HomeMy WebLinkAboutC29310 - PD Aquatic Center - Artwork Contract No. C29310
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: SELECT ONE ARTIST OR ARTIST TEAM TO CREATE PUBLIC
ARTWORK FOR THE PALM DESERT AQUATICS CENTER. AWARD
CONTRACT IN THE AMOUNT OF $45,800 TO SELECTED ARTIST.
SUBMITTED BY: Deborah L. Schwartz, Public Art Coordinator
DATE: February 11, 2010
CONTENTS: Proposals from the three pool finalists
Contract No. C29310
Recommendation
By Minute Motion:
1) Select one artist or artist team to create artwork for the Palm Desert Aquatics
Center;
2) Authorize City Manager to make minor revisions to Contract No. C29310 as
recommended by City Attorney, and Mayor to execute same in the amount of
$45,800 to selected artist or artist team. Funds are available in Account Number
436-4650-454-3010.
Commission Recommendation
At its meeting of January 27, 2010, the Art in Public Places Commission reviewed the proposals
from the three finalists and ranked them in the following order: 1) Deanna Sirlin, 2) Paul Hobson,
and 3) the team of Jim Hirschfield and Sonya Ishii.
Backqround
At its meeting of November 12, 2009 the City Council authorized staff to issue a Request for
Qualifications (RFQ) seeking artists for the public art component at the Palm Desert Aquatics
Center to be located in the date grove of the Palm Desert Civic Center Park, and approved
honorariums to three finalists to create designs. The artwork was to be located at the entry to or
bottom of, the zero-depth entry recreational pool. Due to County health codes, it was determined
that it was not viable to place the artwork at the bottom of the pool; therefore, the artists were
directed to create proposals for the entry to the pool.
Staff Report
Select Artist for Public Artwork Palm Desert Aquatics Center
February 11, 2010
Page 2 of 2
More than sixty (60) applications were received from throughout the country and internationally. At
its meeting of December 16, 2009, the Art in Public Places Commission reviewed the applications
and selected Deanna Sirlin, Paul Hobson, and the team of Jim Hirschfield and Sonya Ishii as the
three finalists. The finalists were asked to create proposals for artwork that reflects the activities of
the Aquatics Center. The proposals they submitted are attached to this report. The City Council
may accept the recommendation of the Art in Public Places Commission and contract with Deanna
Sirlin to execute her design concept, or may choose one of the other two design concepts instead.
Fiscal Analysis
Approval of staff's recommendation creates a $45,800 contract. Funds are available in Account
Number 436-4650-454-3010. Funds are allocated from the Art in Public Places account; no
general fund money will be expended for the public artwork.
Submitted by: Department Head:
�
Deborah L. Schwartz, Public Art Coordinator Lauri Aylaian
Director of Community Development
CITY COUNCILA�'10N
Paul Gibson, Director of Finance AI'1'ROVF.D � "� DF,NiF,'D
I2ECCiVED OTHER
Approval: MT;F,Tt C DAT �
AYES:
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ABSTAIN:
Joh . Wohlmuth, City Manager VI:1tIF(I?U (3Y:
Ociginal on File with City erk's Office
, * By Minute Motion: 1) Select Proposal No. 2 by
� Paul Hobson to create artwork for the Palm Desert
Aquatics Center; 2) authorize the City Manager
to make minor revisions to the subject contract,
as recommended by the City Attorney, and the Mayor
to execute same in the amount of $45,800 with
selected artist - funds are available in
Account No. 436-4650-454-3010. 5-0
Contract No. C29310
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
THIS AGREEMENT is entered into this 11t" day of February, 2010, by and
between CITY of Palm Desert, a municipal corporation ("CITY") and XXXXXX
("ARTI ST").
