visual barometer of the local weather. Night lighting has the option to color the sculpture in many different hues. There is concern that the top of the sculpture will not be visible enough to those viewing it from a closer distance. Is there an ideal height for the piece to be viewed and enjoyed by people in the distance as well as close to the piece? I believe the scale of the sculpture will make it visible at a distance and from close up at any and all angles. I anticipate many interesting photographs of the piece in various natural lighting conditions, dawn, dusk, and in the evenings with the up lighting in effect. Re -include your resume and a discussion of completed projects of equal or larger size and budget. DONALD GIALANELLA 910 Southern Pine Ct. NE, St Pete, FL 33703 607.547.1071 LiveSteel@gmail.com www.DonSculoture.com EDUCATION BFA 1979 The Cooper Union, magna cum laude, New York, NY 1974-76 Montclair State University, Montclair, NJ 1975 Art Students League, New York, NY PUBLIC WORK Commissions/Purchases 2021 City of Clearwater, Crest Lake Park Project. Clearwater, FL (in production) 2021 Publix Greenwise Market, Tree of Life Facade Project. Fort Lauderdale, FL 2020 City of Orlando - Orlando Fire Station # 9, Firefighting Orb. Orlando, FL 2020 Baptist Medical Center South, Moving in Unison. Jacksonville, FL 2020 Stiles Corp, Magnificent Fish. Fort Lauderdale, FL 2019 City of Oldsmar, Town Hall Sculpture, Taking Flight. Oldsmar, FL 2019 City of North Port, Florida Native Waterbird Project, Spoonbill. North Port, FL 2019 City of Jacksonville, Winged Victory. Jacksonville, FL 2019 City of Jacksonville, On the Shoulders of Legends. Jacksonville, FL 2019 State University of New York (SUNY), Parallax Totem. Delhi, NY 2019 City of Pompano Beach, Underwater Sculpture Project. Pompano Beach, FL 2019 City of Riverside, Monarch Migration Project Sculptures. Riverside, MO 2018 Fenimore Art Museum, Standing Horse. Cooperstown, NY 2018 City of Boynton Beach, Interactive City Center Project, Synesthesia. Boynton Beach, FL 2018 Temple B'nai Israel, Love Heart Weiss Memorial. Saint Petersburg, FL 2018 City of Tamarac, Ibis. Tamarac, FL 2017 John Hopkins All Children's Hospital, Love Heart. St. Petersburg, FL 2016 The Dali Museum, Parallax Mustache. St. Petersburg, FL 2016 City of Broomfield, Plenum Orb. Broomfield, CO 2015 City of Kingman - Route 66, Running Hare. Kingman, AZ 2015 City of Northglenn, Bison. Northglenn, CO 2014 Lucile Packard Children's Hospital, Toy Cow. Stanford University, Palo Alto, CA 2013 Arrow Electronics, Motherboard Earth. Denver, CO 2007 City of Albany, Parallax Triptych. Albany, NY Shortlisted 2019 Giralda Sky suspended Installation. Coral Gables, FL 2019 Breck Arts Snowboarding Memorial. Breckenridge, CO 2018 City of Alpharetta Arts Center Sculpture. Alpharetta, GA 2016 Bryan Crough Memorial. Traverse City, MI 2015 Remnants Restored, Public Sculpture Project. Blue Springs, MO 2014 Farhang Foundation Memorial, Freedom: A Shared Dream. Los Angeles, CA 2013 Griffiss Technology and Business Park, Omnibus. Rome, NY 2011 Heisler Park Sculpture Project. Laguna Beach, CA 2010 McBean Transit Center Public Sculpture Project. Santa Clarita, CA 2009 St. George's Cathedral, St. George and the Dragon. Perth, Australia Public Loan Programs 2021-2023 Reimagining Roanoke, Plenum Orb. Roanoke, VA 2021-2022 City of Tamarac Inspiration Way, Tamarac, FL 2020-2021 Orange County Administration Center, Gaia. Orlando, FL 2019-2020 Sculpture 360, Gaia. Clearwater, FL 2018-2019 Florida Outdoor Sculpture Competition. Lakeland, FL 2018-2019 Art Around Roswell, Celestial Fish. Roswell, GA 2017-2018 Barbara S. Ponce Public Library, Dream Sparrow. Pinellas Park, FL 2017-2019 Sculpture Walk, Stainless Steel Assemblage Orb. Jacksonville, FL 2017-2018 Valdosta City Center Arts District, Plenum Orb. Decatur, GA 2016-2017 Polk Museum Outdoor Sculpture Competition, Plenum Orb. Lakeland, FL 2013-2017 Pasadena Public Sculpture Project, Plenum Orb. Pasadena, CA 2013-2014 Napa ArtWalk, Reprocessing Orb. Napa, CA SELECTED SHOWS 2019 International Kinetic Sculpture Biennale, Boynton Beach, FL 2019 We are Overflowing, Recycling Awareness Project, Dumpster Diver, City of Fort Myers, FL 2017 Painted Pompano, Citywide Sculpture Project, Pompano Beach, FL 2016 AiOP (Art in Odd Places), Hit Play, Orlando, FL 2014 Art and Democracy V, ADC Building Bridges Gallery, Bergamot Station, Santa Monica, CA 2014 Happy Medium, Orange County Center for Contemporary Art, Los Angeles, CA 2014 Deep Roots, El Pueblo Historical Monument, Los Angeles, CA 2013 Second Time Around, Museum of the Shenandoah Valley, Winchester, VA 2012 The Animal in Contemporary Art, Oklahoma State University 2012 Sacred Memories, Pico House Gallery, Los Angeles, CA 2012 James Gray Gallery, Bergamot Station, Santa Monica, CA 2006 International Sculpture Biennale, Palm Beach, FL 2005 Craft, Smithsonian Institution, Washington, DC 2001 Insects, Anchorage Museum of Art, Anchorage, AK AWARDS/GRANTS 2021 Creative Pinellas Professional Artist Grant, Largo, FL 2018 Arts Alliance Artist Grant, St. Petersburg, FL 2018 Creative Pinellas Professional Artist Grant, Largo, FL 2018 People's Choice Award, Florida Outdoor Sculpture Competition, Lakeland, FL 2018 Best in Show, Florida Craftart Gallery, St. Petersburg, FL. 2016 People's Choice Award, Polk Museum Public Art Project, Lakeland, FL 2015 People's Choice Award, Northglenn Public Art Program, Northglenn, CO. 2015 People's Choice Award, Napa Public Art, Napa, CA 2012 Audubon Artists Medal of Honor, New York, NY 2010 Environmental Artist of 2010, Cool Climate Awards, Washington, DC 1990 Emmy Award, Academy of Television Arts & Sciences EXPERIENCE 1996 Present LiveSteel Studio, St. Petersburg, FL 