HomeMy WebLinkAbout11-13-2025 HCAC Agenda PacketCouncil Chamber Civic Center
100 Civic Plaza
Dublin, CA 94568
www.dublin.ca.gov
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. PRESENTATIONS
3. PUBLIC COMMENT
At this time, the public is permitted to address the Heritage & Cultural Arts Commission on
non-agendized items. Please step to the podium and clearly state your name for the record.
COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no
action or discussion may take place on any item not appearing on the posted agenda. The
Commission may respond to statements made or questions asked, or may request Staff to
report back at a future meeting concerning the matter. Any member of the public may
contact the Recording Secretary’s Office related to the proper procedure to place an item
on a future Heritage & Cultural Arts Commission agenda. The exceptions under which the
Commission MAY discuss and/or take action on items not appearing on the agenda are
contained in Government Code Section 54954.2(b)(1)(2)(3).
CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for
approval by the Heritage & Cultural Arts Commission with one single action. Members of
the audience, Staff or the Heritage & Cultural Arts Commission who would like an item
removed from the Consent Calendar for purposes of public input may request the Chair to
remove the item.
November 13, 2025 Dublin Heritage and Cultural Arts Commission Agenda 1
1
The Commission will consider approving the October 9, 2025, Heritage and Cultural Arts
Commission Regular Meeting minutes.
Approve the minutes of the October 9, 2025, Heritage and Cultural Arts Commission
Regular Meeting.
Staff Report
Attachment 1 - Minutes of the October 9, 2025, Heritage and Cultural Arts Commission
Regular Meeting
The Commission will receive the Tri-Annual Parks and Community Services Department
Report on classes, activities, and events from May through August 2025.
Receive the report.
Staff Report
Attachment 1 - Tri Annual Parks and Community Services Department Report for May
through August 2025
UNFINISHED BUSINESS
6. NEW BUSINESS
6.1 Dublin Library/Civic Center Public Art Mural Project - Artwork Selection
The Heritage and Cultural Arts Commission will consider Public Art proposals and make a
recommendation to the City Council. The future artwork, a permanent outdoor mural, will
be located on a utility enclosure that is adjacent to the Dublin Library.
Consider the Public Art proposals and recommend one proposal to the City Council
for approval.
Staff Report
Attachment 1 - Request for Qualified Artists and Site Location
Attachment 2 - Dublin Library/Civic Center Mural Project Details
Attachment 3 - Design Proposal and RFQ Response from Morgan Bricca
Attachment 4 - Design Proposal and RFQ Response from Yetti Frenkel
Attachment 5 - Design Proposal and RFQ Response from MJ Lindo-Lawyer
STAFF AND COMMISSIONER REPORTS
Brief information only reports from Commissioners and/or Staff, including committee reports
and reports by Commissioners related to meetings attended at City expense (AB1234).
ADJOURNMENT
November 13, 2025 Dublin Heritage and Cultural Arts Commission Agenda 2 2
To make a request for disability-related modification or accommodation, please contact the
City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a
request, the City will swiftly resolve requests for reasonable accommodation for individuals
with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and resolve any doubt in favor of accessibility.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and
sustainable environment, fosters new opportunities, and champions a culture of equity,
diversity, and inclusion.
November 13, 2025 Dublin Heritage and Cultural Arts Commission Agenda 3 3
STAFF REPORT
HERITAGE AND CULTURAL ARTS COMMISSION
Page 1 of 1
Agenda Item 4.1
DATE: November 13, 2025
TO: Honorable Chair and Commissioners
FROM: Jackie Dwyer, Parks & Community Services Director
SUBJECT:
Approval of October 9, 2025, Heritage and Cultural Arts Commission
Regular Meeting Minutes
Prepared by: Kim Bonato, Senior Office Assistant
EXECUTIVE SUMMARY:
The Commission will consider approving the October 9, 2025, Heritage and Cultural Arts
Commission Regular Meeting minutes.
STAFF RECOMMENDATION:
Approve the minutes of the October 9, 2025, Heritage and Cultural Arts Commission Regular
Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Heritage and Cultural Arts Commission will consider approval of the minutes from the
October 9, 2025, Regular Meeting.
STRATEGIC PLAN INITIATIVE
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted.
ATTACHMENTS:
1) Minutes of the October 9, 2025, Heritage and Cultural Arts Commission Regular Meeting
4
MINUTES OF THE HERITAGE AND
CULTURAL ARTS COMMISSION
Regular Meeting: Thursday, October 9, 2025
Heritage and Cultural Arts Commission
REGULAR MEETING
October 9, 2025
A Regular Meeting of the Heritage and Cultural Arts Commission was held on Thursday,
October 9, 2025, at the Peter W. Snyder Council Chamber, 100 Civic Plaza, Dublin, CA
94568. The meeting was called to order at 7:00 PM by Chairperson Phillips.
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Darren Phillips, Chairperson Present
Shweta Agrawal, Vice Chairperson Absent
Jain Archana, Commissioner Absent
Gina Gabriell, Commissioner Present
Timea Iharosi, Commissioner Present
Julia Tomtania, Commissioner Present
Victoria Liu, Commissioner Absent
2) PRESENTATIONS – None.
3) PUBLIC COMMENT – None.
4) CONSENT CALENDAR
4.1) Approved September 11, 2025, Heritage and Cultural Arts Commission
Regular Meeting Minutes.
On a motion by Commissioner Gabriell, seconded by Commissioner Tomtania, and by a
unanimous vote, the Commission adopted the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Gina Gabriell, Commissioner
SECOND: Julia Tomtania, Commissioner
AYES:
Phillips, Gabriell, Iharosi, Tomtania
ABSENT: Agrawal, Archana, Liu
5) UNFINISHED BUSINESS - None
6) NEW BUSINESS
Attachment 1
5
Heritage and Cultural Arts Commission
REGULAR MEETING
October 9, 2025
6.1) Wooden Barrel Temp Art Selection
The Commission received a presentation on the Wooden Barrel Art Design proposals for
twelve designs to be painted in 2026.
Design # Artist Proposal Title
Design 1 Kelsey Rae Guided by the Sun, Nurtured by the Moon
Design 2 Beau James Thomas Stained Glass Stories
Design 3 Suhyun (Alice) Park Field of Harmony
Design 4 Malavika Oak Buenos Dias
Design 5 Nan Wang Song of the Bamboo
Design 6 Beau James Thomas Starry Night Stories
Design 7 Elena Migunova The Leprechaun
Design 8 Jayashree Sadasivan Rhythms of Our Roots
Design 9 Maevry Moon Thomas Lunar Reflections
Design 10 Chris Granillo El Musico
Design 11 Vanessa Thomas Kiss Me I’m Irish
Design 12 Maevry Moon Thomas Connections
On a motion by Commissioner Gabriell, seconded by Commissioner Tomtania, and by a
unanimous vote, the Commission recommended the above 12 Wooden Barrel Art Design
proposals to the City Council for approval.
RESULT: RECOMMENDED [UNANIMOUS]
MOVED BY: Gina Gabriell, Commissioner
SECOND: Julia Tomtania, Commissioner
AYES:
Phillips, Gabriell, Iharosi, Tomtania
ABSENT: Agrawal, Archana, Liu
7)
STAFF AND COMMISSIONER REPORTS
Staff and Commissioners provided brief information-only reports.
6
Heritage and Cultural Arts Commission
REGULAR MEETING
October 9, 2025
8) ADJOURNMENT
Chairperson Phillips adjourned the meeting at 7:54 PM.
Darren Phillips,
Chairperson
Heritage and Cultural Arts Commission
ATTEST:
Shaun Chilkotowsky
Parks & Community Services Manager
7
STAFF REPORT
HERITAGE AND CULTURAL ARTS COMMISSION
Page 1 of 1
Agenda Item 4.2
DATE: November 13, 2025
TO: Honorable Chair and Commissioners
FROM: Jackie Dwyer, Parks & Community Services Director
SUBJECT:
Tri-Annual Parks and Community Services Department Report for May
through August 2025
Prepared by: Crystal McLean, Senior Office Assistant
EXECUTIVE SUMMARY:
The Commission will receive the Tri-Annual Parks and Community Services Department
Report on classes, activities, and events from May through August 2025.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The attached report summarizes the classes, activities, and events conducted by the
Parks and Community Services Department from May through August 2025.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted.
ATTACHMENTS:
1) Tri-Annual Parks and Community Services Department Report for May through
August 2025
8
Attachment 1
1
TRI-ANNUAL PARKS AND
COMMUNITY SERVICES
REPORT FOR MAY
THROUGH AUGUST 2025
Parks, Trails, & Open Spaces
During this reporting period, the City of Dublin carried out extensive park and open
space maintenance to improve safety, enhance recreation areas, and promote
sustainability. Projects ranged from turf repair, tree management, and planting to
lighting upgrades, safety surface installations, and facility improvements.
Additional work across Stagecoach, Devany Square, Shannon, Dolan, Positano, Ted
Fairfield, Bray Commons, Alamo Creek, and Kolb Parks focused on landscaping,
lighting, and safety enhancements, ensuring that community parks remain well-
maintained and welcoming.
Wallis Ranch Community Park Grand Opening
On Saturday, August 16, the City of Dublin celebrated the grand opening of Wallis
Ranch Community Park, an 8.85-acre park featuring pickleball courts, basketball courts,
a dog park, picnic areas, children’s play structures, and walking trails along Tassajara
Creek. With a project cost of $6.7 million, the park was designed to serve the growing
community and promote outdoor recreation and sports. The event welcomed City
leaders, dignitaries, and community members to mark the completion of this community
park.
Capital Improvement Projects
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Attachment 1
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Forest Park construction was completed in late summer 2025 and is now in its plant
establishment phase, with full completion expected by late fall, making it Dublin’s 27th
park. The city also launched A Forest for the Future adoption program, a program
designed to give the community a meaningful way to help grow a lasting legacy in
Forest Park. Through the program, any individual, family, business, or community group
can adopt a tree, each with a personalized marker, becoming part of the beginning of a
forest that will flourish for generations to come.
Additionally, future Francis Ranch North and South Parks, totaling 11 acres, are in the
bidding phase with construction anticipated to begin in fall 2025 and completion
projected for late 2026 or early 2027 in partnership with Trumark. For the DC Centre
linear park, the city and developer are in the public input stage, with the City Council
expected to review and approve a conceptual design by the end of 2025. In addition,
Public Works is upgrading street median irrigation controllers across key park and
library areas to integrate with the City’s Central Irrigation System, enabling weather-
based adjustments that will improve water efficiency, with construction already
underway.