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, 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" guidelines; and
WHEREAS, ARTIST is a recognized professional artist, and CITY
acknowledges sufficient familiarity with the style and quality of the ARTIST'S
work, and; CITY desires ARTIST to create an original work of art
"XXXXXXXXXXXX" ("the Work") for location at the Palm Desert Aquatics Center
("the Site"). ARTIST'S concept design ("the Proposal"), which is attached as
Exhibit "A", has been reviewed and approved by CITY and is hereby made a part
of this Agreement.
WHEREAS, CITY desires ARTIST to commence with final design,
coordination with the architect and contractors, fabrication, and transportation to,
and installation of, the Work on Site.
NOW, THEREFORE, CITY and 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,
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) ARTIST shall perform all services and furnish all supplies,
materials, coordination with third parties, ARTIST and agent travel, and
equipment as necessary for the design, execution, fabrication,
transportation, and installation of the Work at the Site, and in accordance
with the terms in this Agreement.
1-2 THE PROPOSAL
(a) ARTIST or designee has prepared and submitted to CITY artwork
specifications and presentation drawings of the Work in elevation and
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Contract No. C29310
plans, containing the following items, which comprise the "Proposal"
(Exhibit A).
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 sculpture and site work;
• Fabrication and installation procedures;
• Yearly Maintenance and Conservation;
• Budget breakdown;
• ARTIST resume or curricu/um vitae;
• Proposed list of subcontractors (those known to date);
(b) Upon approval by the City Council and written direction to proceed,
ARTIST shall commence with the final design stage, which includes
consulting with the Palm Desert Aquatics Center architects, pool
consultant, and other parties identified by CITY to ensure that Work be in
full compliance with all appropriate safety and health codes, which is the
full responsibility of ARTIST. This shall be completed by May 31, 2010.
(c) Upon approval of the final design, and written authorization from
CITY representative, ARTIST shall commence with fabrication,
transportation, and installation of the Work at the Site. In no event shall
ARTIST commence procurement of materials or fabrication of work prior
to receipt of written authorization.
(d) CITY may require 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.
(e) CITY may require revisions of the Work for practical (non-aesthetic)
reasons.
(f) In the event of a revision initiated by CITY as provided for in 1-2
(a)i(e) above, ARTIST fee may be equitably adjusted for any increase or
decrease in ARTIST'S cost of, or time required for, performance of such
revisions. Any claim of ARTIST for adjustment under this paragraph must
be presented to CITY in writing before ARTIST commences the revisions.
Within thirty (30) days after receipt of ARTIST'S claim for adjustment,
pursuant to this Section 1-2, CITY shall notify ARTIST of its approval or
disapproval of such adjustment. CITY may require ARTIST to submit
additional revisions until such revisions are accepted by CITY. Revisions
made and accepted by CITY pursuant to this Section 1-2 become a part of
the final design, technical specifications, fabrication, and installation.
(g) Artwork shall comply with all applicable building, health, and safety
codes, including those enforced by Riverside County Department of
Health.
1-3 EXECUTION OF THE WORK
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Contract No. C29310
(a) Pursuant to Section 1-2 above, ARTIST shall commence
consultation with the project architects and pool consultant in order to
create a final design.
(b) Upon completion by ARTIST and approval by CITY of final design,
fabrication of the Work shall commence pursuant to Section 1-2 above.
Although the schedule may be amended by written Agreement between
CITY and ARTIST, it is agreed that ARTIST shall substantially complete
all of the obligations under this Agreement on or before Mav 20, 2011 and
finally complete all punchlist items and minor outstanding issues by
Auqust 1, 2011.
(c) CITY and the Commission shall have the right to review the Work
at reasonable times during the fabrication. ARTIST shall submit to CITY
and to the Commission progress reports on a monthly basis.
(d) ARTIST shall complete the fabrication and installation of the Work
in substantial conformity with the approved Proposal.
(e) ARTIST shall present to 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 of the Work; or
iii. Any change in the concept of the Work as represented in the
accepted proposal.
