HomeMy WebLinkAboutC28440 - Heath Satow - Monterey Ave Median Art Piece CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Approve and Award the Design and Construction of the
Monterey Avenue Median Art Piece Sculpture (937-06)
SUBMITTED BY: Mark Greenwood, P.E.
Director of Public Works
CONTRACTOR: Heath Satow Sculpture
318 Date Avenue
Alhambra, CA 91803
DATE: January 08, 2008
CONTENTS: Proposal
Agreement
Recommendation:
By Minute Motion:
1. Approve the proposed art piece sculpture for the Monterey Avenue
median
2. Award Contract No. C 2844o to Heath Satow for the design and
construction of the art piece, in the amount of$248,900.00; and
3. Authorize the Mayor to execute the agreement.
Discussion:
In July of 2005, the City applied for a Federal Transportation Enhancement Grant
to install landscaping on the Monterey Avenue median located north of Dinah
Shore. The grant proposal included an art piece sculpture for the median and
the landscape improvements to the median and the west and east facing slopes.
The Resolution of Support was approved by City Council on August 15, 2005 and
the T.E.A. Grant was awarded to the City. At its December 13, 2007 meeting,
City Council awarded the design contract to David Evans and Associates. The
design documents have been completed and presented to the California
Department of Transportation for review, approval, and allocation of funds.
Award Design and Construction of Art Piece to Heath Satow
Page 2 of 2
January 08, 2008
On December 11, 2008, the Riverside County Transportation Commission
approved the City's allocation request. The approval sets into motion a six-
month time frame to award the projecYs construction contract. The construction
of the art piece needs to commence now in order for it to be installed in
coordination with the landscape.
Heath Satow of Heath Satow Sculpture was selected to design and fabricate the
art piece. He has presented several potential designs to the Landscape �
Beautification Committee and the Art in Public Places Commission. Both groups �
have agreed and approved the sculpture presented in the attached ,�
documentation. �
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Fiscal Impact: Funds are available in account 400-4645-433-4001. � .� ��
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Therefore, staff recommends that, by Minute Motion, City Council approve the � � o
proposed art piece sculpture, award Contract No. C to Heath Satow for � a a
the design and construction of the art piece in the amount of $248,900.00, and y � �
authorize the Mayor to execute the agreement. a � +�
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G:IPubWorksIPROJECTS1937-06 Landscape-Monterey at Dinah Shore Landscape and ArtlStaff Reports101-08-08 Award Sculpture Contract to Heath
SatowlAward Sculpture Contract to Heath Satow.doc
Heath Satow Sculpture
Sculpture and architecfural elements in metal
318 Date Avenue
Alhambra, CA 91803 DATE: 12/16/08
Toll free: 866-432-8411
Quote for:
American Kestrel Sculpture
located on Monterey Avenue near
Dinah Shore Drive intersection
DESCRIPTION AMOUNT
Design $12,000
Materials and Fabrication $221,000
Shipping $4,200
Installation $11,700
TOTAL $248,900
Contract No. C28440
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
THIS AGREEMENT is entered into this 8t" day of January, 2008, by and between
the City of Palm Desert, a municipal corporation (the "City") and Heath Satow
(the "Artist").
RECITALS
WHEREAS, the Artist 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 the City, and pursuant to Ordinances
900 and 936, Ordinances of the City Council of the City of Palm Desert,
California, establishing the organization, objectives, and responsibilities of the
Palm Desert "Art In Public Places Commission" ("The Commission"), and
pursuant to the City of Palm Desert "Art In Public Places" program manual; and
WHEREAS, the Artist is a recognized professional artist, and the City
acknowledges sufficient familiarity with the style and quality of the ArtisYs work,
and; the City desires the Artist to create an original work of art "The American
Kestrel" ("the Work") for location at the Monterey Avenue Median, north of Dinah
Shore ("the Site"). The Artist's concept design ("the Proposal" which shall be
attached as Exhibit "A"), has been reviewed and approved by the City. The Artist
shall commence with fabrication, transportation, and installation of the Work to
the Site.