1993-1995 Visiting Assistant Professor, Bilkent University, Ankara, Turkey 1983-1992 Broadcast Graphics Producer, ABC News, New York, NY 1979-1980 Assistant to Louise Bourgeois, New York, NY I have completed two projects with budgets equal to this commission. First was for the City of Boynton Beach, FL, entitled, Synesthesia, completed in 2020. Synesthesia The second comparable project was commissioned by Baptist Medical Center South, Jacksonville, FL, entitled, Moving in Unison, also completed in 2020. Moving in Unison The sculpture consists of seven schools of 426 multilayer stainless steel, powder coated fish that span a total length of 92' along the front of the Medical Center. They symbolize the power of working together to accomplish a single purpose. Like the Baptist Medical Center South staff working together to improve the health and well being of their patients, the many fish move as one to achieve a common goal - to create a nurturing and therapeutic environment that enhances the healing experience. CITY OF PALM DESERT CALL FOR ENTRIES PALM DESERT SPUBLIC ART PROJECT FOR ROUNDABOUT AT AN PABLO AVENUE AND SAN GORGONIO DRIVE Artist Eligibility The City of Palm Desert, California, and the Palm Desert Art in Public Places Commission announce a major public art competition open to experienced artists residing in the U.S., Canada, and Mexico. Applicants must be at least 18 years of age. About Palm Desert Located just over 100 miles east of Los Angeles, Palm Desert is a premier resort destination and year-round community located in the heart of California's Coachella Valley, comprised of 9 cities, each with a distinct character. At the west end of the valley is Palm Springs, known for midcentury modern architecture and historic connections to Hollywood. To the east is Indio with abundant farms and striking murals depicting contemporary Latinx imagery. Desert Willow Golf Resort Situated in the center, Palm Desert blends elements of both, along with its own upscale touch. Against a backdrop of soaring mountains and expansive desert, the city offers a balance of nature and culture. It is home to the valley's three sites of higher education; the region's largest indoor performing arts venue, the McCallum Theatre; and El Paseo, a high -end retail district of art galleries, boutiques, and dining. The centerpiece of El Paseo is a rotating exhibition of public art, running continuously since 1993, and featuring 18 sculptures by international artists. A New Vision for San Pablo Avenue San Pablo Avenue represents the next step in the city's evolution. Located perpendicular to and north of Highway 111 and El Paseo, the mile -long corridor connects these vibrant commercial areas with residential neighborhoods as well as College of the Desert, Palm Desert City Hall, and the Civic Center Park. Recent improvements to San Pablo Avenue include landscaping, bicycle lanes, options for outdoor dining, pocket parks with interactive amenities, community gardens, and a space for a farmer's market and other special events. Designed along a more intimate scale than El Paseo and with more opportunities for mixed - use development, this family -friendly area is intended to become Palm Desert's city center. El Paseo Exhibition — Untitled by Ross Kellogg A video description of the project can be found here. An aerial video of project, to include roundabout, can be found here. CITY OF PALM DESERT - CALL FOR ENTRIES SAN PABLO ROUNDABOUT About the Project The sculpture(s) in this roundabout will be the focal point for San Pablo Avenue. The roundabout will serve as the transition from the commercial area into the residential area. Illuminated artworks and multiple sculptures are acceptable as outlined in the specifications below. Sculptures with water features will not be accepted. Artwork Design, Safety, and Durability Requirements Height requirements for singular sculptures may not exceed 25' centered in the roundabout. Site can handle multiple sculptures; however, height requirements for multiple sculptures may not exceed 15' due to breakaway zone. The unpaved portion of the roundabout is 45' diameter with a 32.8' diameter workable space as outlined in Exhibit "A". Site of roundabout is on a 1.5% upward slope running north to south. Foundations cannot be installed in some areas of the roundabout due to underground utilities. Areas not accessible are outlined in Exhibit "B". The pad foundation standard detail for single object sculptures is outlined in Exhibit "C". Note that detail has maximum weight requirements and other design -related criteria that the artist will have to work with a California registered Professional Engineer (PE) on. Illumination of light -based sculptures must not intrude on neighboring homes. Illuminance maximum is 20 watt. The artwork must not create a disorienting situation or cause a distraction for drivers. (i.e. highly reflective material discouraged). The artwork must improve and not detract from the safety of the site. The artwork must allow for visibility to oncoming traffic and pedestrians. The artwork should be designed "in the round" and be equally intriguing from all angles. The artwork should be scaled to the attention of approaching drivers, but should not be so detailed that it requires up -close or extended inspection for appreciation. Interactive artwork is discouraged and sculptures must not create a desire for pedestrian activity (i.e. selfies). The roundabout is not intended to be a gathering spot, which would cause pedestrians to cross traffic. The artwork must be fabricated in durable, permanent, outdoor media that is safe, easily maintained, and proven its viability in public installations. The artwork must be able to withstand harsh weather