(f) If changes reviewed by CITY and Commission are not approved in
writing, 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, ARTIST shall notify
CITY of schedule for installation, and shall coordinate that schedule with
the Palm Desert Aquatics Center contractor. ARTIST shall be responsible
for all expenses, labor, and permits.
(b) Prior to delivery of the Work, ARTIST shall notify CITY, the Palm
Desert Aquatics Center contractor, and Commission in writing when
fabrication of the Work is completed and ARTIST is ready for delivery of
the Work to the Site.
(c) 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, ARTIST
shall furnish CITY with the following documentation of the Work as
installed:
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Contract No. C29310
i. Three digital images (at 300 dpi) of the completed Work, one
taken from each of three different viewpoints. CITY shall
have the right to duplicate and distribute for any
noncommercial purpose the artwork documentation supplied
by ARTIST under this Agreement;
ii. Written instructions for appropriate maintenance and
preservation of the Work.
(b) 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 CITY. 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 CITY and
ARTIST as soon as is practical following installation.
1-6 FINAL ACCEPTANCE
(a) ARTIST shall advise CITY in writing when all services required
under this Agreement have been completed in substantial conformity with
this Agreement.
(b) CITY shall notify 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 CITY'S notice of final acceptance; or
ii. The 30t" day after ARTIST has sent written notice to CITY
required under Section 1-6(a) unless CITY, upon receipt of
such 30-day notice and prior to the expiration of the 30-day
period, gives ARTIST written notice specifying and
describing the services that have not been completed.
1-7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by ARTIST until written
notice of final acceptance, and 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, ARTIST shall indemnify and hold CITY and
the Commission harmless from any and all claims or liabilities then existing or
arising thereafter from ARTIST'S 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 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.
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Contract No. C29310
(b) Except as expressly provided in the Proposal, CITY shall not
intentionally damage, alter, modify, or change the Work without the prior
written consent of ARTIST.
(c) ARTIST acknowledges and agrees that CITY may require the Site
for purposes other than the display of the Work. CITY agrees that it will
notify 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 ARTIST in 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) CITY shall pay ARTIST an amount not to exceed forty-five
thousand eight hundred dollars ($45,800.00), which will constitute full
compensation and payment for all services to be performed under this
Agreement including final design completion, execution, fabrication,
ARTIST and/or agent travel, transportation, coordination, appropriate
insurances, subcontractors, studio costs, installation, and any other
related expenses. Payment shall be made in accordance with the
following schedule:
Commencement of Final Design Phase
Twentv percent (20%) Nine thousand one hundred and sixty dollars
($9,160) of the Commission upon commencement of final design phase.
Commencement of Fabrication
Fiftv percent (50%) Twenty two thousand nine hundred dollars ($22,900)
of the Commission upon commencement of fabrication.
Completion/Delivery/Installation of the Work
Twentv percent (20%) Nine thousand one hundred and sixty dollars
($9,160) of the Commission installation and final fabrication of the Work.
Final Acceptance
Ten percent (10%) Four thousand five hundred and eighty dollars
($4,580) of the Commission upon completion of all outstanding work and
review and approval of Work by CITY.
(b) All requests for payment shall be submitted to the Public Art
Coordinator in writing for review and approval and must be accompanied
with a detailed invoice, original receipts, and other documentation as
required by the Public Art Coordinator supporting work completed.
(c) Payment shall be issued within 30 days of approval of detailed
invoices and requests for payment by the Public Art Coordinator.
2-2 ARTIST'S EXPENSES
ARTIST shall be the responsible party for all mailing or shipping charges
on submissions to CITY, and the costs of all travel by ARTIST and
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Contract No. C29310
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
ARTIST represents and warrants that:
(a) The Work is solely the result of Artistic effort of ARTIST;
(b) Except as otherwise disclosed in writing to 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
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
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 ARTIST to 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. CITY shall give
notice to ARTIST of any observed breach with reasonable promptness.
ARTIST shall, at the instruction of CITY, and at no cost to CITY, cure
reasonably and promptly the breach of any such warranty which is curable
by 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 CITY.