NOW, THEREFORE, the City and the Artist, for the consideration and
under the conditions hereinafter set forth, and pursuant to the authority, terms,
and conditions set forth in Chapter 4.10 of the Palm Desert Municipal Code,
1
Contract No. C28440
Ordinances 900 and 936, and the City of Palm Desert "Art In Public Places"
program manual, agree as follows:
ARTICLE 1: SCOPE OF SERVICES
1-1 GENERAL
(a) The Artist shall perform all services and furnish all supplies,
materials, artist and agent travel, and equipment as necessary for the
design, execution, fabrication, transportation, and installation of the Work
at the Site with the exception of the foundation, and in accordance with the
terms in this Agreement.
1-2 REVIEW OF THE PROPOSAL
(a) The Artist or designee has prepared and submitted to the City
artwork specifications and presentation drawings of the Work in elevation
and plans, containing the following items, which shall be the "Proposal".
i. One copy of a written description and technical
specifications of the Work on 8.5" x 11" pages including the
following information:
• Artwork Description;
• Materials description of the scu/pture and site work;
• Fabrication and installation procedures;
• Yearly Maintenance and Conservation;
• Work plan and Production Schedule;
• Budget breakdown;
• Artist resume or curriculum vitae;
• Proposed list of subcontractor(those known to date);
• Other information about the Work as may be
reasonably required by the City and Commission in
order to certify the compliance of the Work with
applicab/e statutes and ordinances. Said exhibits will
become the property of the City upon submission by
the Artist. Upon request by Artist, the City shall
2
Contract No. C28440
promptly furnish all available exhibits in connection
with said submission at the artist's expense.
(b) Upon approval by the City Council and written direction to move
forward, the Artist shall commence with fabrication, transportation, and
installation of the Work at the Site.
(c) The City may require the Artist to make such revisions to the
proposed Work as are necessary for the Work to comply with applicable
statutes, ordinances, or regulations governing the project.
(d) The City may require revisions of the Work for practical (non-
aesthetic) reasons.
(e) The Artist fee may be equitably adjusted for any increase or
decrease in the Artist's cost of, or time required for, performance of any
revisions pursuant to this Section 1-2. Any claim of the Artist for
adjustment under this paragraph must be presented to the City in writing
within thirty (30) days after the date of the revision by the Artist.
(f) Within thirty (30) days after receipt of the Artist's revisions, pursuant
to this Section 1-2, the City shall notify the Artist of its approval or
disapproval of such revisions. The City may require the Artist to submit
additional revisions until such revisions are accepted by the City.
Revisions made and accepted by the City pursuant to this Section 1-2
become a part of the final design, technical specifications and fabrication
and installation schedule of the Work, which shall be attached to this
Agreement as Exhibit "B".
3
Contract No. C28440
1-3 EXECUTION OF THE WORK
(a) Pursuant to Section 1-2 above, the Artist shall commence
fabrication of the Work, in accordance with such schedules. Although the
schedule may be amended by written agreement between the City and the
Artist, it is agreed that the Artist shall perform all of the obligations under
this contract on or before June 8, 2009.
(b) The City and the Commission shall have the right to review the
Work at reasonable times during the fabrication. The Artist shall submit to
the City and to the Commission progress reports in accordance with the
schedule required by Section 1-2.
(c) The Artist shall complete the fabrication and installation of the Work
in substantial conformity with the approved Proposal.
(d) The Artist shall present to the City and to the Commission, in
writing, for further review, any "significant changes" in the scope, design,
color, size, material, or texture of the Work not permitted by or not in
substantial conformity with the Proposal. A "significant change" is:
i. Any material change in the scope, design, color, size,
material, texture, or location of the Work on the Site;
ii. Any material change in the Work that affects installation,
scheduling, site preparation, or maintenance for the Work; or
iii. Any change in the concept of the Work as represented in the
accepted proposal.
4
Contract No. C28440
(e) If changes reviewed by the City and Commission are not approved,
the Artist will not resume the Work nor resume the payment schedule until
changes to the Work are reviewed and approved by the City and
Commission.
1-4 DELIVERY AND INSTALLATION
(a) Prior to commencement of work at the Site, the Artist shall notify
the City of schedules for installation. The Artist shall be responsible for all
expenses, labor, and permits.
(b) Prior to delivery of the Work, the Artist shall notify the City and
Commission in writing when fabrication of the Work is completed and the
Artist is ready for delivery of the Work to the Site.