Contract Classes
Sports programs, especially tennis, basketball, and soccer, remain highly popular
among participants. Additional offerings through contract partnerships include Leisure
Classes, Cultural Arts, and Fitness programs. New programs introduced this period
featured Cheerleading Dance Camps, as well as themed camps like Live Action and
Mario Flix. The Leisure Camp lineup also expanded to include Slimetopia, Bio-Blast,
Brixology, Junior Inventors, and Flight Academy.
TABLE 1: CONTRACT CLASS REGISTRATIONS
Category 2024 2025
Cultural Arts (Arts, Theater, Dance, & Performing Arts) 366 210
Fitness (Yoga, Zumba, Gymnastics, & Martial Arts) 49 75
Leisure (STEM, Enrichment, & Life-Long Learning) 446 306
Sports (Basketball, Baseball, Tennis, Soccer, & Multi-Sports) 1,689 1,710
Totals 2,550 2,301
Youth & Teens
Futures Explored
In preparation for the summer season, the City of Dublin strengthened its partnership
with Futures Explored, an organization committed to supporting individuals with
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intellectual and developmental disabilities (I/DD). Through collaboration with the WIN
(Workforce Inclusion Network) for All program, the city successfully placed 18
individuals into various part-time, entry-level positions across departments, including
The Wave, Senior Center, and Heritage Park. This was the largest number of
participants employed by the city so far, and these roles aligned seamlessly with the
goals of the WIN for All program. To support this initiative, Futures Explored staff
conducted a comprehensive two-hour training session for City staff and supervisors,
equipping them with strategies to effectively work with individuals with disabilities.
Additionally, participants received ongoing support from job coaches provided by
Futures Explored. Many of the 18 participants from this past summer remained on the
City’s roster, highlighting the long-term impact and effectiveness of the program.
Summer Day Camps
From June 9 - August 8, the Department hosted a lively season of Day Camps,
welcoming more than 760 participants across four unique programs.
Camp Shannon at Shannon Park provided full-day fun, with campers enjoying
games, crafts, and walking field trips.
Camp Splash at Emerald Glen Park blended mornings of group activities and
outdoor play with afternoons at the waterpark.
Camp Sunrise offered half-day sessions at both Emerald Glen and Shannon
Park, giving children opportunities to play sports, create art, and explore nearby
parks.
Camp Shamrock, designed for preschool-aged children at the Shannon
Community Center, introduced participants to a variety of engaging, hands-on
activities.
Summer Leadership, Experience, and Development (LEAD) Program
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Attachment 1
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Alongside day camps, 58 youth leaders participated in the LEAD program, open to
students entering seventh grade and above. LEAD participants assisted Staff at camps
and swim lessons while developing essential workplace skills. Training covered
everything from customer service to job search strategies and interview techniques,
giving participants a strong foundation for future success.
Preschool Programs
The Preschool Program at Shannon Community Center is adapting to new statewide
transitional kindergarten changes. This year, Staff launched two new options. Shannon
Academy, a structured skill-building program, and Little Clovers Extended Learning, a
theme-based kindergarten readiness program.
While enrollment has been lower than anticipated, Staff are actively researching other
cities’ models, surveying community needs, and evaluating the program each season to
ensure Dublin families receive the best possible preschool options.
Youth Advisory Committee
In June, the City Council appointed members to the 2025–26 Youth Advisory
Committee (YAC). At their first meeting in July, members participated in team-building
activities, elected a chairperson, and began shaping the year ahead through
collaborative brainstorming. Their discussions set the stage for upcoming events and
initiatives that will guide the 2025–26 YAC work plan.
What’s especially exciting this year is the expansion of the Youth Mini Grant Program,
which will grow from awarding $2,500 to $10,000 for Dublin middle and high school
organizations/clubs that offer performing arts, sports, multicultural awareness, health
awareness, or other youth activities that support projects or programs serving or
benefiting Dublin youth. This increase will allow the YAC to support even more youth -
led projects and community initiatives throughout the year.
Youth and Adult Sports
Adult Softball and Basketball
In 2025, the Adult Softball program transitioned to a new format, offering back -to-back
Spring/Summer and Summer/Fall leagues for the first time. The Spring/Summer League
included 20 teams and more than 200 players, while the Summer/Fall League included
18 teams and over 180 participants. The Spring Adult 5-on-5 Basketball League tipped
off on May 4 and wrapped up on July 13, with 10 teams and more than 100 players
hitting the court. Interest in the league continues to grow; the strong turnout highlights
the program’s popularity and the community’s enthusiasm for adult sports.
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Attachment 1
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Junior Warriors Youth Summer Basketball Programs
The Junior Warriors Youth Basketball League had another successful summer season,
running from June 9 to July 25. The league welcomed 278 co-ed participants from
kindergarten through eighth grade. Supported by 30+ volunteer coaches, participants
continued to build skills and gain valuable in-game experience. Additionally, a new
program called “Skills & Drills” for grades Kindergarten - 5 was introduced with 55
participants. The class focused on the fundamentals of basketball in an inclusive and
relaxed environment.
All-Ball Summer Camp
Building on the success of its inaugural season, the Department expanded its All-Ball
Summer Camp at Stager Community Gym to five weeks, welcoming a total of 122
participants. Led by City Staff, the camp introduced youth to the fundamentals of a
variety of ball games while also incorporating traditional camp activities.
Facility Rentals
Athletic Facilities/Picnic Reservations
Athletic Facility and Picnic Reservations saw a substantial increase in this reporting
period, with combined reservations rising from 13,771 hours in the previous cycle to
19,564 hours in the current cycle. This represents an overall increase of 5,793 hours
(approximately two months of additional use), underscoring strong community demand.
TABLE 2: 2025 ATHLETIC FACILITIES/PICNIC AREA HOURS
RESERVED
Facility Rental Location May June July August Total
Dublin Sports Grounds 1,160 710 942 674 3,486
Fallon Sports Park 2,416 1,752 1,971 1,154 7,293
Ted Fairfield Park 101 24 22 23 170
Emerald Glen Park 593 238 314 347 1,492
Batting Cages 332 337 303 282 1,254
Stager Gymnasium 143 235 265 46 689
Picnic Rentals 892 1,585 1,451 1,180 5,180
Total Hours Reserved 5,637 4,881 5,268 3,706 19,564
Private Rentals/Banquet Facilities
TABLE 3: FACILITY RENTAL HOURS RESERVED MAY- AUGUST
Facility 2024 2025
Shannon Community Center – Non-Profits 68 196
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Attachment 1
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Shannon Community Center – Private 1,877 1,626
Heritage Park- Non-Profits 17 104
Heritage Park – Private 280 262
Dublin Senior Center – Non-Profits 12 76
Dublin Senior Center - Private 517 606
The Wave Community Room – Non-Profits 84 22
The Wave Community Room - Private 378 895
Dublin Library Rooms – Non-Profits 535 483
Dublin Library Rooms – Private 300 92
Civic Center Bray Community Room – Non-Profits 514 325
Civic Center Bray Community Room – Private 442 56
Total Hours Reserved 5,024 4,743
Heritage & Cultural Arts
Heritage Park and Museums
During this reporting period, the Heritage Park and Museums operated on Tuesdays
from 4:00 p.m. to 8:00 p.m. and on Saturdays and Sundays from 10:00 a.m. to 2:00
p.m. The weekend hours continue to be popular, attracting 937 total visitors during the
reporting period.
Small Classroom Exhibit
A new exhibit, entitled "Fighting Fires and Saving Lives: Dublin's First Firefighters", was
unveiled this in August, inviting visitors to discover the forgotten heroes of 1960s Dublin,
whose dedication formed the basis of our commu nity’s safety. Travel back in time to
experience the evolution of firefighting through firsthand accounts, vintage gear, and
tales of danger, bravery, and courage, as well as the everyday life of early Dublin
firefighters. This exhibit will be on display until February 2026 and was designed and
created by City of Dublin Historian Steve Minniear, with funding from the Dublin
Historical Society. The exhibit tells the stories of the early Dublin firefighters from the
1960s through the 1990s. It includes artifacts from the Valley Community Service
District/Dublin San Ramon Services District, Santa Rita Jail, Camp Parks, and
Dougherty Regional Fire District fire departments.
Weekend Wonders
Weekend Wonders are monthly, one-day programs held on Saturdays at Heritage Park
and Museums. In May, participants showed off their yoga poses during Yoga in the
Park. In June, one of the favorites, Old Fashioned Ice Cream Social, was back and filled
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to capacity with 30 participants. In July, participants tried their hand at leather working,
and in August, families experienced Life on the Farm.
School Field Trips & Guided Tours
Heritage Park School field trips successfully concluded in May, marking the end of
another season of educational visits. In addition, one private tour was conducted in July,
offering a more personalized experience and showcasing the unique historical and
cultural treasures of Heritage Park to a select group of visitors.
Pioneer Cemetery
During this reporting period, the Pioneer Cemetery recorded two interments, one full
casket burial and one cremation, reflecting its continued service to the community’s
burial needs.
Public Art
The annual Utility Box Art Program continued, with 10 newly painted boxes added this
period. Each design centered on the theme “Urban Nature,” bringing creativity and
vibrancy to everyday spaces while highlighting the talents of local artists.
Senior Center
Senior Programming
The Senior Center hosted a variety of enriching programs this summer, engaging the
community with diverse events and resources. New programs such as Beginning
Ukulele and Sound Bath, Meditation, and Breath Work have been added to the array of
unique offerings the center features. The California Highway Patrol offered a workshop
on safe driving for older adults in May, and the Health Insurance Counseling and
Advocacy Program continued to offer monthly presentations surrounding legal support
and insurance needs for seniors.
TABLE 4: 2025 SENIOR CENTER VISITORS AND VOLUNTEERS TOTALS
Category May June July Aug
Visitors -Daily Average 426 320 512 393
Volunteer hours 271 266 231 209
Open Heart Kitchen
Open Heart Kitchen continues to provide healthy and delicious meals for seniors. Since
May, Open Heart Kitchen has been serving an average of 40 meals per day at the
Senior Center. During the reporting period, 4,833 meals were served, averaging 1,208
meals per month.
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Senior Center 20th Anniversary Party
The Dublin Senior Center celebrated its 20th Anniversary with a community-wide
celebration featuring live entertainment from Melody Minstrels, refreshments, and
special activities that highlighted two decades of service and connection. The milestone
event honored the Center’s history and showcased the vibrant programs that continue
to enrich the lives of seniors in the community. Over 200 seniors were in attendance.
