HomeMy WebLinkAbout12-09-2021 HCAC Regular MeetingDecember 09, 2021 Heritage and Cultural Arts Commission Agenda 1
Regular Meeting of the
DUBLIN HERITAGE AND CULTURAL ARTS
COMMISSION
Thursday, December 9, 2021 Location: Council Chambers
Civic Center
100 Civic Plaza
Dublin, CA 94568 Regular Meeting 7:00 PM
This meeting will be held in person for the public, and all members of the Heritage and
Cultural Arts Commission will be participating in person from the Council Chamber at the
Civic Center, 100 Civic Plaza, Dublin, California. Pursuant to Alameda County Health Officer
Order No. 21-03, members of the public attending the meeting must wear a face covering over
the nose and mouth at all times while indoors.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ORAL COMMUNICATIONS
2.1 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).
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
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December 09, 2021 Heritage and Cultural Arts Commission Agenda 2
like an item removed from the Consent Calendar for purposes of public input may
request the Chair to remove the item.
3.1 Approval of the November 10, 2021 Heritage and Cultural Arts Commission
Special Meeting Minutes
The Commission will consider approval of the minutes of the November 10, 2021
Heritage and Cultural Arts Commission Special Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the November 10, 2021 Heritage and Cultural Arts
Commission Special Meeting.
Staff Report Attachment 1 - November 10 2021 Heritage and Cultural Arts Commission Special
Meeting Minutes
4. UNFINISHED BUSINESS
5. NEW BUSINESS
5.1 Heritage Park Monument Art Selection The Heritage and Cultural Arts Commission will consider public art design proposals
and site placement and make a recommendation to the City Council for a
monumental piece of art for Heritage Park.
STAFF RECOMMENDATION:
Consider the proposals and recommend one public art design proposal, with
preferred site placement, to the City Council for approval.
Staff Report
Attachment 1 - Request for Qualified Artists
Attachment 2 - Design Proposals from Adan Romo, Brian Keith, and Jane
DeDecker
Attachment 3 - Art Location Options
Attachment 4 - Art Conservator's Assessments
5.2 Heritage Park Artistic Park Features Art Selection The Heritage and Cultural Arts Commission will consider a public art design
proposal and a recommendation to the City Council for a public art piece to be
installed at Heritage Park.
STAFF RECOMMENDATION:
Consider the design proposal by artist Adan Romo and make a recommendation
to the City Council for final approval.
Staff Report
Attachment 1 - Request for Qualified Artists - Park Features
Attachment 2 - Design Proposals from Adan Romo and James Dinh
Attachment 3 - Art Conservator's Assessment
6. OTHER BUSINESS
Brief information only reports from Commissioners and/or Staff, including committee reports
and reports by Commissioners related to meetings attended at City expense (AB1234).
7. ADJOURNMENT
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December 09, 2021 Heritage and Cultural Arts Commission Agenda 3
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in
appropriate alternative formats to persons with a disability, as required by Sect ion 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and
regulations adopted in implementation thereof. 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.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment,
fosters new opportunities, provides equity across all programs, and champions a culture of diversity and
inclusion.
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STAFF REPORT
Heritage and Cultural Arts Commission
Page 1 of 1
Agenda Item 3.1
DATE:December 9, 2021
TO:Honorable Chair and Commission Members
FROM:La Shawn Butler, Parks & Community Services Director
SUBJECT:Approval of the November 10, 2021 Heritage and Cultural Arts Commission
Special Meeting Minutes
Prepared by: Robert Stone, Senior Office Assistant
EXECUTIVE SUMMARY:
The Commission will consider approval of the minutes of the November 10, 2021 Heritage and
Cultural Arts Commission Special Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the November 10, 2021 Heritage and Cultural Arts Special Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Commission will consider approval of the minutes of the November 10, 2021 Heritage and
Cultural Arts Commission Special Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted.
ATTACHMENTS:
1) November 10, 2021 Heritage and Cultural Arts Commission Special Meeting Minutes
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Attachment 1
MINUTES NOVEMBER 10, 2021 SPECIAL
MEETING
Heritage and Cultural Arts Commission
Page 1 of 1
A Special Meeting of the Heritage and Cultural Arts Commission was held on Wednesday,
November 10, 2021, in the Council Chamber at the Civic Center. The meeting was called to
order at 7:02 PM, by Vice-Chairperson Shweta Agrawal.
1. Call to Order and Pledge of Allegiance
Attendee Name Title Status
Gina Gabriell Commission Chair Absent
Shweta Agrawal Commission Vice Chair Present
Robert Bennett Commission Member Present
Steve Minniear Commission Member Present
Kathy Blackburn Commission Member Present
Margaret Liang Commission Member Present
Julia Tomtania Commission Member Absent
Eileen Liu Alternate Member Present
2. Oral Communications – None.
3. Consent Calendar
3.1.Approval of the September 9, 2021 Heritage and Cultural Arts Commission
Regular Meeting Minutes
3.2 Tri-Annual Parks and Community Services Department Report for May –
August 2021
The Commission approved the Consent Calendar
RESULTS:APPROVED
MOVED BY:Steve Minniear, Commission Member
SECOND:Kathy Blackburn, Commission Member
AYES:Agrawal, Bennett, Minniear, Blackburn, Liang, Liu
ABSENT:Gabriell, Tomtania
4. Unfinished Business
4.1 Review of Draft Cultural Arts Center Business Plan
La Shawn Butler, Parks and Community Services Director, presented the specifics of the
item as outlined in the Staff Report.
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The Commission discussed the item and made comments for Staff consideration. Staff will
incorporate the comments and bring the item back for consideration in January.
4.2 Temporary Public Art Program
Shaun Chilkotowsky, Heritage and Cultural Arts Manager presented the specifics of the
item as outlined in the Staff Report.
The Commission discussed the item.
5. New Business – None.
6. Other Business
Commissioners gave updates on various projects.
7. Adjournment
Being no further business, the meeting was adjourned byVice-Chairperson Shweta Agrawal
at 8:48 PM.
Minutes prepared by Senior Office Assistant, Robert Stone
_____________________________________
Chairperson
Heritage and Cultural Arts Commission
ATTEST:
_______________________________
La Shawn Butler
Parks and Community Services Director
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STAFF REPORT
Heritage and Cultural Arts Commission
Page 1 of 2
Agenda Item 5.1
DATE:December 9, 2021
TO:Honorable Chair and Committee Members
FROM:La Shawn Butler, Parks & Community Services Director
SUBJECT:Heritage Park Monument Art Selection Prepared by:Tyler Phillips,Heritage and Cultural Arts Supervisor
EXECUTIVE SUMMARY:The Heritage and Cultural Arts Commission will consider public art design proposals and site placement and make a recommendation to the City Council for a monumental piece of art for Heritage Park.