(c) The Artist shall provide for completion of the Work in compliance
with appropriate codes and the approved schedule.
1-5 POST INSTALLATION
(a) Within thirty (30) days after the installation of the Work, the Artist
shall furnish the City with the following documentation of the Work as
installed:
i. Two sets of three 35mm color stides of the completed Work,
one taken from each of three different view points;
ii. The City shall have the right to duplicate and distribute for
any noncommercial purpose the artwork documentation
supplied by the Artist under this Agreement;
5
Contract No. c2844o
iii. The Artist shall be available at such time or times as may be
agreed between City and Artist to attend any inauguration or
dedication ceremonies relating to the transfer of The Work to
the City. The City shall use its best efforts to arrange for
publicity for the completed work in such art publications and
otherwise as may be determined between the City and the
Artist as soon as is practical following installation.
(b) Upon installation of the Work, the Artist shall provide the City with
written instructions for appropriate maintenance and preservation of the
Work.
1-6 FINAL ACCEPTANCE
(a) The Artist shall advise the City in writing when all services required
under this Agreement have been completed in substantial conformity with
this Agreement.
(b) The City shall notify the Artist in writing of the final acceptance (or
nonacceptance) of the Work.
(c) Final acceptance shall be effective as of the earlier of the following
dates:
i. The date of the City's notice of final acceptance; or
ii. The 30'" day after the Artist has sent written notice to the
City required under Section 1-6(a) unless the City, upon
receipt of such 30-day notice and prior to the expiration of
the 30-day period, gives the Artist written notice specifying
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Contract No.C28440
and describing the services, which have not been
completed.
1-7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final
acceptance, and the Artist shall take such measures as are necessary to protect
the Work from loss or damages until final acceptance.
1-8 INDEMNITY
Upon final acceptance of the Work, the Artist shall indemnify and hold the City
and the Commission harmless from any and all claims or liabilities then existing
or arising thereafter from the ArtisYs negligence or willful misconduct in
connection with the Work.
1-9 TITLE AND ASSIGNMENT OF ROYALTY RIGHTS
(a) Title to the Work shall pass to the City upon final acceptance. The
Artist hereby assigns the right to collect the royalty payment provided by
Civil Code Section 986 to the City and to City's assigns.
(b) Except as expressly provided in the Proposal, the City shall not
intentionally damage, alter, modify, or change the Work without the prior
written consent of the Artist.
(c) The Artist acknowledges and agrees that the City may require the
Site for purposes other than the display of the Work. The City agrees that
it will notify the Artist of any proposed alteration of the Site that would
require the removal or relocation of the Work or affect the intended
character and appearance of the Work and will consult with the Artist in
7
Contract No.C28440
the planning and execution of any such removal, relocation, or alteration
and will make a reasonable effort to maintain the integrity of the Work.
ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE
2-1 AGREEMENT AMOUNT AND PAYMENT
(a) The City shall pay the Artist an amount not to exceed $248,900.00,
which will constitute full compensation and payment for all services to be
perFormed under this Agreement including execution, fabrication, artist
and/or agent travel, transportation, and installation. Payment shall be
made in accordance with Schedule included in Proposal.
Commencement of Fabrication
Thirtv percent (40°/a) ($74,670.00) of the Commission upon
commencement of fabrication, as detailed in Proposal.
Completion/Delivery/Installation of the Work
Thirtv percent (30%) ($74,670.00) of the Commission upon completion of
the fabrication of the Work and thirty percent (30°/a) ($74,670.00) upon
final installation of the Work.
Final Acceptance
Ten percent (10%) ($24,890.00) of the Commission upon completion of all
outstanding work and review and approval of Work by the City.
(b) All requests for payment shall be submitted to the Public Arts
Manager in writing for review and approval and must be accompanied by
a detailed invoice and original receipts and other documentation as
required by the Public Arts Manager supporting work completed.
8
Contract No.C28440
(c) Payment shall be issued within 30 days of approval of detailed
invoices and requests for payment by the Public Arts Manager.
2-2 ARTIST'S EXPENSES
The Artist shall be the responsible party for all mailing or shipping charges
on submissions to the City, and the costs of all travel by the Artist and the
Artist's agents and employees necessary for the proper performance of
the services required under this Agreement.