Special Events
APAPA Asian Heritage Celebration
The 7th Annual Tri-Valley Asian Heritage Celebration successfully took place on May 10
in honor of Asian American and Pacific Islander Heritage Month. Hosted by the City of
Dublin in partnership with the Asian Pacific Islander American Public Affairs (APAPA),
the event was held at the Dublin High School Center for Performing Arts and Education.
The evening was a vibrant showcase of cultural performances, including traditional
dances, instrumental ensembles, and choir performances, representing a variety of
Asian cultures.
2025 Summer Concert Series
The 2025 Summer Concert Series brought lively performances to the Dublin Farmers’
Market from June 12 through August 7. This year’s lineup featured Notorious Band,
Tamas Band, Good Time Collective, and Pop Rocks! offering a wide range of musical
styles for the community to enjoy.
A special highlight was the Juneteenth Celebration on June 19, featuring Kalimba: A
Tribute to Earth, Wind & Fire, which drew an enthusiastic crowd and added a
memorable cultural celebration to the series.
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Attachment 1
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Community Bike Ride
On May 30, the department hosted its second Community Bike Ride, beginning at the
Civic Center and ending at the Dublin Farmers Market. The ride welcomed 11
participants and celebrated Bike to Market Day by promoting active living, community
connections, and sustainable transportation.
Family Campout
Family campouts were held at Jordan Ranch, Alamo Creek, and Schaefer Ranch Parks.
The program hosted over 200 families at each campout for a night of crafts, dinner,
entertainment, and s’mores.
Picnic Flix
The Picnic Flix Outdoor Movie Nights program featured six family-friendly films, with
three showings at Stager Gym Field and three at Emerald Glen Park. The series
welcomed over 1,000 attendees and was made possible through the generous support
of four major sponsors: Lazy Dog, East Bay SPCA, Vitality Bowls, and Jazz Cooling.
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Their continued partnership ensures this free program remains a popular summer
tradition for the community.
Upcoming Events
TABLE 8: UPCOMING EVENTS
Date Event Location
11/8/2025 Weekend Wonders – Soap Making Heritage Park
11/08/2025 Holiday Craft Boutique Dublin Senior Center
12/4/2025 Dublin Tree Lane Dublin Civic Center
12/04/2025 Holiday Tree Lighting Dublin Civic Center
12/05/2025 Holiday Dance Escape Dublin Senior Center
12/06/2025 Breakfast with Santa Shannon Community Center
12/13/2025 Weekend Wonders – Winter Wreath
Workshop
Heritage Park
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STAFF REPORT
Heritage & Cultural Arts Commission
Page 1 of 3
Agenda Item 6.1
DATE: November 13, 2025
TO: Honorable Chair and Commissioners
FROM: Jackie Dwyer, Parks & Community Services Director
SUBJECT:
Dublin Library/Civic Center Public Art Mural Project - Artwork Selection
Prepared by: Shaun Chilkotowsky, Parks & Community Services Manager
EXECUTIVE SUMMARY:
The Heritage and Cultural Arts Commission will consider Public Art proposals and make a
recommendation to the City Council. The future artwork, a permanent outdoor mural, will be
located on a utility enclosure that is adjacent to the Dublin Library.
STAFF RECOMMENDATION:
Consider the Public Art proposals and recommend one proposal to the City Council for
approval.
FINANCIAL IMPACT:
Funding for this project is included in the Fiscal Year 2024-2029 Capital Improvement Program
(Project PA0125). The total project budget is approximately $200,000, with the artist’s
commission for this specific mural estimated to be between $25,000 - $40,000. The project is
fully funded through the Public Art Fund, and no General Fund dollars will be used.
DESCRIPTION:
Background
At its June 4, 2024, meeting, the City Council approved the 2024-2029 Capital Improvement
Program that included a new Public Art project (PA0125) dedicated to future outdoor
murals. The project allocated $200,000 for projects including, but not limited to, generator and
other utility enclosures.
Project PA0125 earmarks funding to support future mural projects. Including both those that
are currently planned and those that may arise in the future. One specific planned project is
for a permanent mural on the generator enclosure located adjacent to the Dublin Library in the
parking lot between the Dublin Library and Dublin City Hall. Once complete, this outdoor
mural will be added to the City’s permanent Public Art Collection .
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Page 2 of 3
Artist & Artwork Selection
On February 12, 2025, Staff issued a Request for Qualifications (RFQ) seeking qualified artists
(Attachment 1). Interested artists submitted a portfolio and resume to be considered for an
invitation to develop a site-specific design proposal. The deadline for the RFQ was March 26,
2025. The City received thirty-one responses from qualified artists.
At its May 8, 2025, meeting, the Heritage and Cultural Arts Commission (Commission)
discussed and provided feedback on objectives, themes, and other relevant information related
to this specific mural project. The theme developed for this project was “Our Story Begins with
Imagination.”
Commission feedback was provided to the Ad Hoc Artwork Selection Committee (Selection
Committee) as they convened for artist portfolio review and selection. Additionally, artists
selected to develop site-specific proposals were provided with project-specific objectives
developed from the feedback. Lastly, during artwork selection by the Committee, artist
proposals were reviewed against the project-specific objectives. Feedback and project
objectives provided to artists and Selection Committee members are included as Attachment
2.
On June 18, 2025, the Selection Committee met to review artist portfolios. The Selection
Committee selected five artists and invited them to provide a site-specific design proposal. The
Selection Committee reconvened on August 20, 2025, to review the site-specific design
proposals. After deliberations, the Committee selected three proposals for consideration.
These proposals were from artists Morgan Bricca, Yetti Frenkel, and MJ Lindo-Lawer/Rough
Edge Collective. The full proposal from each artist, including their original portfolio
submissions, is included as Attachments to this Staff report.
Community Outreach
Between September 3, 2025, and September 14, 2025, a public survey was available seeking
feedback on the proposals from the three finalists. The survey was shared via traditional city
channels, including on the City website. Over seven hundred responses were received. The
feedback received was overwhelmingly positive for all three proposals, and the feedback was
shared with artists for consideration. The feedback is summarized below.
Morgan Bricca Proposal Feedback
The mural received overwhelmingly positive feedback, with respondents praising its calming,
nature-focused design that reflects Dublin’s environment, history, and trails. Respondents felt it
blended seamlessly with the surroundings, looked polished and professional, and was
inclusive by focusing on nature rather than people. Minor suggestions included adjusting or
relocating the poem/legend and avoiding too much repetition with other nature -themed art.
Yetti Frenkel Proposal Feedback
The mural received overwhelmingly positive feedback. Respondents praised the proposal for
capturing Dublin’s families, diversity, community spirit, and natural beauty. Respondents
thought its colorful, inclusive, storybook style feels cheerful, relatable, and perfect for a library
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setting. Suggestions included adding more native plants and wild life, blending the panels more
smoothly, adjusting or replacing the cows, ensuring kids wear helmets, and simplifying busy
sections.
MJ Lindo-Lawyer/Rough Edge Collective Proposal Feedback
The mural received overwhelmingly positive feedback. Respondents praised its vibrant, bold
colors and modern style, as well as its inclusive representation of Dublin’s diverse community.
The child reading was highlighted as a perfect tie to the library’s purpose. Suggestions
included refining demographic representation to ensure an accurate reflection of Dublin’s
growing cultural and geographic diversity, in addition to its history.
Next Steps
The Commission is being asked to review the three site-specific design proposals and make a
recommendation to the City Council for consideration.
It is anticipated that the City Council will consider the Heritage and Cultural Arts Commission
recommendation in January 2026. The project will commence following City Council approval
and execution of a Public Art Agreement.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted, and the artists were provided with a copy of the Staff
Report.
ATTACHMENTS:
1) Request for Qualified Artists and Site Location
2) Dublin Library/Civic Center Mural Project Details
3) Design Proposal and RFQ Response from Morgan Bricca
4) Design Proposal and RFQ Response from Yetti Frenkel
5) Design Proposal and RFQ Response from MJ Lindo-Lawyer
21
REQUEST FOR QUALIFICATIONS
Public Art – Murals
Pre-Qualified List of Muralists for Future Projects
RFQ ISSUE DATE: February 12, 2025
RFQ DEADLINE: March 26, 2025, 4:00 p.m. PST
The City of Dublin invites artists with experience creating murals to submit
qualifications to become pre-qualified for upcoming public art projects to be installed
on City property during the next three years. From this list of pre-qualified artists, the
City will invite artists to submit proposals for specific projects.
BACKGROUND
The City of Dublin, incorporated in 1982, is one of the fastest growing communities in
California. Dublin is located in the Tri-Valley region, about 30 miles east of San
Francisco, bordered by the cities of Pleasanton, Livermore, and San Ramon. Dublin
has a robust public art program, with a municipal collection of more than 35 works,
primarily outdoor sculptures, murals, and tile works acquired or commissioned in the
last 20 years.
In 2020, the City updated its Public Art Master Plan. The Public Art Master Plan
emphasizes highly visible artwork along major thoroughfares and prioritizes artworks
within Downtown Dublin. All expected mural projects are anticipated to be in highly
visible areas and experience high volumes of vehicle and/or pedestrian traffic.
MURAL OPPORTUNITIES
Anticipated Mural Opportunities
The City of Dublin anticipates the completion of mural(s) throughout the City of Dublin
in the next three years. Exact locations are yet to be confirmed, but may include above
ground utility enclosures, building facades, and other locations in the public right-of-
way or on City owned property.
Budgets will vary by specific project but are anticipated to range from $15,000 to $50,000
and are intended to include all costs, including site and surface preparation, materials,
painting, and finish coats. Detailed specifications and project scope will be shared with
artists selected to develop site specific proposals.
Artwork selection timelines will vary depending on the specific project scope. It is
anticipated that the City will begin its first mural project in Summer 2025 on a backup
generator enclosure at the Dublin Public Library (200 Civic Plaza. Dublin, CA 94568).
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ART SELECTION PROCESS
Staff Review
City Staff, including the Heritage and Cultural Arts Division, Public Works Department,
and contract public art conservator, reviews all applicants. Staff Review evaluates
artistic qualifications and merit; demonstrated ability to create works that are unique,
appropriate to the location, and meaningful to the community; and experience
working successfully with government agencies, engineers, architects, and landscape
architects, and project managers. The Staff Review also identifies up to 20 artists to be
presented to the Project Selection Committee.