conditions of the desert, which include intense sun, summer temperatures above 110* Fahrenheit, and high winds. The City of Palm Desert performs regular maintenance on public art, but prospective applicants are advised to research colors and materials for durability. The artwork must be constructed to reasonably discourage or deter theft and vandalism. The artwork must be suitable for public viewing by all ages. The connections (e.g., bolts) between the sculpture and foundation must be breakaway in case of errant vehicles. Page 2 Randall Henderson Trailhead CITY OF PALM DESERT - CALL FOR ENTRIES SAN PABLO ROUNDABOUT Photos of the roundabout are outlined in Exhibit "D". Construction plans are available upon request. Submission Requirements Interested artists or artist teams must apply via the Call listed on www.callforentrv.orq. The following information is required: Contact information for a client who can verify the satisfactory completion of at least one public art project. Contact information for two professional references (separate from the client above). Five images of relevant work Artist statement, not exceeding one page, addressing the conceptual approach to the project. Current resume, not to exceed two pages for each artist. Conceptual design drawings including information about the actual dimensions of the artwork and placement in the roundabout. Estimated project budget. Timeframe in which the artist would be able to complete the work from award of contract to installation. Description of materials to be used and their durability. If the sculpture contains lighting, provide wattage, lumens, and color of lighting. Explanation of foundation design and the ability to get a California registered Professional Engineer to sign off on the design. Explanation of maintenance requirements. Applicants must also submit the following: Swing N' Hops Event Ten digital images in high resolution JPEG format of relevant, recently completed artwork, via Dropbox or on a flash drive. Image list identifying images by number, including title, media, completion date, dimensions (HxWxD), and a brief description of the work. Proiect Budget The budget for this project is $125,000. The selected artist or artist team will be responsible for the design, fabrication, shipment to the site, and must work with City staff on installation. The available budget must cover all artists' expenses including, artist fees, taxes, insurance, materials, tools, travel, expense contingency, and other associated costs. Installation, uplighting costs, and permit fees will be covered by the City. Selection Process The Art in Public Places Commission will select up to three finalists for the project. All finalists will be required to develop additional presentation materials and a maquette no higher than two feet. Oral presentations will be scheduled in person or via Zoom video call. The City will Page 3 CITY OF PALM DESERT - CALL FOR ENTRIES SAN PABLO ROUNDABOUT reimburse artists for the costs associated with creation of the maquette, up to $500. Receipts must be provided for reimbursement. The selection criteria are as follows: — Proposed artwork exhibits artistic merit, quality, and innovative design. — Proposed artwork is appropriate to the site in size and materials. — Proposed artwork meets all requirements of this Call for Entries. — Safety of proposed artwork is approved by the City's Public Works Department. The Art in Public Places Commission will make a recommendation to the Palm Desert City Council. The City Council will make the final selection of the artwork. The selected artist(s) must execute the City's Agreement (draft copy available upon request). Application Deadline Applications must be received through www.callforentrv.ora by Monday, March 15, 2021, at 11:59 p.m. (Mountain Zone Time). Submittal Timeline (subject to change at the City's discretion) Application deadline: March 15, 2021 Three finalists notified: Week of April 19, 2021 Oral presentation by finalists to the Art in Public Places (AIPP) Commission: Week of May 10, 2021 AIPP Commission recommendation to Palm Desert City Council: June 10, 2021 Finalist notified: Week of June 13, 2021 Execution of City Agreement: July -August 2021 Deadline for installation: It is desirable that the artwork be completed and installed by October/November 2021. Additional Information For additional information on this project, please contact Amy Lawrence at (760) 837-1664, or via email at alawrence(a�citvofr almdesert.ora Art Smith Trailhead Disclaimer: The City of Palm Desert reserves the right, at any time, to modify this Call for Entries, to modify the City's Agreement, to reject any or all proposals, and to re -open the competition. The final artwork becomes the property of the City, and the City receives all rights to reproduce the artwork. Page 4 Pedestrian Approach Stopping Sight Distance Pedestrian Exit Stopping Sight Distance Pedestrian Right —Turn Stopping Sight Distance 1 ire.