ARTICLE 3: WARRANTIES
3-1 WARRANTIES OF TITLE
The Artist represents and warrants that:
(a) The Work is solely the result of artistic effort of the Artist;
(b) Except as otherwise disclosed in writing to the City, the Work is
unique and original and does not infringe upon any copyright;
(c) That the Work, or a duplicate thereof, has not been accepted for
sale elsewhere; and
(d) The Work is free and clear of any liens from any source
whatsoever.
3-2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants that:
(a) The execution and fabrication of the Work will be performed in a
professional manner(expert, qualified, skilled);
(b) The Work, as fabricated and installed, will be free from defects in
material (except such defects as are normally present and unavoidable in
9
Contract No.c28440
natural materials and outlined in Proposal) and workmanship, including
any defects or qualities which cause or accelerate deterioration of the
Work; and
(c) Reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance
recommendations by the Artist to the City;
(d) The warranties described in this Section 3-2 shall survive for a
period of one (1) year after final acceptance of the Work. The City shall
give notice to the Artist of any observed breach with reasonable �
promptness. The Artist shall, at the instruction of the City, and at no cost
to the City, cure reasonably and promptly the breach of any such warranty
which is curable by the Artist and which cure is consistent with
professional standards, including for example, cure by means of repair or
refabrication of the Work as determined by the City.
ARTICLE 4: INSURANCE
4-1 GENERAL
Before commencement of any work at the site, the Artists shall apply for
and must receive approval for an Encroachment Permit from the
Department of Public Works. The permit requires execution of a Hold
Harmless Agreement and an Agreement to provide insurance for the
duration of the work performed. The insurance specifications required in a
standard Encroachment Permit include general liability insurance with a
$1,000,000 combined single limit, and an endorsement adding the City, its
10
Contract No.c28440
agents, officers, and employees as additional insured. If the artist is using
a vehicle for delivery and installation, automobile liability insurance is
required and, if the artist has additional workers directly employed,
Workers Compensation insurance is required at the statutory limits. The
Encroachment Permit application (attached) provides additional details.
The Artist shall not commence work under this Contract until the Artist has
secured all insurance required under this section, and provided written
proof to the City, nor shall the Artist allow any subcontractor to commence
work on any subcontract until all similar insurance required of the
subcontractor has been obtained and submitted to the City in writing.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Work and related design, drawings, sketches, and models
will be owned by the Artist until acceptance of the Artist's Work by the City
pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist
agrees not to make use of such copyright in the Work for any purpose
other than the performance by the Artist of the Artist's obligations under
this Artwork Agreement, without the written consent of the City. Upon
acceptance of the Artist's Work pursuant to Section 1-6 hereof copyright
in the Work will be owned jointly by the City and the Artist and no further
use of the copyright will be made by the Artist or the City without the
written consent of the other, which consent will not be unreasonably
withheld.
11
Contract No.c28440
5-2 The Artist certifies that the Artwork is a unique work of art especially
designed for the City, and shall not duplicate or reproduce the Work nor
shall the Artist permit others to do so except with the written permission of
the City.
5-3 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 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.
5-4 CREDIT TO THE ARTIST
All reproductions of the Work by the City shall contain a credit to the Artist.
5-5 CREDIT TO THE CITY
The Artist shall use his best effort to give a credit in any public showing
under the Artist's control of illustrations of the Work as follows: "An
original work owned and commissioned by the City of Palm Desert,
California."
ARTICLE 6: ARTIST'S RIGHTS
6-1 MAINTENANCE
The City shall reasonably protect and maintain the Work against the
ravages of time, vandalism, and the elements, in accord with the
instructions of the Artist provided under Section 1-5(b).
12
Contract No. C28440
6-2 ARTIST REPRODUCTION RIGHTS
Pursuant to Article 5, Section 5-1, the 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
the Artist and the Artist's career, two-dimensional images such as photos,
slides or realistic renderings, video tapes, or films of the Work as installed
and formally accepted by the City. Such reproductions and use of the
images of the 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 Work for publicity, promotion, and educational purposes
shall, to the extent reasonably possible and appropriate, give reference to
the City of Palm Desert.
ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent
contractor and not as an agent or employee of the City. The Artist shall not be
supervised by any employee or official of the City nor shall the Artist exercise
supervision over any employee or official of the City. The City alerts the Artist to
the provisions of the Labor Code §1771, which may require the payment of
prevailing wages.