STAFF RECOMMENDATION:Consider the proposals and recommend one public art design proposal, with preferred site placement, to the City Council for approval.
FINANCIAL IMPACT:This project is funded in the Fiscal Year 2020-2025 Capital Improvement Program (Project PK0222). The budget for this public art piece is $275,000. The Public Art Fund is the funding source, and no General Fund dollars are being expended on this project.
DESCRIPTION: On June 1, 2021, the City Council approved the 2020-2025 Five-Year Capital Improvement Program Update which included public art to be installed at Heritage Park. The City anticipates installing a monumental sculpture at the northeast corner of Heritage Park (Donlon Way and Dublin Blvd.). Alternative locations may be considered during the selection/design process. This project falls within the goals and guidelines of the City’s Public Art Master Plan including an emphasis on highly visible artwork along major thoroughfares. This monumental sculpture is anticipated to be visible along Dublin Boulevard, the main east-west thoroughfare in Dublin.On June 21, 2021, Staff issued a Request for Qualifications (RFQ) seeking qualified artists(Attachment 1). Interested artists submitted a portfolio and resume to be considered for
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invitation to develop a site-specific design proposal for a monumental piece of art for Heritage Park. The deadline for the RFQ was July 23, 2021. The City received 18 responses from qualified artists. On August 26, 2021, an ad-hoc art selection committee met to review the 18 portfolios and resumes. The committee selected five artists and invited them to provide a site-specific design proposal for this project. The ad-hoc selection committee reconvened on October 28, 2021 to review the five site-specific design proposals. After deliberations the ad-hoc committee selected three proposals for consideration. These proposals were from artists Adan Romo, Brian Keith, and Jane DeDecker. The full proposal from each artist is included as Attachment 2. The Commission is being asked to review the three site-specific design proposals, preferred site placement, and make a recommendation to the City Council for consideration. The art placement locations for consideration are shown in Attachment 3 and include a prominent location on the corner of Dublin Blvd. and Donlon Way. An additional location to consider is slightly south of Dublin Blvd., along Donlon Way adjacent to a pathway leading to the Kolb House. As is Dublin’s practice, the proposals were reviewed by the City’s contract art conservator and City Staff. The artwork from all three artists is expected to be successful upon installation, of the utmost permanence, and maintained utilizing traditional art conservation methods. The full assessments from the City’s contract art conservator are included as Attachment 4.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:None.
ATTACHMENTS:1) Request for Qualified Artists2) Design Proposals from Adan Romo, Brian Keith, and Jane DeDecker3) Art Location Options4) Art Conservator’s Assessments
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REQUEST FOR QUALIFICATIONS
Public Art – Monumental Sculpture
Heritage Park & Museums
RFQ ISSUE DATE: June 21, 2021
RFQ DEADLINE: July 23, 2021, 4:00 p.m. PST
The City of Dublin invites artists with experience creating monumental sculptures to submit
qualifications for an upcoming, large-scale, public art project to be installed at the City of
Dublin’s Heritage Park and Museums. From this list of qualified artists, the City will invite up to
five artists to submit project specific proposals.
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, and
is 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, mostly outdoor sculptures,
murals and tile works acquired or commissioned in the last 20 years.
The City recently updated its Public Art Master Plan. The new plan emphasizes highly visible
artwork along major thoroughfares. This monumental sculpture project is anticipated to be
along Dublin Boulevard, the main east-west thoroughfare in Dublin.
MONUMENTAL SCULPTURE OPPORTUNITY
Heritage Park
The City anticipates installing a monumental sculpture at the northeast corner of Heritage Park
(Donlon Way and Dublin Blvd.). Alternative locations may be considered during the
selection/design process, but it is anticipated the location will be highly visible along Dublin
Blvd., which is a main thoroughfare through Dublin. Artwork selection is anticipated to take
place in Fall 2021, with installation complete in 2022.
Heritage Park is located at what is considered the Crossroads of the Bay Area and is a
reflection of Dublin’s pioneering families, heritage, and location history. Heritage Park is an
active historic park site comprising the Pioneer Cemetery, Old St. Raymond’s Church, Murray
Schoolhouse & Museum, Kolb House, and others that tell the story of Dublin, and the Tri-
Valleys, unique past. The art budget for the Heritage Park monumental sculpture is expected to
be approximately $275,000 and will be awarded to a single artist. This budget is intended to be
inclusive of all costs including engineering, site preparation, fabrication, and installation.
Attachment 1
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ART SELECTION PROCESS
Staff Review
City Staff, including the Heritage and Cultural Arts Division, Public Works staff 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 qualifications of up to 20 qualified artists. The Project Selection
Committee narrows the list to no more than five artists to be invited to present a proposal for
the project. Artists are invited for a site visit and meeting with Staff to ensure an understanding
of the scope of the project 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 concept in detail, material samples, renderings
and maquette. 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 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 or not 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 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.
Attachment 1
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RFQ SPECIFICATIONS
Artist qualifications shall be submitted in written and electronic form. Provide one printed copy,
in color, complete with all attachments, and one electronic copy (.pdf). For any photographs,
please also provide a separate electronic version (.jpeg preferred). The packet should include:
a. Completed Coversheet: Use 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 a
commissioned work, indicate the commissioning organization and a brief description of
the project.
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: Submit one printed copy of qualifications and one
electronic copy. For printed materials, please use only paperclips. No binding, plastic covers or
folders. Packages containing the proposal and any related material shall be plainly marked on
the outside in the following manner: “Dublin Public Art – Heritage Park Monumental
Sculpture.” Package deliveries are accepted Monday-Friday, 8:00 a.m. to 5:00 p.m.
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,
Heritage and Cultural Arts Manager by Friday, July 23, 2021, 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 on a thumb drive. Thumb drives will not be
returned.
Attachment 1
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RETURN YOUR QUALIFICATIONS AND SIGNED QUALIFICATION
COVERSHEET TO:
Mail: Shaun Chilkotowsky, Heritage and Cultural Arts Manager
City of Dublin
Parks and Community Services
100 Civic Plaza
Dublin, CA 94568
Phone: (925) 556-4565
Email: shaun.chilkotowsky@dublin.ca.gov
Attachment 1
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QUALIFICATIONS COVERSHEET:
Public Art – Monumental Sculpture
Qualifications will not be accepted after Friday, July 23, 2021, 4:00 PM.