‘116 , 4' ‘V 6,1' 0 SCALE : 1"=50' 50 0 50 SAN PABLO AVENUE/SAN GORGONIO WAY — Pedestrian Stopping SIGHT DISTNANCE CITY OF PALM DESERT AUGUST 2020 ",&-uu DJ HIGHWAY 111 EX CVWD SEWER LATERAL EX SCE ELECTRICAL LINE EX SCE PP #4386705E EX CVWD FH EX CVWD WATER VALVE 1 EX CVWD SEWER LATERAL EX FRONTIER TELE LINE E\RONTITELE \._ 0+00 SCE VAULT +U ) 3 I EX CVWD WATER LATERAL EX CVWD SEWER UNE EX SCG 3" GAS UNE EX FRONTIER TELE LINE EX FRONTIER TELE LINE CONSTRUCTION NOTES ADJUST TO GRADE EXISTING UTILITY TO BE RELOCATED BY OTHERS, SEE SPECIFICATIONS EXISTING UTILITY TO BE RELOCATED BY CONTRACTOR PER UTILITY COORDINATION, SEE SPECIFICATIONS 2 3 EX WD 4TER TER EX SCE ELECTRICAL LINE EX CVWD 6" SEWER LATERAL EX SCE PP #4017815 EX CVWD SEWER MANHOLE r1, \ EX SCE VAULT VENT \ V5476265 EX FIRE DEPARTMENT \i CONNECTION EX CVWD 4" SEWER LATERAL EX CVWD WATER METER EX CVWD FH EX CVWD 4" SEWER LATERAL EX FIRE DEPARTMENT CONNECTION 1104‘44tIER DIAL 1� TWO WORKING BEFORE j DAYS BEFORE YOU DIG YOU DIG TOLL FREE "—' 1-800-227-2600 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT EX SCE OVERHEAD LINE EX SCE„ STREET LIGHT CIRCUIT EX SCE OWNED STREET LIGHT EX SCE STREET LIGHT CIRCUIT sd EX SCG GAS LATERAL rn EX SCE HANDHOLE EX SCE STREET LIGHT CIRCUIT EX SCE OWNED STREET LIGHT EX SCE ELECTRICAL LINE 'EX SCG GAS METER EX SCE METER PEDESTAL EX CVWD WATER METER EX CVWD 14" AC WATER LINE \ EX CVWD 8" VCP SEWER LINE 3 EX CVWD WATER VALVE EX CVWD WATER VAULT EX CVWD WATER METER 0a P BENCHMARK: P.D. #119 ELEVATION: 226.821 FT DATUM: NAVD88 LOCATION: 2" UCS&GS BRASS DISC N.E CORNER OF SAN PABLO AND HWY 111 ON TOP OF CONCRETE DRAIN STRUCTURE (2 FT ABOVE GRADE), 4.4 FT SOUTHWEST OF NORTHEAST SIDE, 5.5 FT NORTHWEST OF CURB. (NAVD 88) BASIS OF BEARINGS: THE CENTERLINE OF SAN PABLO AVENUE BEING NO'06'08.95"E. 1 EX CVWD 8" AC WATER LINE EX CVWD WATER VALVE EX CVWD FH 1 I EX CVWD WATER VALVE (3) EX CVWD WATER VALVE w li+Ju 1 EX CVWD 8" DIP WATER LINE EX SPECTRUM OVERHEAD LINE EX SCE PP 1213088E EX SCG GAS VALVE EX CVWD WATER VALVE 1 1 EX CVWD WATER VALVE EX CVWD 14" AC WATER LINE -1-Cu EX CVWD WATER VALVE EX (VWD FtH EX CVWD WATER METER I\\\\\\\ EX SCE PP 0647817 EX SCG GAS METER \ j EX FRONTIER TELE MANHOLE EX CVWD SEWER MANHOLE EX CVWD 14" AC WATER LINE EX CVWD WATER VALVE EX CVWD FH EX SCG 3" GAS LINE -- • EX CVWD WATER LINE — EX CVWD SEWER LATERAL EX FRONTIER PEDESTAL EX CVWD FH EX FRONTIER HANDHOLE EX SPECTRUM PEDESTAL EX SCG 2" GAS LINE gs d SAN PABLO AVENUE t w 2 1 w � Q a EX SCE HANDHOLE EX SCE METER PEDESTAL EX CVWD 4" SEWER LATERAL w EX CVWD WATER METERS EX SCE VALVE EX CVWD WATER METERS (11) EX CVWD 4"SEWER LATERAL EX CVWD WATER METER EX CVWD WATER METER EX CVWD SEWER MANHOLE ENGINEER MARK BY DATE REVISIONS 2 CITY APPR. DATE w EX SCG GAS LATERAL t i i EX CVWD 8" VCP SEWER LINE I EX SCG 2" GAS LINE EX FRONTIER CABINET EX SCG GAS SERVICE II\ \ \ Ti EX CVWD WATER METER t EX SCG GAS METER v.\\\\\v\\ EX SCE ELECTRICAL LINE t L_W. '7EX CVWD FH EX SCG GAS VALVE EX CVWD WATER LATERAL EX CVWD WATER VALVE EX CVWD WATER METER EI Pt, EX CVWD WATER LATERAL EX FRONTIER TELE LINE EX SCE VAULT VENT V5476266 EX SCE VAULT EX SCG GAS LATERAL 1 1EX CVWD WATER VALVE (4) EX FRONTIER TELE LINE EX FRONTIER TELE LINE EX SCG GAS METER EX SCG 2" GAS LINE EX SCG GAS LATERAL EX CVWD 8" DIP WATER LINE, EX CVWD 8" DIP WATER LINE EX SCE VAULT VENT V5476266 I...w--.,.-- EX CVWD WATER VALVE L__ JW 3 ( EXCVWD FH EX CVWD WATER VALVE SAN PABLO AVENUE 5+00 16+00 17+00 ' ,,HIV.. 7 CO EX CVWD WATER VALVE EX CVWD SEWER MANHOLE I 1 di EX CVWD I2"AC WATER LINE EX CVWD 8" VCP SEWER LINE EX SCE OWNED STREJ T LIGHT EX CVWD WATER METER 13 EX CVWD 6" SEWER LATERAL EX SCE STREET LIGHT CIRCUIT EX SCE HANDHOLE EX CVWD WATER METER EX FRONTIER TELE HANDHOLE EX CVWD 6" SEWER LATERAL EX SPECTRUM PEDESTAL EX CVWD SEWER MANHOLE EX FRONTIER TELE LINE EX CVWD WATER METER EX SPECTRUM CABLE EX CVWD 6" SEWER LATERAL EX CVWD 4"SEWER LATERAL DOKKE ENGINEERINI 9 1450 Frazee Rpad, Suite 100, San Diego, CA 92108 PH: 858-514-8377 FAX: 858-514-8608 PREP RE UNL1EF THE DIREC1 SUPERVISION OF: DATE: 2/14/19 JOHI Y A. KLEMUNES, R.C.E. f10. C60728 EXP. 12/31/20 2 2 UTILITY EX CVWD 8" VCP SEWER LINE EX CVWD WATER LATERAL 1 EX SCE ELECTRICAL LINE . EX SCG 2" GAS LINE �i t FRONTIER COMM LINE SCG GAS LINE POTENTIAL CVWD WATER LINE 2 FRONTIER COMM LINE 3CVWD WATER LINE 4 0 FRONTIER COMM LINE SPECTRUM COMM LINE SCE ELECTRICAL © SPECTRUM COMM LINE STORM DRAIN EX 19+OOq I EX SCG -GAS LATERAL EX CVWD FH I v ' EX CVWD WATER VALVE EX SCE ELECTRICAL LINE EX CVWD SEWER LATERAL EX CVWD WATER METERS (6) EX SCG 2" GAS UNE EX CVWD 8" VCP SEWER LINE EX CVWD SEWER MANHOLE EX CVWD 8" VCP SEWER LINE EX CVWD WATER METERS 1/ EX CVWD WATER LATERAL 3 EX CVWD WATER VALVE(3) 3 EX CVWD WATER METERS EX CVWD FH EX CVWD SEWER LATERAL EX SCE VAULT VENT V5476267 EX SPECTRUM PEDESTAL r EX CVWD WATER METER EX CVWD 6" SEWER LATERAL EX SPECTRUM CABLE EX SCG 1" GAS SERVICE EX SPECTRUM ROUND PEDESTAL EX CVWD WATER METER EX CVWD 6" SEWER LATERAL CVWD SEWER MANHOLE 1 }; EX SCE VAULT X5476268 I EX CVWD WATER METER 1 I EX CVWD WATER VALVE(3) EX CVWD SEWER MANHOLE EX SCE OWNED STREET LIGHT EX SCE HANDHOLE EX SPECTRUM PEDESTAL POTHOLE LOCATION TABLE* NORTHING EASTING STATION/OFFSET 2206388.83 2206469.87 2206782.12 2206964.75 2207518.22 2208085.01 *DATA APPROXIMATE FOR INFORMATIONAL PURPOSE ONLY GI`8Y ►P PALM r tics-1 ®EPAPITMENT C7P PLIEIL-IG WGRKES APPROVED BY: CITY ENGINEER R.C.E. 64819, EXP. 6/30/2019 REVIEWED AND RECOMMENDED BY: DATE 6521323.44 6521424.10 6258868.25 6521404.22 6521346.53 6521381.85 PLAN CHECKED BY: TRAFFIC LANDSCAPE 2+40.11 "SP" 49.67' LT 3+21.32 "SP" 50.84' RT 6+33.47 "SP" 8.92' LT 8+15.80 "SP" 30.03' RT 13+71.32 "SP" 24.79' RT 19+36.76 "SP" 16.71' RT CO CO EX CVWD 8" DIP WATER LINE EX CVWD 8" VCP SEVER UNE EX SCG 2" GAS LINE I 8 TOP OF PIPE DEPTH 3.30' 6.01' 2.16' 2.92' 3.64' 1.80' 2.88' 3.62' 1.36' 1.54' MATCHLINE SCALE 1"=40' TOP OF PIPE ELEVATION 215.37' 216.51' 207.73' 206.20' 195.28' 194.54' 190.49' 190.31' CITY OF PALM DESERT UTILITY PLAN SAN PABLO AVENUE LEGAL DESCRIPTION (I.E. LOCATED IN A PORTION OF THE NW 1/4 OF SHEET OF 31 101 CITY FILE NUMBER a. hr) /4 1/4" OR 1/2" STEEL PLATE L Fr TO BE PROVIDED BY OTHERS. H --TOOTHED ANCHOR CHANNELS 16'L r 1 L 4" 1 — �J L = • 2_ TOOTHED T—BOLTS / L I M20 X80 GV—S 8.8 I K- 1-5" • / ( IF ,c lc- / I K L _ _. 