ARTICLE 8: _ASSIGNMENT, TRANSFER AND SUBCONTRACTING
Neither the City nor the Artist shall assign or transfer any interest in this
Agreement without prior written consent of the other. The Artist may subcontract
13
Contract No.C28440
portions of the services to be provided hereunder at the Artist's expense provided
that said subcontracting shall not affect the design, appearance or visual quality
of the Work and shall be carried out under the personal supervision of the Artist,
and in accordance with all applicable laws.
ARTICLE 9: TERMINATION
If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely
or proper manner, or otherwise violate any of the covenants or agreements
material to this Agreement, then the other party shall thereupon have the right to
terminate this Agreement by giving written notice to the defaulting party of its
intent to terminate, specifying the grounds for termination. The defaulting party
shall have thirty (30) days after receipt of the notice to cure the default. In the
event of default by the Artist, all finished and unfinished drawings, sketches,
photographs, and other products prepared and submitted or prepared for
submission by the Artist under this Agreement shall, at the City's option, become
City property. This, however, shall not relieve the Artist of liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the
Artist. In addition to all other remedies, the City may reasonably withhold
payments to the Artist until such time as the exact amount of damages due the
City from the Artist is determined.
ARTICLE 10: PUBLIC ART COORDINATOR AND CONTRACT
ADMINISTRATOR
The Contract Administrator for this Agreement shall be the Public Arts Manager
of the City of Palm Desert, or his/her designee.
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Contract No. C2844o
ARTICLE 11: NON-DECIMATION
In carrying out the performance of the services designated, the Artist shall not
discriminate as to race, religion, sex, age, sexual orientation, national origin, or
the presence of any physical, mental or sensory handicap.
ARTICLE 12: COMPLIANCE
The Artist shall be required to comply with all federal and state laws and City
statutes, ordinances, and regulations appiicable to the performance of the Artist's
services under this Agreement, including but not limited to, Chapter 4.10 of the
Palm Desert Municipal Code, Ordinances 900 and 936, and the City of Palm
Desert "Art in Public Places" manual. �
ARTICLE 13: ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the
parties hereto, and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
ARTICLE 14: MODIFICATION
No alternation, change, amendment, or modification of the term of this
Agreement shall be valid, unless made in writing and signed by both parties
hereto and approved by appropriate action of the City and the Commission.
ARTICLE 15: WAIVER
No waiver of performance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants, or conditions in this
15
Contract No. C28440
Agreement. The payment or acceptance of fees for any period after a default
shall not be deemed a waiver of any right nor an acceptance of performance.
ARTICLE 16: GOVERNING LAW
This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
ARTICLE 17: HEIRS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the City
and of the Artist and of their respective heirs, personal representatives,
successors, and permitted assigns.
ARTICLE 18: NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon delivery and receipt thereof, as the case
may be, if delivered personally or sent by certified mail, return receipt requested,
postage-prepaid as follows:
City: Artist:
c/o Public Arts Manager
ARTICLE 19: ATTORNEY'S FEES
Should any action or proceeding be brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees
and costs.
16
Contract No. c28440
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by his respective authorized officers or representatives as of the
day and year set forth on page one of this Agreement.
CITY OF PALM DESERT ARTIST
By:
MAYOR ARTIST
ATTEST: APPROVED AS TO FORM:
By:
CITY CLERK CITY ATTORNEY
17
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Pursuit
As we enter Palm Desert from the freeway, we
are greeted with flowing stainless steel wisps
accompanying us on ourjourney
towards town.
Upon closer inspection, these traces of
movement in stainless steel are held
aloft by oxidized steel sculptures
that mimic the natural vegetation
around them.
Enticed by these curious visual
eddies to peer further down
the road, the sight of a
majestic bird begins to
materialize. The American
Kestrel soars, a fierce yet
elegant falcon native to
this desert region. We
now realize the curious
wisps are feathers
tracking the flight of this
magnificent bird.
Dynamic and poised, we
catch our predator moments
from an attempt to pounce
upon its prey. And there, just
ahead, is our local lizard
hiding among the rocks. All
comes together now. Each
creature frozen in a moment,
we witness the stillness
before the rush.
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