Artist: ____________________________________________________________
Address: _______________________________________________________________
City: __________________________________ State: ___________ Zip: ____________
Phone: _________________________________ Fax: __________________________
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 ability to meet requirements therein. ______
I have read the City’s standard Agreement template and have attached any changes requested. ______
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.
Attachment 1
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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
Section 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.
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, immediat ely upon
receiving notice from City of such desire of City, reassign such person or persons.
Attachment AAttachment 1
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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.
Section 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 Article 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.
Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $________ as specified 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 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 Agreem ent 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.
Attachment AAttachment 1
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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:
▪ Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ 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.
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.
Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its 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.
Section 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 res ponsible
for designing the artwork, as described in Exhibit A, so that it can be constructed without exceeding
the approved overall budget for the artwork of $_______. The Artist shall, without additional
compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.
Attachment AAttachment 1
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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.
Section 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.
6.2 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 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 Artwork 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 Artwork 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:
<<Insert Name>>
<<Insert Address>>
<<Insert City, State, Zip Code>>
<<Insert Phone>>
<<Insert email>>
Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. 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.
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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 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 Artwork 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.
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public
Art Collection.
Section 8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Artwork 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
Artwork. Artist may create works that utilize or incorporate various individual art elements that
comprise the Artwork, 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 Artwork, and (3) is not displayed in an environment that is
the same or substantially similar to the environment in which the Artwork is to be displayed at the
site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and that
Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further represents
that the Artwork 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 Artwork or any parts of the
Artwork.
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
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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:
8.6.1 Occasional or minimal cleaning and repair of the Artwork 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.
Section 9. MAINTENANCE OF ARTWORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing
maintenance of the Artwork.
9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, 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 Artwork and associated
moving parts or equipment including any staff time involved in displaying or operating artwork and
the frequency of such staff involvement; and written instructions and manufacturer’s specifications
for reasonably foreseeable maintenance and preservation activities relating to the Artwork.
9.3 The Artwork 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 Artwork to any particular standard. City may determine
to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed
appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If
the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove the
Artwork from display as a result of deterioration, whether to replace any portion of the Artwork or
translate any component into new media, or whether to maintain the Artwork on display despite its
deteriorated condition.
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9.5 The anticipated life span of the Artwork 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 Artwork 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 Artwork. If the City determines that, through decay, vandalism or other forces, the
Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the
Artwork to Artist free of charge and in writing.
Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain the
Artwork 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 the building’s
architecture or landscaped environment and removal of the artwork would result in significant
changes to the artwork 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 Artwork in City’s sole judgment. For example, City may alter the Artwork to
eliminate hazard, to comply with the ADA, 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 Artwork at an alternate location that City
chooses in its sole discretion. If the Artwork is free-standing such that it can be removed without
significant damage to the Artwork or the Site, and if the City authorizes the removal of the Artwork,
the City shall take reasonable precautions to minimize alteration of the Artwork during removal.
10.2 With respect to the Artwork 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 Cal ifornia 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 Artwork is incorporated
into a building such that the Artwork cannot be removed from the building without alteration of the
Artwork, Artist waives any and all such claims against any future owners of the site, and its agents,
officers and employees, for alteration of the Artwork.
10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork,
other than routine cleaning and maintenance, the following procedures shall apply:
10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist at
least 20 calendar days prior to authorizing any alteration of the Artwork, 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 Artwork – for example, in cases of public hazard, accident
or unauthorized alteration – City shall notify Artist within 30 calendar days after such
alteration.
10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine whether
the Artwork can be restored or relocated, and to attempt to come to a mutually agreeable
plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless
otherwise specifically agreed in writing. If City intends to remove the Artwork, Artist shall
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consult regarding methods to minimize or repair any Alteration to the Artwork caused by
such removal and the potential costs of such removal.
10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends
to maintain the Artwork on display, City shall make a reasonable good faith effort to engage
Artist in the restoration of the Artwork 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 Artwork to its
original condition, to compensate Artist for any restoration work, or to maintain the Artwork
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 Artwork without Artist’s consent.
10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or
significantly alter the Artwork, such as destruction of all or part of the site, and City
determines that it will not remove the Artwork itself, City shall allow Artist to remove the
Artwork at Artist’s expense within 60 days of notice from the City of the need to remove the
Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork within
that 60 day period, City may alter the Artwork in any manner, including destroying it, in City’s
sole discretion.
10.3.5 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
Artwork if that remains possible. If City alters the Artwork without providing Artist a required
prior notice of alteration, Artist shall be given the first right of r efusal to restore the Artwork
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 Artwork at Artist’s
expense. If Artist elects not to restore the Artwork, City may retain another artist or
conservator to restore it, or may Alter the Artwork in any manner, at City’s sole discretion.
10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation,
Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code
§987(d) and 17 U.S.C. §106A(a)(2).
10.5 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 Artwork, 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, 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 Artwork 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 Artwork. However, as owner of the Artwork, City may pursue claims
against third parties for damages or to restore the Artwork if the Artwork has been altered without
City’s authorization.
Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
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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.
11.2 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 Artwork, 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 Artwork. 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. 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 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 Artwork 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 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 Artwork 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 Artwork.
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11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade
dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such
trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the
Artwork is not itemized separately from the value of the real property, the parties agree that the resale
price of the Artwork 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 Artwork 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 Artwork.
11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be
retained by the Artist. The City shall have no right to implement the proposed artwork, 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.
Section 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 Artwork. 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 Artwork shall be borne solely by Artist until Final
Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or
damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after
completion so that the City can approve the Artwork 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.
Section 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 t o 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 Workers’ Compensation
13.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers’
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Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
13.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
13.2 Commercial General and Automobile Liability Insurance.
13.2.1 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.
13.2.2 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.
13.2.3 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
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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 14 days of notification from Artist’s
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
13.3 All Policies Requirements.
13.3.1 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.
13.3.2 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.
13.3.3 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.
13.3.4 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.
13.3.5 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
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losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
13.3.6 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 days after
Artist is notified of the change in coverage.
13.4 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:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
▪ 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
▪ Terminate this Agreement.
Section 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 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 shall have been
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.
Section 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
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Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph 1.3; however, 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 No 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.
Section 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, sex, gender, religion (including religious dress and grooming practices), national
origin, ancestry, physical or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information,
gender identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”),
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 Consultant under
this Agreement.