8 / u) L L 1 6 L / L / L L F co TEMPORARY INSTALL OF SALVAGE LIGHTS FROM OLD PADS. IRREGULAR SHAPED ART WORK PROVIDE NEW LIGFT BOX PROVIDE NEW CONDJIT TOP #4 24" OC SECTION N #5 18" OC EW N) - III_ =IIIIII �III-I1- . II III -III I I � I I I -III -III -III, II II III i II MAXIMUM HEIGHT • • MAXIMUM WEIGHT = 3000 LBS MAXIMUM OVERTURNING MOMENT = 17,250 FT—LBS (SEISMIC) ASCE 7-10 TENSION = 3,450 LBS (SEISMIC) — 6 BOLTS (575 LBS/BOLT) SHEAR = 3000 LBS (SEISMIC) — 6 BOLTS (500 LBS/BOLT) 3250 PSI CONCRETE DATE: AUG. 2016 JM DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT IRREGULAR SHAPED ART EL PASEO Exhibit "D" Photo of roundabout traveling south bound Exhibit "D" Photo of roundabout traveling north bound Exhibit "D" Facing South Facing North Exhibit "D" Photo of roundabout traveling west bound Exhibit "D" Facing West Facing Southwest EXhihit^[)^ Facing South Facing Southeast EXhihit^[]^ Facing East Facing Northeast Exhibit "D" Facing Northeast Facing North Exhibit "D" Facing Northwest CONTRACT NO. C35520F CITY OF PALM DESERT AGREEMENT FOR COMMISSION OF PUBLIC ART WORK This Agreement for Commission of Public Art Work ("Agreement") is entered into this day of , 2021, by and between the City of Palm Desert, a public agency organized and operating under the laws of the State of California ("City"), and ("Artist"). City and Artist are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS WHEREAS, City is implementing a public art program pursuant to: Chapter 4.10 of Palm Desert Municipal Code, establishing an art in public places program and related development fee in City; pursuant to Ordinances 900 and 936, Ordinances of the City Council of the City, establishing the organization, objectives, and responsibilities of the Palm Desert Art In Public Places Commission (the "Commission"); and pursuant to the City's "Art In Public Places" guidelines; and WHEREAS, Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist's work; and WHEREAS, City desires for Artist to create an original work of art entitled "XXXXX" (the "Art Work") for placement at the Roundabout on San Pablo Avenue and San Gorgonio Way (the "Site"). Artist's concept design (the "Proposal"), which is attached hereto as Exhibit "A", has been reviewed and approved by City and is hereby made a part of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises set forth herein, the Parties agree to the following: Section 1. SCOPE OF WORK; SCHEDULE. A. Artist shall provide all machinery, equipment, supplies, items, parts, materials, labor or other services, including design and engineering services, necessary: to prepare and submit plans and specifications for installation of the Art Work, including, but not limited to, foundation and lighting plans; and for the design, fabrication, transportation, and oversight of the installation of the Art Work (the "Work"). The Work is more particularly described in Exhibit "B" attached hereto and incorporated herein by reference. The Work shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. B. The Work shall consist of two phases: the Final Design Phase and the Fabrication/Installation Phase. The City shall issue a Notice to Proceed for each Phase. C. Final Design Phase. Page 1 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F 1. Upon the City issuing a Notice to Proceed with the Final Design Phase, the Artist shall commence the Final Design Phase and complete the Final Design Phase work within calendar days of the Notice to Proceed date. 2. The Final Design Phase tasks shall include, but are not limited to, the following: • Preparing the final plans and specification for the installation of the Art Work • Preparing the final design of the Art Work. • Preparing a lighting plan for Art Work • Consulting with City staff and other parties identified by the City to ensure that Work is in full compliance with this Agreement. • Delivering Art Work to the Site D. Fabrication/Installation Phase 1. Upon completion of the Final Design Phase and approval of the final design of the Work by the City, the City will issue a Notice to Proceed with the Fabrication/Installation Phase. The Artist shall commence the Fabrication/Installation Phase and complete the Fabrication/Installation Phase work within calendar days of the Notice to Proceed date. 2. The Fabrication/Installation Phase tasks shall include, but are not limited to, the following: • Procurement of materials and fabrication of the Art Work, • Delivery of the Art Work to the Site, • Oversight of installation of the Art Work. • [***ADD TASKS AS NEEDED***] E. Artist agrees that if the Work is not completed within the aforementioned timeframes and/or pursuant to any such performance milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Section 2. DELIVERY A. The time of Artist's performance is of the essence for this Agreement. The Art Work will be delivered to the site at a date and time agreed upon by the City and Artist. Artist must immediately notify City in writing any time delivery is behind schedule or may not be Page 2 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F completed on schedule. Prior to delivery of the Art Work, the Artist shall notify the City in writing when fabrication of the Art Work is complete and Artist is ready for delivery of the Art Work to the Site. Damage to City or public facilities or private property caused by the Artist or by its subcontractors during delivery shall be repaired and/or replaced in kind at no cost to the City. Section 3. INSTALLATION A. The City is responsible for preparation of the Site and installation of the Art Work as required by the Artist's plans and specification for the installation of the Art Work. B. Within thirty (30) days after the installation of the Art Work, Artist shall furnish the City with the following documentation of the installed Art Work: 1. Written instructions for the appropriate maintenance and preservation of the Art Work. C. The Artist