Project Selection Committee Review of Artists
The Project Selection Committee, made up of five to seven people, including
stakeholders and members of the public, reviews the qualifications of up to 20 pre-
qualified artists. The Project Selection Committee narrows the list to no more than five
artists invited to present a proposal for the project. Artists are invited to a site visit and
meet with Staff to ensure an understanding of the project's scope and timeline.
Project Selection Committee Review of Designs
The Project Selection Committee is reconvened to review the submitted designs. Artists
are required to attend this review and present their concepts in detail, as well as
material samples, renderings, and maquettes. The Project Selection Committee will
rank design proposals for the Heritage and Cultural Arts Commission. The Project
Selection Committee may reject any or all designs and may return to the pre-qualified
list if necessary.
Heritage and Cultural Arts Commission Meeting
The Heritage and Cultural Arts Commission reviews the Project Selection Committee’s
ranked recommendations. The Heritage and Cultural Arts Commission reviews
projects based on whether they meet the goals and criteria identified in the Public Art
Master Plan. Artists are required to attend the Heritage and Cultural Arts Commission
Meeting and are expected to briefly present their concept, materials samples,
renderings, and maquette. The Heritage and Cultural Arts Commission will make a
final recommendation to the City Council for approval.
City Council Review
City Council will review the proposed design recommended by the Heritage and
Cultural Arts Commission. The Artist is required to attend the City Council meeting.
The Artist will be notified in advance if the City Council requests a presentation. In
many cases, the Artist is present only to answer any questions from the City Council
regarding their proposal. The City Council approves design proposals and artist
contracts.
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RFQ SPECIFICATIONS
Artist qualifications shall be submitted in electronic form. Electronic copy may be
submitted via email, file sharing, or thumb drive. Please also provide a separate
electronic version (jpeg preferred) for any photographs. The packet should include:
a. Completed Coversheet: Use the form provided at the end of this application.
b. Professional Resume/Biography: Attach up to four pages detailing artistic
accomplishments, including awards, commissions, exhibitions, related academic
appointments, etc.
c. Images of Past Work: Attach up to 12 color photographs of your work and jpeg
versions of each (300 dpi, 5 MB or smaller). All images must be numbered 1-12.
Please label each photo with the artist’s name and image number, i.e., Smith-01,
Smith-02. You may submit multiple views of the same artwork, for example, a
detail shot, but each image counts as one of the 12.
d. Image List: Attach a list of images, including image number, title of the artwork,
year of completion, location, dimension, medium, and budget. If the piece was
commissioned, indicate the commissioning organization and a brief project
description.
e. References: Contact information for three individuals who have worked with you
recently on large-scale pieces. These could include clients commissioning work,
project managers, architects, landscape architects, or engineers.
DIRECTIONS FOR SUBMITTAL: Packages containing the proposal and any related
material shall be plainly marked on the outside in the following manner: “Dublin CA
Public Art – Murals.” Package deliveries are accepted Monday-Friday, 8:00 AM to 5:00
PM
COSTS INCURRED IN RESPONDING TO THE RFQ: The City of Dublin shall not be
liable for any costs incurred by an artist in responding to this request for qualifications.
SUBMISSION DEADLINE: All materials must be received by Shaun Chilkotowsky,
Parks & Community Services Manager, by March 26, 2025, 4:00 PM. It is the
responsibility of the applicant to verify the receipt of materials by the scheduled
deadline. Electronic versions may be delivered via email, file sharing website, or a
thumb drive. Thumb drives will not be returned.
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RETURN YOUR QUALIFICATIONS AND SIGNED QUALIFICATION
COVERSHEET TO:
Mail: Shaun Chilkotowsky, Parks & Community Services Manager
City of Dublin
Parks and Community Services
100 Civic Plaza
Dublin, CA 94568
Phone: (925) 556-4565
Email: shaun.chilkotowsky@dublin.ca.gov
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QUALIFICATIONS COVERSHEET
Pre-Qualified List of Muralists for Future Projects
Qualifications will not be accepted after March 26, 2025, 4:00 PM.
Artist:
Address:
City: State: Zip:
Phone: Social Handles:
E-mail Address: Website:
Signature of Artist: Date:
A sample of the City’s Standard Public Art Agreement (Agreement), including insurance
requirements, is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance
requirements, the interested firm shall clearly identify proposed changes to the
Agreement and furnish the reason for these changes, which shall be included in the
qualification. Exceptions will be taken into consideration in evaluating responses.
Otherwise, the interested firm shall confirm below that the Agreement and insurance
requirements are acceptable. Exceptions will not be considered if not included in the
submitted response.
Please initial confirming you have read the City’s Standard Agreement:
• I have read the City’s Standard Agreement template and confirm my ability to meet
requirements therein. Initials: Date:
• I have read the City’s Standard Agreement template and would like to request
changes for consideration. Initials Date:
(requested changes for consideration must be included with submittal materials)
Special Note for Artist Teams:
If multiple artists are applying as a team, please provide this coversheet and resume for
each member of the team, and clearly designate one artist as the primary contact. Teams
that do not have 12 images of past work done together may round out the images with
the work of individual team members.
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Public Art Agreement
PUBLIC ART AGREEMENT BETWEEN
THE CITY OF DUBLIN AND (Insert Artist Name)
THIS AGREEMENT is made by and between the City of Dublin (“City”) and (insert
Artist name) (“Artist”) as of _______________ ___, 20__, for the purposes and on the terms
and conditions set forth below.
RECITALS
WHEREAS, the City requires the services of Artist to perform artistic services described
in the Agreement for a public art project as described under Section 8.58 of the Dublin
Municipal Code; and
WHEREAS, the City is authorized by Section 2.36.050 of the Dublin Municipal Code to
contract for the specialized services of the artist contemplated by this Agreement; and
WHEREAS, Artist is qualified and desires to perform the artistic services required by the
City as set forth in this Agreement; and
WHEREAS, the City Council, on ___________ ___, 20__, authorized the City Manager
to negotiate an agreement between City and Artist for the preparation of a final design,
fabrication and installation for a public art sculpture at (insert location).
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
AGREEMENT
1.SERVICES.Subject to the terms and conditions set forth in this Agreement, Artist shall
provide to City the services necessary to provide the artwork (“Work”) described in the Artist
Proposal described in Exhibit A, and in the Scope of Work attached as Exhibit B at the time and
place, and in the manner specified therein. In the event of a conflict in or inconsistency between
the terms of this Agreement and Exhibit B, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on the date of completion specified in Exhibit B, and Artist shall complete
the Work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 17. The time provided to Artist to complete
the services required by this Agreement shall not affect the City’s right to terminate the
Agreement, as provided for in Section 17.
1.2 Standard of Performance. Artist shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Artist is engaged in the geographical area in which Artist
practices its profession. Artist shall prepare all work products required by this Agreement in a
substantial, first-class manner and shall conform to the standards of quality normally observed by
a person practicing in Artist’s profession.
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Public Art Agreement
1.3 Assignment of Personnel. Artist shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Artist
shall, immediately upon receiving notice from City of such desire of City, reassign such person
or persons.
1.4 Time. Artist shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Artist’s obligations hereunder.
2. SCOPE OF WORK. Artist shall provide a final design, fabrication and installation of
(insert what artist will be submitting to City) for (insert location) public art project as more
specifically described in Exhibits A and B of this Agreement.
2.1 The City shall be responsible for providing the Artist, without cost, copies of
designs, drawings, reports, and other relevant data needed by the Artist to design and execute the
Project.
2.2 The Artist shall, whenever required during the term of this Agreement, present to
the City in writing, drawing, or other appropriate media for further review and approval any
significant changes in the scope, design, color, size, material, utility, support requirements,
texture, or location of the site or the Work. A significant change is any change that could affect
the future installation, scheduling, site preparation, or maintenance of the Work, or the concept
of the Work as represented in the original concept design included in Exhibit A.
2.3 The City may, at any time, request the Artist in writing to (a) revise portions of
the services that he/she has previously completed in a satisfactory manner; (b) delete portions of
the Scope of the Work that the Artist has not yet performed; (c) perform additional work beyond
the Scope of Work to be provided in Exhibit B; and, (d) make other changes within the General
Scope of the Work to be performed under this Agreement. In the event of such a written request,
the Artist may, but shall not be obligated to agree to any such request.
2.4 In the event the request for change is agreed to by the Artist, this Agreement shall
be amended, in writing, specifying the agreed changes, including, but not limited to, a
description of services, additional budget, payment schedule, and timetable. In the event that the
Artist does not agree to the request, the City shall be entitled to terminate the Agreement for
cause pursuant to Section 17 herein.
2.5 No services for which additional compensation will be charged shall be provided
by the Artist without the prior written authorization by the City.
3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $________ as
specified in the Payment Schedule as described in Exhibit C, notwithstanding any contrary
indications that may be contained in Artist’s proposal, for services to be performed under this
Agreement; or subject to additional amounts for any revisions requested and change order
approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the
event of a conflict between this Agreement and Artist’s proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay Artist for
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Public Art Agreement
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified in Exhibit C shall be the only payments from City to Artist for services
rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Artist shall not bill City for duplicate
services performed by more than one person.
Artist and City acknowledge and agree that compensation paid by City to Artist under
this Agreement is based upon Artist’s estimated costs of providing the services required
hereunder, including salaries and benefits of employees and subcontractors of Artist.
Consequently, the parties further agree that compensation hereunder is intended to include the
costs of contributions to any pensions and/or annuities to which Artist and its employees, agents,
and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
3.1 Invoices. Artist shall submit invoices as specified in Exhibit B and C, not more
often than once a month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
(a) Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the
first invoice, etc.;
(b) The beginning and ending dates of the billing period;
(c) A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the Agreement, the Artist’s
signature.
3.2 Total Payment. City shall pay for the services to be rendered by Artist pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Artist in rendering services pursuant to this Agreement. City shall make no payment
for any extra, further, or additional service pursuant to this Agreement.
In no event shall Artist submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement, unless the
Agreement is modified prior to the submission of such an invoice by a properly executed change
order or amendment.
3.3 Payment of Taxes. Artist is solely responsible for the payment of employment
taxes incurred under this Agreement and any similar federal or state taxes.