ARTICLE 4: INSURANCE
4-1 Hold Harmless
ARTIST shall indemnify, protect, defend and hold harmless CITY, its
officials, employees, agents and representatives from and against any and
all losses, liabilities, damages, costs, and expenses, including attorney's
fees and costs to the extent same are caused in whole or in part by any
negligent or wrongful act, error, or omission of ARTIST, its employees or
subcontractors in the performance of art delivery, assembly and
installation services under this Agreement.
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Contract No. C29310
4-2 Insurance
Prior to the beginning of and throughout the duration of the Work, ARTIST
will provide the following types and amounts of insurance:
(a) General liability — ARTIST shall provide Commercial
General Liability Insurance with limits of no less than
$1,000,000 per occurrence for all covered losses and
$1,000,000 general aggregate. This insurance shall be
primary and non-contributing insurance for work performed.
ARTIST agrees to endorse general liability coverage
required here to include as additional insured CITY, its
officials, employees and agents. ARTIST also agrees to
require Commercial General Liability Insurance with the
same limits for all subcontractors, joint ventures or other
parties engaged by or on behalf of Contractor in relation to
this Agreement, including any crane or heavy equipment
operators. Contractor agrees to provide evidence of the
insurance required herein, satisfactory to CITY, consisting
of: a) certificate(s) of insurance evidencing all of the
coverages required and b) an additional insured
endorsement to Contractor's general liability policy using
Insurance Services Office form CG 20 10 11 85 or the exact
equivalent approved by CITY.
(b) Workers' compensation and employer's liability —
ARTIST shall provide Workers Compensation and
Employer's Liability Insurance on a state-approved policy
form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per
accident or disease. This requirement is waived ARTIST has
no employees working on the project.
(c) Business Auto Coverage ARTIST shall provide Business
Auto Coverage with Limits no less than $1,000,000 per
accident, combined single limit. If ARTIST owns no
business vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy
described above. If ARTIST or ARTIST'S employees will
use personal autos in any way on this project, ARTIST shall
provide evidence of personal auto liability coverage for each
such vehicle.
(d) Property Coverage ARTIST is responsible for insuring
against loss or damage all art materials, elements, sections,
pieces of the artwork at ARTIST studio, through
transportation to the Site, and during the time any of these
materials, pieces, or artwork are being assembled and
completed on site. ARTIST is responsible for loss or
damage of any part of the artwork while it is under assembly
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Contract No. C29310
and is responsible for ensuring the safety, security and
storage of components, materials, pieces and elements of
the artwork, (and tools) at the Site until the artwork is
completed, fully installed, and accepted in writing by CITY.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Work and related design, drawings, sketches, and models
will be owned by ARTIST until acceptance of ARTIST'S Work by CITY
pursuant to Section 1-6 hereof. Notwithstanding the foregoing, ARTIST
agrees not to make use of such copyright in the Work for any purpose
other than the performance by ARTIST of ARTIST'S obligations under this
Agreement for Commission of public artwork, without the written consent
of CITY. Upon acceptance of ARTIST'S Work pursuant to Section 1-6
hereof copyright in the Work will be owned jointly by CITY and ARTIST
and no further use of the copyright will be made by ARTIST or CITY
without the written consent of the other, which consent will not be
unreasonably withheld.
5-2 ARTIST certifies that the Artwork is a unique work of art especially
designed for CITY, and shall not duplicate or reproduce the Work nor shall
ARTIST permit others to do so except with the written permission of CITY.
5-3 CITY has the right to reproduce and distribute in printed form and on
commercial documents and/or brochures or any other literature of 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 CITY to
ARTIST for such use.
5-4 CREDIT TO THE ARTIST
All reproductions of the Work by CITY shall contain a credit to ARTIST.
5-5 CREDIT TO THE CITY
ARTIST shall use his/her best effort to give a credit in any public showing
under 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
CITY shall reasonably protect and maintain the Work against the ravages
of time, vandalism, and the elements, in accord with the instructions of
ARTIST provided under Section 1-5(b).