shall be available at all times during installation of the Art Work at the Site for consultation with the City and, if requested by the City, attend a dedication ceremony relating to the transfer of the Art Work to the City. D. Artist shall advise City in writing when the Work required under this Agreement have been completed in conformity with this Agreement. The City shall notify Artist in writing of the final acceptance (or non -acceptance) of the Work. Section 4. COMPENSATION A. The City shall pay Artist One Hundred Twenty -Five Thousand Dollars ($125,000.00), which will constitute full compensation and payment for all Work to be performed under this Agreement. No extra charges of any kind will be allowed unless specifically agreed to in writing by City's authorized representative. The total price shall include all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Art Work furnished to City hereunder. Section 5. CHANGES A. City, at any time, by a written order, may make changes in to the Work, including but not limited to, City's requirements and specifications. If such changes affect the cost of the Work or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Artist and such change will be authorized by a change order document signed by City and accepted by Artist. B. After approval of the final design of the Work by the City, Artist shall not make changes to the Work without the written consent of the City. Page 3of17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F Section 6. PAYMENT A. All requests for payment shall be submitted to the Economic Development Management Analyst in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the Economic Development Management Analyst supporting the Work completed. B. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the Work. C. Payment shall be made in accordance with the following schedule: 1. Commencement of the Final Design Phase (10%) - Twelve Thousand -Five Hundred Dollars ($12,500) 2. Commencement of Fabrication (60%) - Seventy-five Thousand Dollars ($75,000) 3. Completion and Delivery of Art Work (20%) — Twenty -Five Thousand Dollars ($25,000) 4. Final Acceptance (10%) — Twelve Thousand Dollars ($12,500) D. Payments otherwise due may be withheld by City on account of defective Art Work not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Artist to make payments properly to its subcontractors or for material or labor, the failure of Artist to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Artist's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Artist's expense. E. Payment of the Final Acceptance payment will be made by City upon: 1. Submission of an invoice for satisfactory completion of final acceptance and in the amount associated with the Final Acceptance payment; 2. Written acceptance of the Work by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and Page 4 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Artist may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. F. Acceptance by Artist of payment of the Final Acceptance payment will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Artist then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for Final Acceptance by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Artist, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 7. WARRANTY. A. Artist represents and warrants that (a) the Art Work is solely the result of artistic effort of Artist and its representatives; (b) the Art Work is unique and original and does not infringe upon any copyright; (c) the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any liens from any source whatsoever. B. Artist warrants that the Art Work will be free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as agreed to by Artist and City, from the date of final written acceptance of the Art Work by City as required for final payment under this Agreement. For any breach of the warranties contained in this Section, Artist will, immediately after receiving notice from City, and at Artist's own expense and without cost to City repair the defective Art Work. All such defective Art Works that is so remedied will be similarly warranted as stated above. In addition, Artist will repair or replace other items of the Art Work which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. C. Artist agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. D. In the event of a breach by Artist of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law. Section 8. COPYRIGHT; REPRODUCTION RIGHTS A. Copyright of the Art Work and related design, drawings, sketches, and models will be owned by the Artist until acceptance of Artist's Work by the City or termination of the Agreement. Notwithstanding the foregoing, Artist agrees not to make use of such copyright in the Art Work for any purpose other than the performance by Artist of Artist's obligations under this Agreement of public artwork, without the written consent of City. Upon acceptance of Page 5of17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F Artist's Work, copyright of the Art Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist and the City without the written consent of the other, which consent will not be unreasonably withheld. Artist certifies that the Art Work is a unique work of art especially designed for the City and shall not duplicate or reproduce the Art Work nor shall the Artist permit others to do so except with the written permission by the City. The City has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of the City describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Art Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Artist for such use. B. All reproductions of the Art Work by the City shall contain