Attachment AAttachment 1
27
Artist shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
[16.6 Prevailing Wage. Check with City Attorney’s Office regarding obligation, if any, to pay prevailing
wage.]
Section 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.
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;
Attachment AAttachment 1
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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.
Section 18. KEEPING AND STATUS OF RECORDS.
18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right to,
at its sole expense, inspect the Work, including the Artwork, 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 Artwork, at any phase of the
project following 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
Artwork, 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 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each
visit to Dublin, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full
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
Attachment AAttachment 1
29
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.
Section 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.
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 Cali fornia 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 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.
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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:
<<Insert name>>
<<Insert Address>>
<<Insert City, State Zip>>
<<Insert Phone>>
<<Insert email>>
<<Insert website>>
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.
SIGNATURES ON FOLLOWING PAGE
Attachment AAttachment 1
31
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN ARTIST
____________________________ ______________________________
City Manager <<Insert Name>>, Artist
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2559640.1
Attachment AAttachment 1
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Heritage Park Public Art (PK0222) - Monumental Art Sculpture
Site Specific Design Proposal by Artist Adan Romo
Attachment 2
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The Heritage Park site represents a special place where people from all over the world, from
different backgrounds and traditions, gathered at various points during this land’s history to
gather, work, raise families and build the community that thrives today in the City of Dublin.
This rich history is difficult to represent and celebrate in one singular piece. Here at Romo
Studios we took on this challange by proposing to make a 15 tall sculpture that can be scene
from crossing traffic as well as visitors gathered in the park.
The sculpture has two sides - one facing the intersection of Dublin Blvd and Donlon Way and
the other facing squarely into the park. The side facing the intersection celebrates the settlers
who came after the Native American tribes who were originally here. The overall shape of the
sculpture are intersecting circles which celebrate the variety of people who intersected here at
this exact point - the crossroads - here in Dublin over the last hundred plus years. The circles
will be fashioned in bronze and securely installed into an engineered concrete base. The
central bronze figures will depict young school children, a young woman, a young man and in
the background the Murray school and farmland being tilled. The man represents the many
men who came here - famous and not so famous - from all over the world to contribute to the
building of the city. The single bronze figure of a woman represents all those women who
contributed to the city but whose names have been forgotten. The image of the small Murray
school celebrates the educators and children - past and present - who through education have
contributed to the city’s growth and success. And finally the farmland being tilled in the
distance represents all the farmers in the region who have labored to feed a growing city.
Above the figures are smaller circles which will have mosaics made from Venetian glass that
will depict wo of many major industries that existed here at this site - a blacksmith shop and a
wheel wagon fabrication shop. Needless to say these two crafts contributed to the growth of
the city of Dublin as it emerged from a being a small town to a thriving city.
On the side facing the park is the artwork celebrating the first community’s here in Dublin. The
Native American tribes of the Seunen, Souyen and the Pelnen all were and are still
communities in the Dublin area. Like the European settlers side, the overall shape of the
sculpture are intersecting circle which celebrate the variety of tribes who intersected here at
this exact point in Dublin. The central figures represent four generations of Native American
women all taking part in the art of basket making. The most elder of the four figures, to the
right, is focused on the art of weaving a basket. The central figure, second oldest, reaches into
the sky and into branches of an oak tree, represented with Venetian mosaic glass, and pulls
down fresh acorns. The young woman figure to the left and the central child are busy picking
up fallen acorns and placing them into the baskets. Behind the figures is a fluid form etched in
the circular bronze panel that represents the creek and waterways that once existed here in
Dublin where local tribes would gather fish, food, acorns and plants for making baskets.
Above the mosaic sky and oak branches is a Ohlone basket depicted in Venetian glass.
Traditionally glass beads made in Venice was shipped by the Chinese, purchased by Russians
who in turn traded them to Native Americans in California. Tribes throughout California used
these beads to decorate baskets, belts, bottles and clothing. It is fitting that we use this same
material in our proposed concept to celebrate the Native tribes of Dublin.
Attachment 2
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MAINTANENCE -
Both the bronze figures and panels and mosaic artwork will need little to no maintenance -
aside from cleaning every 2 years.
FABRICATION + INSTALLATION -
Fabrication and installation of the artwork will be completed by
Artworks Foundry
729 Heinz Ave #10
Berkeley, CA 94710
(510) 644-2735
Tipping Structural Engineers
1906 Shattuck Ave
Berkeley, CA 94704
(510) 549-1906
The whole sculpture will delivered by large truck and using a crane will be anchored into a
reinforced concrete base that will be faced with stone similar to other design elements in
Heritage Park.
Attachment 2
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CITY OF DUBLIN
HERITAGE PARK
MONUMENTAL PUBLIC ART
PROPOSAL
Attachment 2
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CELEBRATING DUBLIN’S EUROPEAN SETTLERS
Attachment 2
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MOSAICS USING VENETIAN GLASS PIECES
THESE MOSAICS CELEBRATE THE
INDUSTRIES THAT TOOK PLACE AT THE
SITE OF HERITAGE PARK - A BLACKSMITH SHOP AND
WAGON WHELL FABRICATION -
BOTH PAID A VITAL ROLL IN HELPING BUILD THE CITY.
.
MURRAY SCHOOL HOUSE
HELPED EDUCATED GENERATIONS
OF EARLY CITIZENS OF DUBLIN AND
WAS A FOUNDATION FOR HELPING
BUILD THE CIOTY.
EDUCATOR AND CHILDREN
COMING FROM MURRAY SCHOOL.
THE CHILDREN REPRESENT BOTH
THE PAST CITIZENS OF DUBLIN WHO
CONTRIBUTED TO THE CIOTY AND PRESENT
DAY CHILDREN WHO WILL DETERMINE ITS
FUTURE.
GOLD PAN REPRESENTS
THE AREAS HISTORY
OF PROVIDING HOUSING
AND SUPPLIES FOR GOLD MINERS
AS WELL AS JOSE AMADOR,
MICHAEL MURRAY, JEREMIAH FALLON
AND JAMES DOUGHERTY.
FARM FIELDS
BEING PLOWED,
CELEBRATING THE
ACRES OF FARMLAND
THAT MADE UP LARGE
AREAS OF DUBLIN
AND PROVIDED THE
FOOD NECESSARY
FOR A GROWING CITY.