6-2 ARTIST REPRODUCTION RIGHTS
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Contract No. C29310
Pursuant to Article 5, Section 5-1, CITY agrees that 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 Work as installed
and formally accepted by 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 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
City of Palm Desert.
ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR
ARTIST shall perform all work under this Agreement as an independent
contractor and not as an agent or employee of CITY. ARTIST shall not be
supervised by any employee or official of CITY nor shall ARTIST exercise
supervision over any employee or official of CITY. CITY alerts ARTIST to the
provisions of the Labor Code §1771, which may require the payment of prevailing
wages.
ARTICLE 8: ASSIGNMENT, TRANSFER AND SUBCONTRACTING
Neither CITY nor ARTIST shall assign or transfer any interest in this Agreement
without prior written consent of the other. ARTIST may subcontract portions of
the services to be provided hereunder at 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 ARTIST, and in
accordance with all applicable laws.
ARTICLE 9: TERMINATION
9-1 - DEFAULT
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
ARTIST, all finished and unfinished drawings, sketches, photographs, and
other products prepared and submitted or prepared for submission by
ARTIST under this Agreement shall, at CITY'S option, become CITY
property. This, however, shall not relieve ARTIST of liability to CITY for
damages sustained by CITY by virtue of any breach of this Agreement by
ARTIST. In addition to all other remedies, CITY may reasonably withhold
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Contract No. C29310
payments to ARTIST until such time as the exact amount of damages due
CITY from ARTIST is determined.
9-2 — SUSPENSION OR TERMINATION OF PROJECT
This Agreement may be suspended or terminated by CITY upon not less
than seven (7) days written notice to ARTIST for CITY'S convenience and
without cause. In the event of such termination, ARTIST shall be
compensated for services performed prior to notice of termination and for
materials purchased prior to notice of termination, provided that the value
of services and materials exceeds the payments made to date by CITY.
ARTIST shall furnish CITY with all records necessary to establish value of
Work performed and materials purchased, including paid invoices, travel
records, receipts, timecards, and other reasonably requested documents.
In no event shall CITY pay ARTIST for work not authorized.
ARTICLE 10: PUBLIC ART COORDINATOR AND CONTRACT
ADMINISTRATOR
The Contract Administrator for this Agreement shall be the Public Art Coordinator
of the City of Palm Desert, or his/her designee.
ARTICLE 11: NON-DISCRIMINATION
In carrying out the performance of the services designated, 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
ARTIST shall be required to comply with all federal and state laws and CITY
statutes, ordinances, and regulations applicable to the performance of 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 City of Palm Desert
"Art in Public Places" guidelines.
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 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
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Contract No. C29310
Agreement. The payment or acceptance of fees for any period after a default
shail 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 CITY and
of 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:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: John M. Wohlmuth, City 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.
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:
CINDY FINTERY, MAYOR ARTIST
ATTEST: APPROVED AS TO FORM:
By:
RACHELLE D KLASSEN, CITY ATTORNEY
CITY CLERK
11
DEANNA SIRL�N
Proposal for Palm Desert Aquafic Center
Cool River
A Mosaic
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Ueanna Sirlin, Falling Waters, 2009.
Mosaic in Process on Studio Floor.
Description
I appreciate the opporfunity to propose an arfwork for ihe Palm Desert
Aquatic Center, as water, pools, and swimming are longtime personal
passions.
My work is always site-specific and inspired by the architecture and
design of its host space. My objective in designing a site-specific work of
art for the Palm Deserf Aquatic Center is to create an environment that
engages and speaks to the community. Palm Desert is a beautiful place,
with a distinctive quality of light with which the proposed work will interact.