a credit to the Artist. C. City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting Artist and Artist's career, two-dimensional images such as photos, slides or realistic renderings, video tapes, or films of the Art Work as installed and formally accepted by the City. Such reproductions and use of the images of the Art Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to the Artist for such use. Such reproduction and images of the Art Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City. D. Artist shall use his/her best effort to give a credit in any public showing under Artist's control of illustrations of the Art Work as follows: "An original work owned and commissioned by the City of Palm Desert, California." Section 9. STANDARD OF CARE; INDEPENDENT CONTRACTOR. A. Artist shall perform all Work under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. B. Artist enters into this Agreement as an independent contractor and not as an employee of City. Artist shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Artist are employees, agents, contractors or subcontractors of the Artist and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Artist by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 10. COMPLIANCE WITH LAWS A. Artist shall comply with all applicable laws and regulations of the federal, state and local government. Page 6 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F B. Artist is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If any work performed by Artist under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more, Artist agrees to fully comply with such Prevailing Wage Laws. Artist shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Artist or any subcontractor that affect Artist's performance of any part of this Agreement, including any delay, shall be Artist's sole responsibility and Artist shall indemnify City from liability arising out of the same. It shall be mandatory upon the Artist and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1. Section 11. SUBCONTRACTS. A. Unless otherwise specified, Artist must obtain City's written permission before subcontracting any portion of the Work. Except for the insurance requirements in this Agreement, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Art Work, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Artist from its obligations to City, including, but not limited to Artist's insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE: RISK OF Loss. A. Title to the Work shall pass to City upon final acceptance. Artist hereby assigns the right to collect the royalty payment provided by Civil Code Section 986 to City and to City's assigns. B. Except as expressly provided in this Agreement, City shall not intentionally damage, alter, modify, or change the Art Work without the prior written consent of Artist, which will not be unreasonably withheld. Artist acknowledges and agrees that City may require the Site for purposes other than the display of the Art Work. City agrees that it will notify Artist of any proposed alteration of the Site that would require the removal or relocation of the Art Work or affect the intended character and appearance of the Work and will consult with Artist in the planning and execution of any such removal, relocation, or alteration and will make a reasonable Page7of17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F effort to maintain the integrity of the Art Work. Notwithstanding the foregoing, the City may remove the Art Work at any time at its sole and complete discretion. C. The risk of loss or damage to the Art Work shall be borne by Artist until written notice of final acceptance, and Artist shall take such measures as are necessary to protect the Art Work from loss or damages until final acceptance. Section 13. INDEMNIFICATION. A. Artist shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Artist, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Artist's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Artist's own cost, expense, and risk. Artist shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Artist shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Artist's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. Minimum Requirements. Without limiting Artist's indemnification of City, and prior to commencement of the Services, Artist shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 1. General Liability Insurance. Artist shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2. Automobile Liability Insurance. Artist shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily Page 8 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F injury and property damage for all activities of the Artist arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Artist will not be utilizing a vehicle in the performance of his/her duties under this Agreement. 3. Professional Liability (Errors & Omissions) Insurance. Artist shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Artist agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Workers' Compensation Insurance. Artist shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Artist shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. 5. Umbrella or Excess Liability Insurance. Artist may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Artist shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall "follow form" to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. B. Other Provisions or Requirements. 1. Proof of Insurance. Artist shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Page9of17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Artist shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Artist, his/her agents, representatives, employees or subconsultants. 