THIS SINGLE BRONZE FIGURE OF
A MAN REPRESENTS ALL THOSE
MALE CITIZENS - FAMOUS AND
NOT SO FAMOUS-FROM ALL OVER THE WORLD
WHO CONTRIBUTED TO THE BUILDING
OF THE CITY
THIS SINGLE BRONZE FIGURE OF
A WOMAN REPRESENTS ALL THOSE
FEMALE CITIZENS - FAMOUS AND
NOT SO FAMOUS-FROM ALL OVER THE WORLD
WHO CONTRIBUTED TO THE BUILDING
OF THE CITY
Attachment 2
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22”13 FEET5 FEETBRONZE
MOSAIC USING
VENETIAN GLASS
MOSAIC USING
VENETIAN GLASS
CONCRETE BASE
FACED WITH STONE
Attachment 2
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CONCRETE BASE FACED WITH STONE
TO MATCH THE EXISTING DESIGN ELEMENTS
WITHIN HERITAGE PARK.
Attachment 2
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PROPOSED LOCATION - CORNER OF DUBLIN BLVD. & DONLON WAY
.
Attachment 2
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VIEW DUING THE DAY - EUROPEAN SETTLERS
Attachment 2
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VIEW DUING AT NIGHT - EUROPEAN SETTLERS
Attachment 2
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KIDS CAN PLACE ROCKS FROM
HERITAGE PARK INTO THE BRONZE
GOLD PAN AND PRETEND
THEY ARE AN EARLY SETTLER
PANNING FOR GOLD.
Attachment 2
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CELEBRATING DUBLIN’S EARLY NATIVE SETTLERS
THE SEUNEN, SOUYEN AND PELNEN TRIBES
Attachment 2
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THE SEUNEN, SOUYEN AND PELNEN TRIBES
BASKET WEAVING
THIS BRONZE GROUP OF FIGURES REPRESENTS
THE ART OF BASKET WEAVING - FROM THE CREATION
OF A BASKET , TO ITS USE FOR VARIOUS ACTIVITIES WITHIN NATIVE TRIBES
THREE GENERATIONS ARE DEPICTED HERE - FROM AN ELDERLY WOMAN DOWN TO
A YOUNG CHILD. THE OLDEST TO THE LEFT WEAVES A BASKET. A MOHTER REPRESENTED IN THE CENTER,
REACHES UP TO GRAB ACORNS FROM OAK TREE BRANCHES. THE OTHER YOUNGER WOMEN SQUAT DOWN
TO COLLECT ACORNS INTO BASKETS.
MOSAICS USING VENETIAN GLASS
REPRESENTING THE SKY AND HOVERING OAK
BRANCHES AND A TRADITIONAL OHLONE BASKET
THESE FLIUD FORMS REPRESENT
THE SMALL CREEK AND WATERWAYS
THAT ONCE RESIDED HERE AT HERITAGE
PARK AND WHERE NATIVE TRIBES
COLLECTED FOOD, ACORNS AND PARTICULAR PLANT LIFE
TO WEAVE BASKETS.
Attachment 2
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AN ICONIC PART OF Native American CULTURES ARE GLASS BEADS.
NUMEROUS TYPES ORIGINATED FROM VENICE, SHIPPED TO CHINA
AND TRADED BY RUSSIANS TO Native American TRIBES IN CALIFORNIA.
MY PROPOSAL WILL CELEBRATE THIS TRADITION BY USING VENETIAN
MOSAIC GLASS INTERLACED WITH THE BRONZE FEATURES.
Attachment 2
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Attachment 2
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DAY VIEW OF THE FIRST SETTLERS FROM HERITAGE PARK -
THE SEUNEN, SOUYEN AND PELNEN TRIBES
Attachment 2
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NIGHT VIEW OF THE FIRST SETTLERS FROM HERITAGE PARK -
THE SEUNEN, SOUYEN AND PELNEN TRIBES
Attachment 2
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KIDS CAN PLACE ACORNS FROM THE MANY
OAK TREES FOUND AT HERITAGE PARK
AND PLACE THEM INTO THE BRONZE
WOVEN BASKET - AND BY DOING SO
CONTINUE THE TRADITION OF THE EARLIEST
TRIBES OF COLLECTING ACORNS INTO BASKETS.
Attachment 2
51
Dublin Heritage Park Monumental Sculpture Itemized Budget
Fees & Expenses:
Artist Fees 45,000
Studios Expenses 18,900
Rental Equipment 3,600
Subcontractors 12,800
Travel 1,500
Storage 1,500
Insurance & Professional Fees:
Engineering Fees/CAD Mod 1,800
Artwork Insurance 1,500
General Liability 1,500
Automotive Liability 1,400
Legal Fees 1,500
Photography & Documentation:
Photography of work in progress 500
On-site documentation of work 200.
Fabrication:
Digital Scan\Enlargement 15,000
Molds 14,400
Wax Cast 12,000
Bronze Cast of Figures /Reliefs 58,500
Welding and Patina 9,500
Plaques 1,500
Mosaics 18,800.
\Site Prep - Installation:
Concrete base - stone work 18,000
Lighting + Installation 7,500
Transport Art to Dublin 2,000
Travel Expenses for Install Team. 800
Installation/ Crane 11,400
Contingency:(5%) 13,055
____________
Total $274,155
Attachment 2
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Attachment 2
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Heritage Park Public Art (PK0222) - Monumental Art Sculpture
Site Specific Design Proposal by Artist Brian Keith
Attachment 2
54
Concept Design : Dublin Heritage Crossroads
The use of sculpture has a way of capturing the essence of what a thousand words cannot describe. It can tell a
rare, often unheard tale about an unrecognized life. Public art can also cause the footsteps of a person to slow
down and ponder something of great value and meaning the way nothing else can. In considering the City of
Dublin’s Monument Sculpture for the Heritage Park and Museum, I hope to convey a story of history that captures
the steadfastness and perseverance of the pioneering families of Dublin.
My concept designs were inspired by painters of the pioneer era such as Morgan Weistling. The storytelling of
Norman Rockwell has also influenced my design by helping me to create engaging sculptures that tell a tale
through expression, animated poses, and authentic clothing and time-era tools. In the design that I am submitting,
I hope to have a work of art that engages the community and invites them to experience elements within the
pioneering story of Dublin.
The overall rock-base is placed on a concrete footprint with granite pavers that are measured in an oval of 23 feet
by 17 feet. The location of this artwork is on display near the entry to the park by the sign of the Park and
Museum. I have integrated an oval design that is similar to that of the stage area located near to the bank. This
allows for there to be a continued landscape design element within the park and this artwork. The pavers on the
footprint will be a natural stone color, with an intersecting set of green pavers that depict a set of stagecoach
tracks. Being the actual location of the Crossroads, I felt this was a very important element to include within the
design.