3.4 Payment upon Termination. In the event that the City or Artist terminates this
Agreement pursuant to Section 17, the City shall compensate the Artist for all outstanding costs
and reimbursable expenses incurred for work satisfactorily completed as of the date of written
notice of termination. Artist shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
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Public Art Agreement
3.5 Authorization to Perform Services. The Artist is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at his/her
sole cost and expense, provide all facilities and equipment that may be necessary to perform the
services required by this Agreement. City shall make available to Artist only the facilities and
equipment listed in Exhibit B, and only under the terms and conditions set forth herein.
5. RESPONSIBILITY OF THE ARTIST
5.1 The Artist agrees that an essential element of this Agreement is the skill and
creativity of the Artist. The Artist shall not assign the creative or artistic portions of the Work to
another party for the production of the Work without the written consent of the City. Failure to
conform to this provision may be cause for termination of this Agreement, at the sole option of
the City.
5.2 The Artist shall be responsible for providing services described in Exhibit B,
including but not limited to, the quality and timely completion of the services. As part of the
Work, Artist shall be responsible for designing the Work, as described in Exhibit A, so that it
can be constructed without exceeding the approved overall budget for the Work of $_______.
The Artist shall, without additional compensation, correct or revise any errors, omissions, or
other deficiencies in his/her Work.
5.3 The Artist shall complete the fabrication and installation of the Work in
substantial conformity with the attached Exhibit B, Scope of Work.
5.4 The risk of loss or damage to the Work shall be borne by the Artist until final
acceptance by City. The Artist shall take such measures as are necessary to protect the Work
from loss or damage until final acceptance by City.
6. TIMELY PROVISION OF SERICES; DAMAGES FOR DELAYED
PERFORMANCE. The parties agree that in the performance of the terms and requirements of
this Agreement by the Artist that time is of the essence. Artist shall devote such time to the
performance of services pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of Artist's obligations pursuant to this Agreement.
6.1 Damages for Delayed Performance. Subject to reasonable proof and
documentation confirming the same submitted by the City, Artist shall be liable for all incidental
and consequential damages resulting, directly or indirectly, from delays in performance caused
by Artist's acts or omissions. Damages may include, but are not limited to the cost to retrofit the
Work installation area should Artist not meet installation schedule as specified in Exhibit B. The
Artist shall not be liable to City for damages resulting from delays caused by force majeure or by
acts or omissions of City, Architect or the General Contractor; or third party vandalism, except to
the extent Artist failed reasonably to mitigate such damages.Illness, Injury, Death or Incapacity.
Should Artist die, become ill, injured or otherwise incapacitated (collectively, “incapacitated”)
such that Artist is unable to work for any period not exceeding 30 days (whether consecutive or
non-consecutive), any delay arising out of such incapacity will be allowed by City whenever it is
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Public Art Agreement
practicable to do so, considering the facts and circumstances of the Work, the Project, the
Architect, the General Contractor and the Client. City may require Artist to provide medical
certification of any claimed incapacity. In the event Artist is incapacitated such that Artist is
unable to work for a period exceeding a total of 30 days (whether consecutive or
nonconsecutive), City may, at its option, undertake to complete and install the Work in Artist’s
absence, so long as the final Work is substantially similar to that designed by Artist. If City
undertakes to complete the Work, City shall give due consideration to Artist’s suggestions, and
Artist may disclaim authorship of the Work. If City exercises its option to implement the Work
in Artist’s absence, any compensation paid or payable to Artist shall be reduced by the costs and
expenditures of City in completion and installation of the Work. In case of incapacity exceeding
30 days, the following person shall be Artist’s representative vis-à-vis the City for purposes of
this Section 6 unless otherwise directed in writing by the Artist:
Name:
Address
City, State, ZIP
Phone:
Email:
7. APPROVAL AND FINAL ACCEPTANCE OF WORK. Payment does not imply
acceptance of work. The granting of any payment by City, or the receipt thereof by Artist, shall
in no way lessen the liability of Artist to replace unsatisfactory work, equipment, or materials,
although the unsatisfactory character of such work, equipment or materials may not have been
apparent or detected at the time such payment was made. Materials, equipment, components, or
workmanship that does not conform to the requirements of this Agreement may be rejected by
City and in such case must be replaced by Artist without as soon as possible.
7.1 The granting or withholding of any approval by the City shall be determined by
the City in its sole and reasonable discretion. However, the City shall approve all deliverables if
they materially conform to plans or Contract Documents previously approved by the City. If the
City withholds approval of any deliverables or Phase, in addition to other rights or remedies
available to the City under the Agreement or applicable law, the City shall have the right to
terminate this Agreement immediately and shall have no further obligations under this
Agreement.
7.2 Final Acceptance. Artist shall advise the City in writing when Artist has
completed all obligations, services and deliverables under this Agreement and all modifications.
The City promptly shall send a Notice of Response identifying in writing any obligations,
services, or deliverables that Artist has not satisfactorily met, any defects in Artist’s
performance, and the requirements for Artist to cure any such default. Artist shall have twenty
(20) days from dispatch of the Notice of Response to cure any defects in Artist’s performance
identified in the City’s Notice of Response. The Work shall not be officially accepted by City
unless the City has issued a resolution of Final Acceptance. City shall make a good faith effort
to make a determination as to Final Acceptance promptly. Final Acceptance occurs once Work is
delivered and installing in consultation with Parks Department, and City and inspected and
approved the Work.
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Public Art Agreement
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Work
into the Public Art Collection.
8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Work as expressed in the Proposal,
Exhibit A, is an edition of one, and that neither Artist nor Artist’s agents will execute or
authorize another to execute another work of the same or substantially similar image, design,
dimensions and materials as the Work. Artist may create works that utilize or incorporate various
individual art elements that comprise the Work, so long as the work utilizing or incorporating
such individual elements (1) does not consist predominantly of such elements, (2) is not the same
or substantially similar in image, design, dimensions and materials as the Work, and (3) is not
displayed in an environment that is the same or substantially similar to the environment in which
the Work is to be displayed at the site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of
the Work and that Artist is the sole owner of any and all copyrights pertaining to the Work.
Artist further represents that the Work is free and clear of any liens and that there are no
outstanding disputes in connection with property rights, intellectual property rights or any other
rights in the Work or any parts of the Work.
8.3 The Artist shall faithfully perform the work required under this Agreement in
accordance with standards of care, skill, training, diligence, and judgment provided by highly
competent professionals who perform work of a similar nature to the Work described in this
Agreement. Artist shall assign only competent personnel to perform services pursuant to this
Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Artist shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons, unless in
the Artist's sole opinion, the skill or creativity of such person or persons is essential to the
creation of the Work.
8.4 Warranty of Workmanship. The Artist shall guarantee his/her Work to be free
from faults of material and workmanship for a period of one (1) year after installation and Final
Acceptance by the City. The Artist shall deliver the Work to the City free and clear of any liens
from any source whatsoever. The foregoing guarantees shall apply only to the Work that is
entirely that of the Artist or persons responsible to the Artist, as installed, and shall not apply to
materials or workmanship of projects in which the Work of the Artist is integrated or combined,
or to materials purchased, acquired, or installed by a person or entity not responsible to the
Artist.
8.5 Warranty of Public Safety. Artist represents and warrants that the Work will not
pose a danger to public health or safety in view of the possibility of misuse, if such misuse is in a
manner that was reasonably foreseeable at any time during the term of this Agreement.
8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and
warrants that:
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Public Art Agreement
8.6.1 Occasional or minimal cleaning and repair of the Work and any associated
working parts and/or equipment will maintain the Work within an acceptable standard of public
display;
8.6.2 Foreseeable exposure to the elements and general wear and tear will cause
the Work to experience only minor repairable damages and will not cause the Work to fall below
an acceptable standard of public display; and
8.6.3 With general routine cleaning and repair, and within the context of
foreseeable exposure to the elements and general wear and tear, the Work will not experience
irreparable conditions that do not fall within an acceptable standard of public display, including
mold, rust, fracturing, staining, chipping, tearing, abrading and peeling.
8.7 Manufacturer’s Warranties. To the extent the Work incorporates products
covered by a manufacturer’s warranty, Artist shall provide copies of such warranties to City.
9. MAINTENANCE OF WORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for
ongoing maintenance of the Work.
9.2 Artist shall provide the City with a General Maintenance Plan for the Work, with
a detailed description of future anticipated maintenance requirements; a recommended
maintenance schedule; anticipated and required care and/or replacement/upgrade of any part of
the Work and associated moving parts or equipment including any staff time involved in
displaying or operating Work and the frequency of such staff involvement; and written
instructions and manufacturer’s specifications for reasonably foreseeable maintenance and
preservation activities relating to the Work.
9.3 The Work shall be durable, taking into consideration that the installation site is an
unsecured public space that may be exposed to elements such as weather, temperature variation,
and considerable movement of people and equipment. Artist shall ensure that all maintenance
requirements will be reasonable in terms of time and expense.
9.4 Although City strives to maintain the Public Art Collection in good repair and
condition, City is not required by this Agreement to maintain the Work to any particular
standard. City may determine to allow the Work to deteriorate in accordance with the Work’s
temporary life span, if deemed appropriate by City or if City lacks sufficient funds for required
maintenance and/or conservation. If the Work suffers deterioration, City shall have sole
discretion to determine whether to remove the Work from display as a result of deterioration,
whether to replace any portion of the Work or translate any component into new media, or
whether to maintain the Work on display despite its deteriorated condition.
9.5 The anticipated life span of the Work is 25 years from the date of final acceptance
by the City. After that time, the City in its sole discretion may re-evaluate the Work to determine
if it retains its identity as a work of art and, if not, whether to take appropriate action, including
the possibility of destroying the Work. If the City determines that, through decay, vandalism or
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other forces, the Work has lost its integrity to the point where it should be destroyed, the City
shall first offer the Work to Artist free of charge and in writing.
10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 Artwork Removal. The Work may be removed from the Site at any time. Artist
acknowledges and understands that the installation of the Work at the Site may subject the Work
to destruction, distortion, mutilation, or other modification due to the acts of the City or third
parties or to its removal, repair, maintenance, storage, or transfer of ownership.
10.2 The City intends to display the Work as originally created by Artist in Exhibit A
and to maintain the Work in good condition. Public artworks commissioned by the City are
sometimes integrated into their site, such that they become an integral, permanent and site-
specific part of a building’s architecture or landscaped environment and removal of the Work
would result in significant changes to the Work and the building’s architecture. City, however,
shall preserve complete flexibility to operate and manage City property in the public’s interest.