3. Primary/Non-Contributing. Coverage provided by Artist shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. 4. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Artist, or City will withhold amounts sufficient to pay premium from Artist payments. In the alternative, City may terminate this Agreement. 5. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 6. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Artist hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. 7. Enforcement of Contract Provisions (non estoppel). Artist acknowledges and agrees that any actual or alleged failure on the part of the City to inform Artist of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 8. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific Page l0 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Artist maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Artist. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 9. Notice of Cancellation. Artist agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 10. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. 11. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 12. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Artist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 13. Pass Through Clause. Artist agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Artist, provide the same minimum insurance coverage and endorsements required of Artist. Artist agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Artist agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. 14. City's Right to Revise Specifications. The City and the City's Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results in additional cost to the Artist, the City and Artist may renegotiate Artist's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 15. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be Page 11 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 16. Timely Notice of Claims. Artist shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Artist's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 17. Additional Insurance. Artist shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Section 15. LIENS. A. Artist, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Art Work, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and Artist, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Artist, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Artist will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Artist will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Artist at any time refuse or fail to deliver the Art Work with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Artist's right to proceed with the delivery of the Art Work by written notice to Artist. In such event City may obtain the Art Work by whatever method it may deem expedient, including the hiring of another artist and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Artist. In such case Artist will not be entitled to receive any further payments until the Art Work is delivered and installed. If City's cost of obtaining the Art Work, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Artist will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Artist's right to proceed with the Work by written notice to Artist. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Artist, and will not affect the obligations and duties of Artist under the Agreement. Upon termination, Artist shall be compensated only for that Work which has been adequately rendered to City, and Artist Page 12 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. C. If this Agreement is terminated as provided herein, City may require Artist to provide all finished or unfinished documents and data and other information of any kind prepared by Artist in connection with the performance of he Work under this Agreement. Artist shall be required to provide such document and other information within fifteen (15) days of the request. Section 17. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Palm Desert ARTIST: [***INSERT NAME, ADDRESS & CONTACT PERSON***] 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: [***INSERT NAME & DEPARTMENT***] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Artist shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Artist from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. Page 13 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. H. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. I. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. J. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. K. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. L. City's Right to Employ Other Artists. City reserves its right to employ other contractors in connection with the Goods. M. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] Page 14 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F SIGNATURE PAGE FOR AGREEMENT OF COMMISSION OF PUBLIC ART WORK BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PALM DESERT [INSERT ARTIST NAME] Approved By: KATHLEEN KELLY, MAYOR Date Attested By: NORMA I. ALLEY, CITY CLERK Approved As To Form: CITY ATTORNEY Page 15 of 17 72500.00001 \34237908.1 W:AStaff Reports - Shared 2\Staff Reports 11-18-2021\4 - Signature Name Title Date CONTRACT NO. C35520F EXHIBIT "A" PROPOSAL [Attached Behind Page] Page 16 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 - CONTRACT NO. C35520F EXHIBIT "B" SCOPE OF WORK [***CITY TO LIST SCOPE OF WORK AND WHAT IS REQUIRED FROM START TO FINISH TO COMPLETE THE WORK, INCLUDING REQUIREMENTS SPECIFIC TO THE ART WORK***] Page 17 of 17 72500.00001 \3423 7908.1 W:\Staff Reports - Shared 2\Staff Reports 11-18-2021\4 -