Standing on top of the rock formation are three (115% life-size) figures at different elevations. A young girl(ϲϰ”
tall) is feeding sheep with a large feeding bottle that depicts how younger children had responsibilities and chores
during ranch life. A teenage boy(73” tallͿ has his hands on the plow as he takes a brief rest, looking at the job he
has just finished. The hard work is seen on his expression that he has on his satisfied and happy face. And then a
Blacksmith(ϴϰ” tallͿ holds his hammer above the anvil depicting the way a rancher would need to be strong in his
abilities to forge new tools and improvise ways of reusing items throughout the property.
This monument will be made of cast bronze and the foundation will be concrete and granite pavers. The
sculptures for the bronze monument will be cast at Artworks Foundry in Berkeley, California, which is a premiere
foundry for casting work. The timeline for the overall artwork to be sculpted, cast, and installed would place it at a
November/December 2022 unveiling date.
The installation of the bronze figures would require a concrete pad to be poured, and masonry work to be
completed displaying the beautiful granite pavers which would be the footprint for the rockwork that the figures
stand on. The rock work(plans included in proposal) would be created on a metal structure that has concrete
formed around it. This plan was created by OTL who does this similar work for locations throughout the country,
and much of the rockwork at the San Diego Zoo. This allows for children to sit on the bench locations within the
design and to include elements embedded within the sides of the rock formation including a pick axe, a mining
plate, and several items depicting the presence and influence of the Native Tribes known within the East Bay.
Installation would be relatively simple and would involve on site assembly of the rocks. And then the three
sculpture elements with threaded rods and industrial epoxy would be permanently installed. Maintenance would
be very minimal due to the durability of bronze, requiring only a 6-8 month wash and waxing of the bronze figures.
I am very honored to be considered for this important project. It is my intention to create a monument that will
commemorate the legacy of pioneering families of Dublin, the City’s unique pioneering heritage, and the history of
this particular Crossroads location. I look forward to working with you to ensure that my efforts are as meaningful
as possible and reflects the values and hopes for this monument.
Attachment 2
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12'-0"
16'-8"18'-0"23'-3"Bench area652'-8"
1'-6"Flexible landscape edging2Angular crushed stonePavers (granite or concrete,TBD) on mortar bed on slabArtificial rock sculpture baseBench areaBench areaFlexible landscape edgingAngular crushed stone6" thick reinforced concreteslab, #4 bars 12" O.C.E.W.Pavers cut to fit aroundartificial rockRockwork core; geofoam,gravel, or concreteArtificial rockwork shell;shotcrete or pumped concrete,#3 bars 12" O.C.E.W. 4" min.thicknessArtificial rockwork carve coat.Thickness varies, 2"-6"Bench areaFinal height +- 4"TBD by Artist6" thick reinforced concreteslab, #4 bars 12" O.C.E.W.Pavers on setting bed2" thick concrete stripGreen granite "path" accentpieces; 3cm, 4x16Geotextile fabricGeotextile fabricAngular crushed stone4" thick concrete stripGreen granite "path" accentpieces; 3cm, 4x16343'-0"3'-0"Green granite "path" accentpieces; 3cm, 4x16Untitled SculptureBrian Keith - ArtistSculpture BaseScale: 3/4" =1'-0"Sculpture Base Plan110/14/2021Scale: 3/4" =1'-0"Sculpture Base Section2Scale: 3/4" =1'-0"Sculpture Base Elevation5Scale: 3/4" =1'-0"Sculpture Base Elevation6Not to ScaleSculpture Base Perspective7Not to ScaleSculpture Base Rendering8Note: Finish texture & color to matchexample photos supplied by ArtistNotes:The rockwork shown is a geometric simplificationmeant to establish scale, proportions, and generalconcept. Final rockwork to be carved and textured ina realistic manner, to match reference photossupplied by the ArtistFlat areas for sculpture installation to matchmaquette by ArtistScale: 3/4" =1'-0"Section Detail3Scale: 3/4" =1'-0"Section Detail4Attachment 261
Attachment 2
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Heritage Park Public Art (PK0222) - Monumental Art Sculpture
Site Specific Design Proposal by Artist Jane Dedecker
Attachment 2
68
Crossroads
by
Jane DeDecker
Attachment 2
69
Attachment 2
70
PROPOSAL NARRATIVE
for CROSSROADS
by Jane DeDecker
After researching the wonderful rich history of Dublin the idea for the piece that I have designed for this proposal came to me in a dream.
I have designed a sculpture which is reminiscent of the paths and roads over which individuals have traveled to start a new life journey. From the
earliest inhabitants of Dublin, the Indigenous Americans, through the Spanish Explorers, the Mexican Rancheros, Missionaries, gold rush
adventurers, pioneers, the World War II soldiers, to the many immigrants who settled in the Dublin, Tri-Valley area, it has become home to a diverse
population. Dublin is a unique diverse community where its inhabitants have taken many different paths to reach this beautiful place they call home.
The design that I have envisioned for Heritage Park is reflective of the crossroads of the Tri-Valley area. The three graceful bronze arches in this
sculpture design intersect near the ground, are symbolic of the Amador, San Ramon, and Livermore valleys. At the apex of each of these arches will
be a different historical figure walking down the arched path to represent the long history of the varied inhabitants who have converged within this
fertile valley area. These three life size bronze figures will compliment and help tell the history of the city of Dublin along with the already
established historic buildings within the 10 acre Heritage Park and Museum area.
To honor the first inhabitants to this area will be an American Indigenous woman with her basket made from native grasses used to gather food for
her family. These Indigenous tribes thrived at one time in these fertile valleys that offered plenty of wildlife, water, and easy passage to the San
Francisco Bay Area, the Central Valley, and the Santa Clara Valley.
With agriculture being one of the most important life sustaining need of settlers of this area one of the figures will be a farmer/rancher of Spanish /
Mexican descent such as Jose Maria Amador who settled in the area around 1825. He was at one time one of the largest landowners in the Dublin
area. The Spanish influence in the California area can visibly be seen in the design of the architecture throughout the area. With the arched
doorways and stucco facades. The figure will be carrying buckets of the prepared stucco mud used in the construction of the beautiful missions.
The third figure will be a gold miner/pioneer to represent the influx of gold rush adventurers that found enough gold in this area to purchase
thousands of acres from the Amador family. Many pioneers made their way West with the promises of the many riches that this area provided. With
Dublin being a crossroads for two important stagecoach routes the diversity of inhabitants to this beautiful area continued to grow.