Because Palm Desert is also a progressive, forward thinking place, the
work will take advantage of the possibilities offered to us by new
technologies. Although the proposed installation is based on a very old
way of making images, tile mosaic, it fully engages with new imaging
technologies. The design is computer-generated and its production in
mosaic will entail the use of brand-new innovative software that allows a
palette of ten colors to seem like hundreds thanks to detailed and precise
blending. It is my hope that the community will find that the resulting work
both enlivens the space of the Aquatic Center and provides continual
inspiration.
The work I am proposing consists of a mosaic approximately 600 square
feet in size to be installed surrounding the zero-depth entry pool, as a
walkway to the pool area from the pool house, or as a transition area
leading to the zero-depth entry pool. The theme of this installation will be
cool water moving over rocks, with a reflection of sky and celestial bodies.
(The image can also be read as suggesting the depths of the ocean.) It
will evoke a natural body of water, as if one is looking down at a stream
one is also walking through. The image will be rendered in recycled non-
skid glass tile using a palette of natural blues, grays, and greens to suggest
the steppingstones one would use to navigate through gently cooling
water. The play of light on the reflective tiles will emulate that of sunshine
on water. The use of recycled glass will be a real reminder of the
importance of respecting our natural aquatic ecosystems. The installation
will support the Aquatic Center's function as a kind of oasis in the desert
and also its spirit of pleasure and recreation. The imagery will be varied
and fun; it will encourage interaction, just as one chooses which stones to
step on when walking through p stream.
I wish to engage as much of the Palm Deserf community as possible in
understanding the process of making this installation and the decisions
that go into it. It would be possible, for example, for me to post images of
the mosaic on a social networking site as I develop the design and its
translation into mosaic tile, thus permitting everyone in the community to
follow the progress of the project from a very early stage. Such
engagement will enhance the community's sense of ownership in the
work.
I had an initial telephone conversation with David Evans of Gould Evans
Associates. We discussed how the mosaic could become integral to his
design and the use of the space. I am very interested in the collaborative
aspect of site works and delighted at the prospect of working with this
architectural firm.
Materials. Fabrication, and Installation
Once the committee, the architect, and the city council approve the
design and we determine its placement at the site. I will work with all
stakeholders to color-correct and optimize the image. I will work with a
digital mosaic technician and lab to create an exact, to-scale printout
and color key for the arfwork. From this printout, one-inch square tiles will
be arranged in 12" X 12" squares on mesh similar to the sample I have
provided, lettered and numbered for simplicity of installation. These
squares will be installed by professional tile installers using thinset and
grout.
The material of the mosaic will be recycled, non-skid glass tiles. Once
installed, it will be permanent, durable, and able to withstand normal
wear and such environmental factors as heat, rain, pollution and human
use. It will require little to no maintenance. The use of non-skid tiles will
make it entirely safe to walk or sit on.
The proposed mosaic using 1 " x 1 " tiles is an exciting translation of my
painterly imagery of water on rocks using new technologies that have
only recently become available.
Thank you for your consideration.
Deanna Sirlin
BUDGET
a) Artist's Fee (Design and Project Management: 20 % of total budget):
$9,160
b) Materials
Non-skid mosaic tile on 12 x 12 inch mesh sheets: 600 square feet @
$25/sq. ft. _ $15,000
c) Artist's Travel to Site
Two trips to Palm Deserf to meet with stakeholders to discuss project; to
measure and inspect site; to install arfwork.
Airfare: 2 round trips @ $380 = $760
Hotel: b nights @ $150 = S900
Per Diem: 6 days @ $68 = $408
Car Rental: 6 days @ $150 = $900
Total: $2968
d) Shipping
Shipping of mosaic tile to site: $900
e) Installation
Site Installation (labor) @ $15/sq, ft x 600 square feet = $9000
Installation Materials (grout and thinset): $280
Airfare for Installers: 3 @ $380 = $1140
Shipping of Installation Equipment: $200
Hotel for Installers (3): 5 nights @ $150 = $750
Per Diem for Installers: 3 workers for 6 days @ $68 = $1224
Total: $72594
f) Operating Costs
Travel to Fabricator.