Therefore, City retains the absolute right to alter the Work in City’s sole judgment. For example,
City may alter the Work to eliminate hazard, to comply with the Americans with Disabilities
Act, to otherwise aid City in the management of its property and affairs, or through neglect or
accident. If, during or after the term of this Agreement, City finds the Site to be inappropriate,
City has the right to install the Work at an alternate location that City chooses in its sole
discretion. If the Work is free-standing such that it can be removed without significant damage to
the Work or the Site, and if the City authorizes the removal of the Work, the City shall take
reasonable precautions to minimize alteration of the Work during removal.
10.3 With respect to the Work produced under this Agreement, and in consideration of
the procedures and remedies specified in this Agreement, Artist waives any and all claims,
arising at any time and under any circumstances, against City, its officers, agents, employees,
successors and assigns, arising under the federal Visual Artists Rights Act (and 113(d)), the
California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state,
federal, or international laws that convey rights of the same nature as those conveyed under 17
U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the
integrity of works of art. If the Work is incorporated into a building such that the Work cannot be
removed from the building without alteration of the Work, Artist waives any and all such claims
against any future owners of the site, and its agents, officers and employees, for alteration of the
Work. Artist shall provide City with aforementioned waivers prior to the commencement of
work.
10.4 If City intends to take any action with respect to the site or the Work that would
alter the Work, other than routine cleaning and maintenance, the following procedures shall
apply:
10.4.1 Notice. Where time permits, City shall make reasonable good faith efforts
to notify Artist at least twenty (20) calendar days prior to authorizing any alteration of the Work,
at the last phone number or address provided by Artist to the City’s Contract Administrator.
Where time does not permit prior to alteration of the Work – for example, in cases of public
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Public Art Agreement
hazard, accident or unauthorized alteration – City shall notify Artist within thirty (30) calendar
days after such alteration.
10.4.2 Consultation. After receiving such notice, Artist shall consult with City to
determine whether the Work can be restored or relocated, and to attempt to come to a mutually
agreeable plan for disposition of the Work. Such consultation shall be without charge by Artist
unless otherwise specifically agreed in writing. If City intends to remove the Work, Artist shall
consult regarding methods to minimize or repair any Alteration to the Work caused by such
removal and the potential costs of such removal.
10.4.3 Restoration. If the Work is altered, with or without prior notice to Artist,
and City intends to maintain the Work on display, City shall make a reasonable good faith effort
to engage Artist in the restoration of the Work and to compensate Artist for Artist’s time and
efforts at fair market value, which may be the subject of a future Agreement between Artist and
City. However, City has no obligation under this Agreement to restore the Work to its original
condition, to compensate Artist for any restoration work, or to maintain the Work on display. If
Artist fails or refuses to negotiate with City in good faith with respect to any restoration, City
may contract with any other qualified art conservator or artist for such restoration. During
Artist’s lifetime, City shall make best efforts not to display or de-accession only a portion of the
Work without Artist’s consent.
10.4.4 Removal by Artist. Where time permits, if City intends to take action that
will destroy or significantly alter the Work, such as destruction of all or part of the site, and City
determines that it will not remove the Work itself, City shall allow Artist to remove the Work at
Artist’s expense within 60 days of notice from the City of the need to remove the Work, in which
case title shall revert to Artist. If Artist fails to remove the Work within that 60 day period, City
may alter the Work in any manner, including destroying it, in City’s sole discretion.
10.4.5 Remedies. If City breaches any of its obligations under this Section,
Artist’s remedies shall be limited as follows: If City inadvertently fails to provide a required
prior notice of alteration, City will provide notice as soon as it discovers the omission, and before
alteration of the Work if that remains possible. If City alters the Work without providing Artist a
required prior notice of alteration, Artist shall be given the first right of refusal to restore the
Work at the same location and City shall make reasonable efforts to provide funding for the
restoration. If City funds cannot be made available after reasonable efforts are made to secure
such funding, Artist may, but is not obligated to, restore the Work at Artist’s expense. If Artist
elects not to restore the Work, City may retain another artist or conservator to restore it, or may
Alter the Work in any manner, at City’s sole discretion.
10.5 If City alters the Work without Artist’s consent in a manner that is prejudicial to
Artist’s reputation, Artist retains the right to disclaim authorship of the Work in accordance with
California Civil Code §987(d) and 17 U.S.C. §106A(a)(2).
10.6 Except as provided in this Agreement, with respect to third parties who are not
officers, employees, agents, successors or assigns of City, Artist retains Artist’s moral rights in
the Work, as established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the
California Art Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state,
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federal or international moral rights laws that protect the integrity of works of art. Accordingly,
nothing herein shall prevent Artist from pursuing a claim for alteration of the Work against a
third party who is not an officer, employee, agent, successor or assign of City. City has no
obligation to pursue claims against third parties to remedy or prevent alteration of the Work.
However, as owner of the Work, City may pursue claims against third parties for damages or to
restore the Work if the Work has been altered without City’s authorization.
11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
11.1 Copyright. Subject to usage rights and licenses granted to City hereunder, Artist
shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this
Agreement. Artist’s copyright shall not extend to predominantly utilitarian aspects of the Work,
such as landscaping elements, furnishings, or other similar objects. If Artist is comprised of two
or more individual persons, the individual persons shall be deemed joint authors of the Work.
11.1.1 Artist agrees that all work performed under this Agreement shall comply
with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State
of California and the United States. Artist hereby represents and warrants that the work does not,
and Artist has not and will not, utilize any protected patent, trademark or copyright in
performance under this Agreement unless and until Artist has obtained proper permission and all
releases and other necessary documents.
11.1.2 Artist agrees to release, indemnify, defend, and save harmless City, its
officers and employees from any and all claims, damages, suits, costs, expenses, liabilities,
actions or proceedings of any kind resulting from the performance under this Agreement which
infringes upon any patent, trademark or copyright or other right protected by law.
11.2 City’s Intellectual Property License. Artist grants to City, and to City’s agents,
authorized contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the
following with respect to the Work, the Work, and any original works of authorship created
under this Agreement, whether in whole or in part, in all media (including electronic and digital)
throughout the universe:
11.2.1 Implementation, Use, and Display. City may use and display the Work (to
the extent the Work includes graphic representations or models) and the Work. To the extent the
Work involves design elements that are incorporated by City into the design of the site, City may
implement such elements at the site.
11.2.2 Reproduction and Distribution. Artist hereby grants to City a perpetual,
royalty-free, non-exclusive license to reproduce or perform any works created under this
Agreement for any City purpose. City may make and distribute, and authorize the making,
display and distribution of, photographs and other 2-dimensional reproductions. City may use
such reproductions for any City-related purpose, including advertising, educational and
promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and
multimedia publicity, gifts for City benefactors, documentation of City’s Public Art Collection,
and catalogues or similar publications. City shall ensure that such reproductions are made in a
professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds
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from the sale of any such reproductions shall be used to maintain and support City’s Public Art
Collection or for any other public purposes that City deems appropriate. The license granted
hereunder includes the right to create 2-dimensional reproductions on items such as tote-bags, T-
shirts, coffee mugs and similar merchandise. Nothing hereunder shall be construed to constrain
Artist from creating posters, note cards, or other reproductions of the Work with appropriate
credit to the City.
11.2.3 Public Records Requests. Any documents provided by Artist to City are
public records and City may authorize third parties to review and reproduce such documents
pursuant to public records laws, including the San Francisco Sunshine Ordinance and California
Public Records Act.
11.3 Third Party Infringement. The City is not responsible for any third party
infringement of Artist’s copyright and is not responsible for protecting the intellectual property
rights of Artist.
11.4 Credit. All reproductions by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: “_____________ (c), date.” The Artist shall
use his/her best efforts to include a credit reading substantially "An original work commissioned
by the City of Dublin, California" in any public showing under the Artist's control of
reproductions of the Work.
11.5 Publicity. City shall have the right to use Artist’s name, likeness, and
biographical information, in connection with the display or reproduction and distribution of the
Work including all advertising and promotional materials regarding City or the City. Artist shall
be reasonably available to attend any inauguration or presentation ceremonies relating to the
public dedication of the Work.
11.6 Trademark. In the event that City’s use of the Work creates trademark, service
mark or trade dress rights in connection with the Work, City shall have an exclusive and
irrevocable right in such trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Work as a fixture to real property, and if the
resale value of the Work is not itemized separately from the value of the real property, the parties
agree that the resale price of the Work shall be presumed to be less than the purchase price paid
by City under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to
California Civil Code §986 or any other law requiring the payment of resale royalties. If City
sells the Work as an individual piece, separate from or itemized as part of a real property
transaction, City shall pay to Artist a resale royalty to the extent required by law, based upon the
sale price of the Work.
11.8 If for any reason the proposed design is not implemented, all rights to the
proposed Work shall be retained by the Artist. The City shall have no right to implement the
proposed Work, whether or not protected by copyright, unless and until the City and the Artist
enter into a subsequent agreement for the implementation of the proposed design.
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12. OWNERSHIP OF RESULTS AND RISK OF LOSS
12.1 Title Transfer. Except in the case of early termination of this Agreement, title to
the Artwork shall transfer from Artist to City upon the City’s Final Acceptance of the Work.
Title transfer shall be self-executing upon City’s Final Acceptance. Artist will cooperate in
providing to City any title transfer documents City may request or require during or after the
Term of this Agreement.
12.2 Risk of Loss. The risk of loss or damage to the Work shall be borne solely by
Artist until Final Acceptance of the Work by the City. Artist shall take steps to protect the Work
from loss or damage. The City staff shall make a good faith effort to inspect the Work within 15
days after completion so that the City can approve the Work by resolution in a timely fashion.
12.3 Ownership of Documents. Conceptual Design, Design Development Documents,
Construction Documents, Samples, Mock-ups and all other documents prepared and submitted
by Artist to the City pursuant to this Agreement shall belong to the City. Artist may retain
originals of such documents and items and provide copies to City.
13. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Artist, at its own cost and expense, shall procure "occurrence coverage" insurance against claims
for injuries to persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Artist and its agents, representatives, employees, and
subcontractors. Artist shall provide proof satisfactory to City of such insurance that meets the
requirements of this section and under forms of insurance satisfactory in all respects to the City.
Artist shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Artist's bid. Artist shall not
allow any subcontractor to commence work on any subcontract until Artist has obtained all
insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior
to execution.
13.1 Commercial General and Automobile Liability Insurance.
13.1.1 General Requirements. Artist, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO
MILLION DOLLARS ($2,000,000.00) aggregate, combined single limit coverage for risks
associated with the work contemplated by this Agreement. If a Commercial General Liability
Insurance or an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-owned
automobiles.