Attachment 2
71
The star is 16 feet across
made from natural
sandstone cut and placed to
create the star shape.
Low maintenance grasses
are planted in center to
create the idea of marsh or
prairie.
The arch, the sun that rises
and sets in the valley.
The life-size figures
and arch cast in bronze will
be elevated in planter.
Total height will be
11 feet high.
Attachment 2
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Stones 16” x16”
allow for seating
Native grasses fill the center
The arch rises above the marsh
like the sun rises over the native
landscape.
Attachment 2
77
This sculpture design will be constructed to withstand
any high winds or seasonal rains. The entire sculpture
approximately 11 feet high x 16 feet wide x 16 foot deep,
will be permanently anchored in the park using cement
footings and stainless steel all thread epoxied into the
footings.
Wrapped around the bronze sculpture will be available
seating using multiple sandstone rocks which will be
placed to form a star shape to represent the star found on
the California flag. Native grasses such as Purple needle
grass and other beautiful natural plantings will be planted
on the inside of the star sandstone seating area.
Viewers to the park will be able to stand next to the
sculpture to enjoy it and learn about the Dublin history on
a plaque that will be located near the sculpture.
Travelers will be able to view this sculpture from the
thoroughfare, at the intersection of Dublin Boulevard and
Donlon Way. It will be serve as a way finder to this area
and allow travelers driving by an opportunity to look
through the intersecting arches that point the way to the
City of Dublin’s Heritage Park and Museums.
Attachment 2
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PROPOSED BUDGET FOR CROSSROADS MONUMENT
Artist Fee - $60,000
Mold Creation - $15,000
Wax Reproduction - $15,000
Bronze Casting - $50,000
Engineering - $ 25,000
Fabrication - $25,000
Patina - $10,000
Delivery - $5,000
Stainless Steel Infrastructure - $12,000
Sandstone and Landscaping - $15,000
Insurance - $2,000
Art Installation - $10,000
(boom truck, flagman)
Travel to Dublin - $6,000
(2 trips, for Artist and assistant to view site and installation)
Permit Fees - 15,000
Contingencies - $10,000
Total = $275,000.00
Attachment 2
81
PAYMENT SCHEDULE AND TIMELINE:
Down Payment: Upon execution of this contract the Collector agrees to pay 30% of the total investment as
down payment. Artist will begin the creation of the monument after contract has been signed
January 2022.
10-12 months: Time allowed for the Artist to create the monument in bronze.
Creation of the monument entails:
Sculpting the figures and arches in clay. Creating a silicon mold from which a wax duplicate
of the sculpture will be created. The wax duplicate will be cast into bronze using the lost wax
process at Madd Casting located in Berthoud, CO. The cast bronze sections,
roughly 3/8”, will be welded together using a TIG welder at DeDecker Studio in Loveland, CO,
incorporating a stainless steel infrastructure per a drawing provided to the Artist by KL&A
Structural Engineers located in Loveland, Colorado. The infrastructure will give the sculpture
sufficient strength to withstand delivery to, and installation at the Site as well as exposure to
the natural elements. Once the monument is cast and assembled, the patina, chosen by the
Artist and the Collector will be applied by the patineurs at DeDecker Studio in Loveland, CO.
Upon completion and approval of the finished sculpture the Collector agrees to pay a second
installment of 40% of the total investment.
The Collector in consultation with the Artist agrees to prepare the site. The Artist will
deliver the sculpture from Artist’s studio to the prepared Site when directed by the Collector
no later than an agreed delivery date.
The Artist agrees to assist the Collector with the sculpture installations. The Collector agrees
to pay the Artist the final 30% installment upon successful installation of the sculpture.
Installation Fall/Winter of 2022
*** All payments are to be DeDecker Sculpture Inc. at 1503 West 8th Street Loveland, CO 80537
All designs for sculpture, site design and materials are copy written by artist at time of submission.
Delivery:
Installation:
Attachment 2
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Heritage Park—Monumental Sculpture, Art Location Options
Option 1
Option 2
Street View for Option 1
Street View for Option 2
Attachment 3
83
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 1
CITY OF DUBLIN
November 17, 2021
Client: City of Dublin, California
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
Parks & Community Services Department
925.556.4565
Prepared by Alison Leard, Director
Pacific Coast Conservation
2334 Colorado Blvd, Denver, CO 80207
310.383.4710
Submitted design
Pacific Coast Conservation is pleased to submit this public art procurement assessment of the
monument designed by Adan Romo proposed to be included in the City of Dublin public art
collection. The purpose of this review is to evaluate the work for viability of proposed materials,
location, and to determine anticipated maintenance requirements. Please note, this assessment
was based on information provided by the city and does not take any conceptual or creative
intentions into consideration when reviewing for conservation of materials.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 2
Proposed art: Heritage Park Monumental Sculpture
Artist: Adan Romo
Material(s): bronze, venetian glass, concrete, stone
Dimensions: approx. 15‘ tall
Location: Heritage Park
6600 Donlon Way, Dublin, CA 94568
Monument Description
Two different concepts, one on each side of the monument: Early native settlers and
European settlers. Both involve interactivity with public by them adding elements to
the sculpture (i.e. rocks or acorns).
Materials
Surface
Bronze
There is no statement as to the type and quality of bronze used. The foundry noted
likely works with a high-quality silicone bronze, but this should be confirmed. It is
important to use quality bronze for the long-term preservation of the piece and to allow
for safe repairs if required. Poor quality bronze can contain hazardous materials such as
lead and zinc.
Venetian glass
The artist should supply extra tiles for all the colors in the mosaics. The tiles may
eventually fall out and be lost so having replacements on hand will be very important to
ensure an exact match. The artist should also provide information for sourcing the tiles
and grout.
There were no notes on how the Venetian Glass panels will be fabricated or secured to
the bronze base. This should be clarified to ensure stability.
Concrete and Mortar
Concrete and mortars can leach salts (efflorescence) over time if care isn’t taken during
the construction. Use high quality concrete that contains minimal water. Ideally use
low-alkali cements. The salts can be removed mechanically, but they can be an ongoing
issue and visually distracting.
Stone
Stones will likely have areas of loss and breakage over time. These will need to be
replaced in kind in the event of losses therefore the artist should provide the type and
source of the stone.
Structure
Not much is detailed in how the piece will be secured to the base. There is funding
allotted for an engineer. Because this piece will be top heavy with a smaller connection
point at the base, the engineering will be important to ensure safety.