Airfare: $300
Hotel (1 night): $100
Car Rental: $50
Per Diem (2 days) @ $68 = $138
Computer Work with digital tile specialist to create color blends and grid:
$2000
Total: $2588
g) Insurance: $300
h) Contingency
5% of Total Budget: $2,290
Total: $45,800
DEANNA SIRLIN
Proposal for Palm Desert Aquatic Center
Cool River
A Mosaic
Safety Statement
I recently completed a major project for the exterior of a fire station in Atlanta in
glass tile mosaic. Glass tile is very well suited to exterior installations because
"Glass is totally impervious to moisture, much better than exterior grade porcelain
and ceramic. Since glass is non-porous, [the tilesj will not stain. Acids, alkaline
solutions and chlorines will do nothing to fade colored glass tiles. Glass does not
decay when exposed to the elements like rain, snow or sunshine. . . ." Its
luminescent quality makes it particularly well suited to a swimming pool, as it will
enhance the shimmering effect of light refracted through the water. Because it is
"resistant to chemical and mechanical corrosion," glass tile can be placed inside
the pool without danger. Glass "does not encourage the growth of molds and
mildew. [Glass tiles] are also hygienic and do not promote the spread of
allergies." Glass tile thus mitigates health hazards confronted in a public facility.
(All quotations are from: http://atileguide.com/pool-tiles/ )
It is of crucial importance that the area around the pool be safe for barefoot
people and active children. The mosaic around the pool therefore should be
made of textured, non-slip glass tiles or textured porcelain tiles finished with a
silicon carbide glaze to provide a good footing. Using small tiles will make
provide good traction and minimize the risk of anyone's slipping and falling.
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P A U L H O B S O N
2 8 6 1 I V Y S T R E E T S A N D I E G O C A g 2 1 0 4 6 1 9 2 3 6 7 9 7 0
January 21,2010
Ciry of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Deborah Schwartz
Public Art Department/Pool
Dear Deborah,
Please find enclosed my proposal for the Aquatics Center public art component in the form of three
renderings of the proposed ar[work, a written description and budget. I'm fooking forward to the phone
interview on January 27,2010. �
Thankyou.
5incerely,
��
PaulHobson
P A U L H O B S O N
2 8 6 7 I V Y S T R_E E T S A N D I E G O C A 9 2 7 0 4 f6 1 91 2 3 6 7 9 7 0
Palm Desert Aquatics Center—Art Proposal
Swim and Dive Inlays
sy Paul Hobson
As a YMCA swim coach during my college years, inspiration for the pool deck is from illustrated
instructor handbooks revered by coaches across America before video cameras were used to
augment teaching techniques. These textbook illustrations of stop action, sequential images of
swim strokes and dives are inlayed in the walking area at the curved zero-depth pool entry. Red
and white lane lines radiate out from the same center-point used to establish the curve and will
help hide planned expansion joints. The mosaic silhouettes conform to the spaces between the
lane lines becoming smaller as they approach the pool and enhance the fan shape.
The artwork will be realized in six different brilliantly colored of glass mosaics that will be set
and backed at my studio and transported to the job site. The lane lines, swim stroke and dive
figures will be pre-cut from one and two inch polyurethane foam and positioned flush with finai
grade prior to the deck pour. Concrete is poured into the recesses left in the deck when the
foam is pulled and the backed mosaics are pressed in resulting in a whimsical non-slip
horizontal mural.The dive inlays wiil be in warm colors and the swim stokes in cool.
The design, set in approximately 560 sq. ft of the pool deck, will be a warm colored Lithocrete
mix. Close collaboration with the architect and contractor will assure continuity between the
artwork area and the remainder of the pool deck and colors and textures for the shade
structures could also be coordinated with the artwork.