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13.1.2 Minimum Scope of Coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 (“any
auto”). No endorsement shall be attached limiting the coverage.
13.1.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
(a) City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of activities
performed by or on behalf of Artist, including the insured’s general supervision of Artist;
products and completed operations of Artist; premises owned, occupied, or used by Artist; and
automobiles owned, leased, or used by the Artist. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees, agents, or
volunteers.
(b) The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
(c) An endorsement must state that coverage is primary insurance with respect
to the City and its officers, officials, employees and volunteers, and that no insurance or self-
insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
(d) Any failure of Artist to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
(e) An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to
the City. Artist shall notify City within fourteen (14) days of notification from Artist’s insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
13.2 All Policies Requirements.
13.2.1 Acceptability of Insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
13.2.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Artist shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
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13.2.3 Subcontractors. Artist shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
13.2.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of such
insurance are either not commercially available, or that the City’s interests are otherwise fully
protected.
13.2.5 Deductibles and Self-Insured Retentions. Artist shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before beginning any
of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Artist may increase such deductibles or self-insured
retentions with respect to City, its officers, employees, agents, and volunteers. The Contract
Administrator may condition approval of an increase in deductible or self-insured retention
levels with a requirement that Artist procure a bond, guaranteeing payment of losses and related
investigations, claim administration, and defense expenses that is satisfactory in all respects to
each of them.
13.2.6 Notice of Reduction in Coverage. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner, Artist shall
provide written notice to City at Artist’s earliest possible opportunity and in no case later than
five (5) days after Artist is notified of the change in coverage.
13.3 Remedies. In addition to any other remedies City may have if Artist fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for Artist’s
breach:
(a) Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
(b) Order Artist to stop work under this Agreement or withhold any payment
that becomes due to Artist hereunder, or both stop work and withhold any payment, until Artist
demonstrates compliance with the requirements hereof; and/or
(c) Terminate this Agreement.
14. INDEMNIFICATION AND ARTIST’S RESPONSIBILITIES. Artist shall
indemnify, defend with counsel mutually selected by the City and Artist, and hold harmless the
City and its officials, officers, employees, agents, and volunteers from and against any and all
losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal
injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct
or negligent acts or omissions of Artist or its employees, subcontractors, or agents, by acts for
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which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Artist shall not apply when (1) the injury, loss of life, damage to
property, or violation of law arises wholly from the negligence or willful misconduct of the City
or its officers, employees, agents, or volunteers and (2) the actions of Artist or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property,
or violation of law. It is understood that the duty of Artist to indemnify and hold harmless
includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance
by City of insurance certificates and endorsements required under this Agreement does not
relieve Artist from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies are determined to apply. By execution of this Agreement,
Artist acknowledges and agrees to the provisions of this Section and that it is a material element
of consideration.
In the event that Artist or any employee, agent, or subcontractor of Artist providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS
as an employee of City, Artist shall indemnify, defend, and hold harmless City for the payment
of any employee and/or employer contributions for PERS benefits on behalf of Artist or its
employees, agents, or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
15. STATUS OF ARTIST AS INDEPENDENT CONTRACTOR
15.1 Independent Contractor. At all times during the term of this Agreement, Artist
shall be an independent contractor and shall not be an employee of City. City shall have the
right to control Artist only insofar as the results of Artist's services rendered pursuant to this
Agreement and the assignment of personnel. Otherwise City shall not have the right to control
the means by which Artist accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other city, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Artist and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as
an employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
15.2 Nothing contained in this Agreement shall be construed as limiting the right of
Artist to engage in his/her profession separate and apart from this Agreement so long as such
activities do not interfere with the performance by Artist of his/her obligations as set forth in this
Agreement.
15.3 Artist is not an Agent. Except as City may specify in writing, Artist shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Artist shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
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16. LEGAL REQUIREMENTS
16.1 Governing Law. The laws of the State of California shall govern this Agreement.
16.2 Compliance with Applicable Laws. Artist and any subcontractors shall comply
with all laws applicable to the performance of the work hereunder.
16.3 Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Artist and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
16.4 Licenses and Permits. Artist represents and warrants to City that Artist and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Artist represents and warrants to City that Artist and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Artist and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
16.5 Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any employee,
applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of,
or applicant for any services or programs provided by Artist under this Agreement. Artist shall
comply with all applicable federal, state, and local laws, policies, rules, and requirements related
to equal opportunity and nondiscrimination in employment, contracting, and the provision of any
services that are the subject of this Agreement, including but not limited to the satisfaction of any
positive obligations required of Artist thereby.
16.6 Prevailing Wage. This Agreement may be subject to prevailing wage.
Where applicable, if Artist’s work involves fabrication and/or installation at the Site,
without limitation of any other provision of this of the Agreement, Artist must pay or cause to be
paid, prevailing wages for all work done under this Agreement as required by California law. All
subcontractors hired by Artist in relation to this Agreement must be registered, pursuant to
Section 1725.5 of the California Labor Code. Where applicable, this project may be subject to
compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”).
Where applicable, in the performance of the Agreement, employees of Artist and all
subcontractors, engaged by the Artist carrying out covered work shall be responsible for
compliance with California Labor Code Sections 1776 (payroll records, retention, inspection,
noncompliance penalties, rules, and regulations) and 1777.5 (employment of registered
apprentices, wages, standards, number, apprenticeship or trade, exemptions, and contributions),
and submit weekly for each week in which any contract work is performed a certified copy of all
payrolls for its employees and a certified copy of all its subcontractor’s payrolls directly to the
California Labor Commissioner, DIR, and the City within one week following week when work
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is performed. Payrolls shall conform to the requirements of the Labor Code Section 1776 and
shall be in the form acceptable to the City.
Pursuant to appropriate sections of the Labor Code of the State of California, the Director
of the DIR has ascertained the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension, and similar purposes) applicable to the work
provided by covered contractors for straight time, overtime, Saturday, Sunday and holiday work.
Where applicable, Artist shall post a copy of the prevailing wage rates at the Site or material
staging area.
Workers employed in work covered by prevailing wage must be paid at the rates at least
equal to the prevailing wage rates as adopted. If Artist uses a craft or classification not shown on
the prevailing wage determinations, Artist may be required to pay the wage rate of that craft or
classification most closely related to it as shown in the general determinations effective at the
time of award of this Agreement. Failure to pay such prevailing wages shall subject the employer
to the penalties set forth in Labor Code Section 1775.
If Artist requires the use of employees and/or subcontractors in order to perform any
work related to the Artist’s Services, Artist will contact the City to set up a meeting to discuss
the following: project registration with DIR, certified payroll upload into California DIR eCPR,
and submission of statement of compliance with monthly invoice
17. TERMINATION AND MODIFICATION
17.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Artist.
Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Artist shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of such
compensation upon Artist delivering to City any or all documents, photographs, computer
software, video and audio tapes, and other materials provided to Artist or prepared by or for
Artist or the City in connection with this Agreement.
17.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Artist understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Artist with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Artist for
any otherwise reimbursable expenses incurred during the extension period.
17.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
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17.4 Assignment and Subcontracting. City and Artist recognize and agree that this
Agreement contemplates personal performance by Artist and is based upon a determination of
Artist’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Artist. Artist may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator. Artist shall not
subcontract any portion of the performance contemplated and provided for herein, other than to
the subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
17.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Artist shall survive the
termination of this Agreement.
17.6 Options upon Breach by Artist. If Artist materially breaches any of the terms of
this Agreement, City’s remedies shall include, but not be limited to, the following:
17.6.1 Immediately terminate the Agreement;
17.6.2 Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Artist pursuant to this Agreement;
17.6.3 Retain a different Artist to complete the work described in Exhibit A not
finished by Artist; or
17.6.4 Charge Artist the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Artist pursuant to Section 2 if Artist had completed the work.
18. KEEPING AND STATUS OF RECORDS
18.1 City Access to Work; Inspection of Work and Work. City shall have the
reasonable right to, at its sole expense, inspect the Work, including the Work, at the fabrication
Site during any phase of the project at any time. In the event that all or part of the Work is
created in a location other than the Site, the City shall have the right to inspect the Work,
including the Work, at any phase of the project following forty-eight (48) hours written notice
from the City to the Artist. The Artist shall be responsible for facilitating City’s prompt access to
Artist’s property or the property of the Artist’s subcontractors where the Work or portions of the
Work are being fabricated or installed.
18.2 Status Reports. Artist shall submit written reports regarding the status of the
Work, including the Work, as may be reasonably requested by the City. The City shall determine
the format for the content of such reports. The timely submission of all reports is a necessary and
material term and condition of this Agreement. The reports, including any copies, shall be
submitted on recycled paper and printed on double-sided pages to the maximum extent possible.
18.3 Artist Availability. Artist or Artist’s authorized agent shall be available at Artist’s
sole expense for up to two (2) visits to Dublin to ensure the proper installation and operation of
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the Work. During each visit to Dublin, unless otherwise agreed upon by the City, the Artist’s
visit shall last for at least a full eight (8) hour day.
18.4 Records Created as Part of Artist’s Performance. With the exception of model
submitted with initial proposal, all reports, data, maps, models, charts, studies, surveys,
photographs, memoranda, plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Artist prepares or obtains pursuant to this
Agreement and that relate to the matters covered hereunder shall be the property of the City.
Artist hereby agrees to deliver those documents to the City upon termination of the Agreement.
It is understood and agreed that the documents and other materials, including but not limited to
those described above, prepared pursuant to this Agreement are prepared specifically for the City
and are not necessarily suitable for any future or other use. City and Artist agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential and
will not be released to third parties without prior written consent of both parties. It is also agreed
that proposal model remains property of the Artist and will be returned to Artist after the finished
sculpture is installed.
18.5 Artist’s Books and Records. Artist shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Agreement for a minimum of three (3) years, or for any longer period required by law, from the
date of final payment to the Artist to this Agreement.
18.6 Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Artist to maintain shall be made available for inspection, audit, and/or
copying at any time during regular business hours, upon oral or written request of the City.
Under California Government Code Section 8546.7, if the amount of public funds expended
under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as part of
any audit of the City, for a period of three (3) years after final payment under the Agreement.
19. MISCELLANEOUS PROVISIONS
19.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to
which that party may be entitled. The court may set such fees in the same action or in a separate
action brought for that purpose.
19.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the state
courts of California in the County of Alameda.