P A U L H O B S O N
2 8 fi t I V V S T R E E T $ A N D I E G O C A 9 p � 0 4 6 1 9 2 3 6 7 9 7 0
__ (� - '�
naul�iohsoi i iu�nx nc
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Palm Desert Aquatics Center
Swim Strokes and Dives Inlays
ey Paul Hobson
Prelimi�ary Budget
Site visits
1 site visit- @ 150.00 per hr. (includes travel)
1 team committee meetin $900.00
g- @ 150.00 per hr. (includes travel) 900.00
3 team committee meeting via telephone-3hrs @ $150.00 per hr.
450.00
Materials and Installation
Lithocrete deck 560 sq.ft. @ $30 per sq. ft. 16,800
46 Pre-cut polyurethane foam figures and lane line inserts 3,500
Glass mosaic swim and dive figures and lane lines 550 sq.ft. x 100 sq.ft. 5,000
Set and back design(studio) 13,000
Installation of mosaics
3,500
Miscellaneous, insurance,transportation,administration, etc...
900
Totai
$44,950
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The sweet air coming into your house on a fine day,from water etched with waves as
formal as the scales on a fish. - Marianne Moore
/ntroduction
When designing a work of art, we strive to capitalize on the opportunities that a site offers.
While we always want to create a work that relates to a site's constituents, we also want to create a
work that ensures a variety of poetic experiences that stands the test of time. Therefore,when
designing a project,we look for a theme, something about a place that both inspires and directs our
design, an inherent truth that lends itself to becoming a visual metaphor.
OurApproach
We approached our design for the Aquatic Center with its use in mind. We also designed with
a clear understanding of the objectives laid out in the original RFQ. We want to meet the
constituents desire for a work based on the uses of the Aquatic Center and be located in the
walkway area at the entrance to the aero-depth pool. We also acknowledged the desire for a work
that is not completely abstract.
We strove [o create a design with a strong visual presence for both those using the center on a
regular basis and those who attend less frequently. As in all our projects, we also strove to
complement the existing architectural design in a manner that respected both the aesthetic and
structural detailing of the center. Finally, we wanted to create a work that was safe, durable and
easy to maintain.
The Proposal
Our proposal is to create within the concrete of the walkway, four, 17' diameter"medallions",
with each depicting a different elegant pattern of Flowing water. The four medallions will be
spread across the walkway in front of the pools. The images will be produced through a
combination of sandblasting and coloring that will provide impressive details and color that is
both stable and colorfast. And because it is a custom color system, we will have the ability to
adjust the color to be in harmony with the color palate of the adjacent pools and architecture.
Palm Desert Aquatic Center Proposal Estimated Budaet
ARTISTS'EXPENSES
Artist Fee $ 9 ,200.00
TraveL• 4,300.00
Documentation 1,100.00
Insurance: All Risk/Liabiliry 900.00
SUB TOTAL: $ 15,500.00
MATERIALS/FABRICATION (PROVIDED BY T.B.PENICK AND SONS�INC)
Sandblast and color, 4 - iT diameter Circles $ 30.000.00
To'rn[. $ 45,500.00
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Images showing the The DFS Color System
To Conclude
We have designed an image whose metaphor begins with waYer,yet simu]taneously reflects
movement (swimming and diving) as the graceful images dance across the surface of the Aquatic
Center's walkways, creating a stunningly attractive icon.
While our design is meant to bring color and sparkle to the Aquatic Center's deck, we also
know that the images will speak to the center's activity. We have designed what we believe is
strong work of art that will be accepted and appreciated by the community who will respond to
the work on a variety of levels. Some will appreciate the work on a poetic level enjoying the
metaphorical meaning inherent in the images. Others will read the work on a more literal level,
understanding the work's conscious relationship to the center's main activity. Still others will
appreciate the sculptures on an aesthetic level, delighting in the artwork's color, form and energy.
Of course at times the community will likely respond to the work on all its levels. We believe our
design will be a memorable work of art because it is a uniquely effervescent work, with layers of
poetry that allude to the center and the power of the imagination.
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