19.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of any other provision of this Agreement.
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19.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
19.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
19.6 Use of Recycled Products. Artist shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or less
cost than virgin paper.
19.7 Conflict of Interest. Artist may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place Artist
in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at
California Government Code Section 81000 et seq.
Artist shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this Agreement
that would violate California Government Code Sections 1090 et seq.
Artist hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Artist was an employee, agent,
appointee, or official of the City in the previous twelve (12) months, Artist warrants that it did
not participate in any manner in the forming of this Agreement. Artist understands that, if this
Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is
void and Artist will not be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Artist will be required to reimburse the
City for any sums paid to the Artist. Artist understands that, in addition to the foregoing, it may
be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable,
will be disqualified from holding public office in the State of California.
19.8 Solicitation. Artist agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
19.9 Contract Administration. This Agreement shall be administered by the City
Manager or his/her designee ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
19.10 Notices. Any written notice to Artist shall be sent to:
Name:
Address
City, State, ZIP
Phone:
Email:
Website:
Attachment 1Attachment 1
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Public Art Agreement
Any written notice to City shall be sent to:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6645
19.11 Professional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design specifications, and each
page of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design responsibility," as in the following
example.
_________________________________________
Seal and Signature of Registered Professional with report/design responsibility.
19.12 Integration. This Agreement, including the proposal, scope of work, and payment
schedule attached hereto and incorporated herein as Exhibits A, B and C, represents the entire
and integrated agreement between City and Artist and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY: ARTIST:
By: By:
Name: Linda Smith Name: (insert name)
Title: City Manager
ATTEST:
By:
Name: Marsha Moore
Title: City Clerk
APPROVED AS TO FORM:
By:
Name:
Title:
John Bakker
City Attorney
Attachment 1Attachment 1
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Public Art Agreement
EXHIBIT A
Artist Proposal
Attachment 1Attachment 1
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Public Art Agreement
EXHIBIT B
Scope of Work
Attachment 1Attachment 1
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Public Art Agreement
EXHIBIT C
Payment Schedule
5408513.5
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Page |1
Public Art – Proposal Instructions
Dublin Library/Civic Center - Mural Project
You have been selected as one of five finalists invited to submit a site-specific design proposal
for a Permanent Public Art Mural to be commissioned in Dublin, California.
The City anticipates commissioning a permanent mural on a generator enclosure adjacent to the
Dublin Public Library at Dublin Civic Center (200 Civic Plaza, Dublin, CA 94568). Alameda County
operates the Dublin Public Library, which is consistently one of the busiest libraries in its network.
Additionally, the location is situated in a shared parking lot adjacent to Dublin City Hall and
provides overflow parking for the Dublin Sports Grounds. It is located adjacent to a regional trail
access point, and a number of City events take place at the site.
Following a project review with City Staff, Library Staff, Artwork Selection Committee, and the
City’s Heritage and Cultural Arts Commission, the following project information was developed.
This is not intended to be prescriptive, but rather as a broad outline of project goals and
considerations. It is recommended that artists carefully consider the site and surroundings,
Dublin’s existing public art collection, and Dublin’s highly diverse demographics. Additionally,
the design theme “Our Story Begins with Imagination” was developed for this project.
Community Representation:
•Emphasize the intersection of growth and community while ensuring representation of
cultural diversity and generational change as well as the community’s unique character.
•Design elements that convey the idea of growth, imagination, and a collective journey
honoring past and future generations.
•A welcoming, family-friendly space for diverse groups, particularly teens and young
adults that encourages learning, reflection, and inclusiveness.
•Recognize and honor Dublin’s historic, cultural, and natural resources, including trails
and wildlife, making connections to the community’s identity.
Visual Style, Symbolism, Iconography:
•Aesthetic Balance. Utilize colorful elements but with a controlled vibrancy to create a
balanced, dynamic visual effect.
•Avoid reliance on literal imagery of bookshelves and traffic control symbols.
•Be cautious with symbols, using them sparingly and meaningfully to avoid confusion or
unintended associations.
•Include elements that engage viewers in multiple ways, encouraging them to interpret
the artwork from different perspectives.
•Inspire imagination, wisdom, and knowledge through a design that connects with the
local library and government offices.
•Use visual elements that provoke thought and stimulate conversation about community
identity and history.
•Utilize a thematic approach that is both bold and refined.
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Public Art – Proposal Instructions - Dublin Library/Civic Center - Mural Project – June 2025
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The Art Selection Committee, which chooses finalists, will review and rank proposals based on
information outlined above and in the City of Dublin Public Art Master Plan. The Art Selection
Committee includes representatives from the City’s Heritage and Cultural Arts Commission,
local arts organizations, local artists and art professionals, and community members.
The following materials may be helpful:
• City of Dublin Public Art Master Plan
• City of Dublin Public Art Website and Collection
The total mural size is estimated at approximately 950 square feet. The CMU wall enclosure has
been prepped with a block filler and primer. It is anticipated that the mural will cover the entire
generator enclosure, except for the entrance door. There will be not be any lighting/electrical
associated with this specific project.
To continue to be considered, you are being asked to develop a site-specific design proposal for
the project. Artists who submit a complete proposal and make a presentation to the Artwork
Selection Committee will be paid a $1,000 stipend. Site-specific design proposals should
include:
WRITTEN MATERIALS:
1. Proposal Narrative
Please provide the following:
• Artist’s Statement describing the inspiration, meanings, symbolism, and/or historical context
for the piece. (1 page max)
• Proposed materials
• Proposed muralist(s)
• Recommended installation procedure, including any special equipment required
• Recommended annual and sporadic maintenance
• How/if the public is encouraged to interact with the artwork
• How/if the public is prohibited from interacting with the artwork, including safety measures
• How/if the public will be able to participate in the development/creation of the artwork
2. Timeline
Please provide a timeline for installation. It is anticipated that a contract will be executed in
January 2026. The desired installation is Spring/Summer 2026.
3. Budget
Please provide an itemized budget. The project budget is estimated to be $25,000-$40,000.
Artist budgets must cover everything you will need to design, fabricate, and install the work.
Your itemized list could include:
• Artist fee and any studio assistants
• Field coordination
• Additional renderings, CAD drawings, and models
• Materials and supplies, including prep materials
• Hardware and fabrication
• Transportation of artwork and artwork installation
• Equipment rental
• Interpretive or identification plaque, directional signage
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Public Art – Proposal Instructions - Dublin Library/Civic Center - Mural Project – June 2025
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• Administrative expenses directly related to this project: insurance, permits or certifications,
additional studio space
• Artist travel to Dublin. Indicate the number of visits proposed, purpose, and duration
• Supplies for community outreach activities and project contingency
Portions of this project could be subject to requirements set forth by the Department of Industrial
Relations, State Licensing Board, OSHA, or other regulatory agencies. Artists are expected to maintain
compliance with any and all regulatory requirements required. In addition, the selected artists will be
required to obtain a City of Dublin business license and provide insurance as originally outlined in the
project RFQ.
VISUALS:
1. Rendering and/or Model
Please provide any combination of the following:
• Illustrations showing both day and nighttime views
• Computer Model (3-D)
• Traditional Model/Maquette
• Material Samples
PROJECT CONTACT:
Shaun Chilkotowsky
Parks and Community Services Manager – City of Dublin
100 Civic Plaza
Dublin, CA 94568
Office: (925) 556-4565 Email: Shaun.Chilkotowsky@Dublin.CA.Gov
TIMELINE/IMPORTANT DATES:
Wednesday, August 13, 2025 PROPOSAL DEADLINE – All proposal materials must be submitted by
4:00 p.m. Proposals must be submitted electronically to
shaun.chilkotowsky@dublin.ca.gov. Links to shared drives and drop
boxes are acceptable. Any physical materials that are part of the
proposal must be delivered to 100 Civic Plaza, Dublin, CA 94568.
Wednesday, August 20, 2025 ARTWORK SELECTION COMMITTEE PRESENTATION – Selection
Committee Review, 6:00-9:00 p.m. All artists will make a 10-minute
presentation in person or via Zoom and be prepared to answer
questions.
DATE – TBD (Fall 2025) PUBLIC COMMENT PERIOD – It is anticipated that proposals from 2-3
finalists selected by the Artwork Selection Committee will be shared
publicly for a defined public comment period.
DATE – TBD (Fall 2025) SAVE THE DATE – Meeting of Heritage and Cultural Arts Commission,
7:00p.m. Invited finalists will make a 10-minute presentation in person.
Travel costs will be paid by the City of Dublin as needed.
DATE – TBD (Winer 2025) SAVE THE DATE – City Council Meeting to review final proposal
recommended by the Commissions, 7 p.m. Attendance is TBD, and more
information will be provided to finalists at this stage in the process.
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ATTACHMENT 1
Site Location & Dimensions
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QUALIFICATIONS COVERSHEET
Pre-Qualified List of Muralists for Future Projects
Qualifications will not be accepted after March 26, 2025, 4:00 PM. Artist: ________ J_o_sh_ u_a_L_a_wy ___ e_r_o _f_R_ou_g __ h _E_d _g __ e_C_o_l_le_c _ti_ve _________ _Address=-�------------------City: Santa Rosa State: =C=A�---Zip: 95407Phone:�·������---------SocialSignature of Artist: .....,,...,.,..,..._ __________ W_e_b_s _i _te _:_h _ttp_s:_l l_www_ .rough edg ecoll ec tive.com/Date: 03/25/25 A sample of the City's Standard Public Art Agreement (Agreement), including insurancerequirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurancerequirements, the interested firm shall clearly identify proposed changes to theAgreement and furnish the reason for these changes, which shall be included in thequalification. Exceptions will be taken into consideration in evaluating responses.Otherwise, the interested firm shall confirm below that the Agreement and insurancerequirements are acceptable. Exceptions will not be considered if not included in thesubmitted response. Please initial confirming you have read the City's Standard Agreement: •I have read the City's Standard Agreement template and confirm my ability to meetrequirements therein. Initials: JL Date: 03/-'-2"-'5/_2..;;_5 _____ _•I have read the City's Standard Agreement template and would like to request changes for consideration. Initials L Dat_e---':0'--"3-'-'/2=5'-'-/=-25"--------(requested changes for consideration must be included with submittal materials) Special Note for Artist T earns: If multiple artists are applying as a team, please provide this coversheet and resume foreach member of the team, and clearly designate one artist as the primary contact. Teamsthat do not have 12 images of past work done together may round out the images withthe work of individual team members. Page 5 of 5
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