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 3
Wind and vibration may be outside elements to consider when securing the glass
mosaics as we don’t want them to loosen over time. With the public so close to the
piece, they will likely climb and lean on it, which with a piece with a singular connection
point at the base, will likely cause vibrations through the work.
Site Considerations
Artwork Preservation
Dublin Boulevard is a 4-lane main arterial road with likely heavy traffic.
When placing a piece close to a roadway, buildup from exhaust and general grime are
heavier. Chemicals found in these materials need to be cleaned away on a regular basis
to ensure continued protection of the surface of the bronze and glass. The site is also
relatively close to Interstate 580, which will increase buildup from exhaust also, so even
if the install site is moved from the corner of Dublin and Donlon, maintenance should
still be carried out 1-2 times per year. If waxing twice yearly isn’t possible because of
budgetary constraints, washing twice a year and waxing once a year should be
sufficient. This should be monitored over the course of the first 2-3 years to determine
whether the existing maintenance schedule is sufficient.
If there are trees surrounding the artwork, they should be cut back to keep biological
material from dropping onto the surface of the artwork. Pollen and fruits from plants
and trees can cause staining.
All surrounding sprinklers should be drip irrigation. No water should be sprayed
around or onto the artwork. Sprinkler water is often gray water, having unknown
pollutants that we want to keep off the surface of the sculpture.
Public Access & Safety
When placing an artwork at a corner, it is recommended to also install bollards to
protect the piece in the event of a car driving off the road. These can protect the
artwork and the public.
Having the public sitting directly at the base of the artwork is not ideal. This
encourages touching and interaction. If this is the goal of the artwork, then how the
piece will change over time, because of the public interaction, must be taken into
consideration.
When the public touches bronze, it slowly wears away the wax layer, lacquer layer, the
patina and eventually the metal itself. If the artist’s intent is to allow for these
conditions, this needs to be noted to avoid mitigation efforts.
Maintenance access
A boom lift will be required to fully access the entire artwork during care.
Other site considerations would be:
• Ensure that the sidewalk is structurally sound and comprised of materials that
can handle the weight of the equipment.
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 4
• Ensure that there are no power lines that could obstruct access while operating
a lift.
Water access is highly preferred when choosing a location for a sculpture. As most
require regular washing, this ensures that the work can be completed in a cost-effective
manner and that the cleaning is more thorough with the pressure from a hose.
Recommendations
Directly after installation, detailed high resolution photographs should be taken as
documentation. This allows for better conservation of the piece over time, ensuring preservation
of the artist’s original intent. The city should keep all documentation of the artwork, including
drawings and installation specifications for reference.
Ongoing maintenance can greatly help in the reduction of corrosion and protection of the
surface from corrosion. Any areas of the bronze that have recesses that may collect water should
have a weep hole drilled to allow water to escape. These weep holes will need to be cleaned out
to ensure water is able to escape.
It is highly recommended to abandon the goal of having the public interact with the sculpture
by placing biological material or rocks into the gold pan and basket. Rocks, biological material
such as acorns, leaves and twigs will trap moisture against the bronze, causing corrosion. If the
basket and the gold pan are included in the final design, it is recommended that they are angled
in such a way as they will not hold rocks or biological materials or weep holes should be
utilized.
Maintenance & Budget
To ensure the piece stays in good condition and will have the longest life possible, it is highly
recommended to wash and hot wax the sculpture 1-2 times yearly. Artist statement per the
maintenance of this artwork: “Both the bronze figures and panels and mosaic artwork will need little to
no maintenance - aside from cleaning every 2 years.” This recommendation is likely not sufficient to
properly care for the piece and will likely shorten the lifespan of the piece.
Wax coatings deteriorate over the course of a year or two, depending on several factors such as
heat and public interaction. The wax will also hold onto exhaust buildup and grime when it’s
hot. If the piece is not waxed regularly, overtime the surface will become dry, will be more
susceptible to corrosion. It will also cause the lacquer coating to fail more quickly which will
result in a poor appearance and expensive treatments.
If the piece is lacquered, 1-2 year maintenance is still recommended to ensure the longest life
possible of the lacquer coating. Lacquer coatings last on average 10-20 years, depending on
maintenance, before it starts to fail. Failure of the lacquer coating can come in the form of
flaking and small bubbles that can be visually distracting. It is recommended to remove the
lacquer once it starts to fail and just keep the wax coating applied.
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 5
Frequency of maintenance is dependent on a variety of factors and varies between site location,
condition, and materials used. Most outdoor sculptures benefit from at least once a year
washing (and waxing for bronzes). This process of annual maintenance ensures no harmful
residues are building up, no site conditions have worsened, and the materials are protected.
Maintenance is preventative care that can prolong the structural and surface integrity of the
materials.
Maintenance Cost
Conservator 12 hrs @ $125 per hr $ 1,500.00
Materials 1 $ 50.00
Lift (Boom or Scissor) 1 $ 800.00
Documentation 1 $ 120.00
Total Est Maintenance x 1-2 times yearly $ 2,470.00
*Conservation treatment is not included in the considerations for costs in this assessment.
Conclusion
Overall, this piece is fairly well planned out and should hold up well over time if recommendations above
are followed. Considerations of note:
• Do not invite the public to put biological materials on or in the artwork. This could accelerate
corrosion and breakdown of protective layers.
• 1-2 times yearly maintenance is critical in the ongoing care of the piece.
• The engineering of the install will be critically important in the longevity of the tile elements. If
there is vibration through the piece on a relatively regular basis, the mosaic tiles will become
dislodged and lost.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 6
Attachment 4
89
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 1
CITY OF DUBLIN
November 17, 2021
Client: City of Dublin, California
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
Parks & Community Services Department
925.556.4565
Prepared by Alison Leard, Director
Lauren Williamson, Studio Manager
Pacific Coast Conservation
2334 Colorado Blvd, Denver, CO 80207
310.383.4710
Submitted design
Pacific Coast Conservation is pleased to submit this public art procurement assessment of the
monument designed by Brian Keith proposed to be included in the City of Dublin public art
collection. The purpose of this review is to evaluate the work for viability of proposed materials,
location, and to determine anticipated maintenance requirements. Please note, this assessment
was based on information provided by the city and does not take any conceptual or creative
intentions into consideration when reviewing for conservation of materials.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 2
Title: Dublin Heritage Crossroads
Artist: Brian Keith
Material: Bronze, concrete and granite pavers
Dimensions: Approx 9.5“H x 18’W x 12‘D
Location: Heritage Park.
6600 Donlon Way, Dublin, CA 94568
Monument Description
This monument aims to tell “a story of history that captures the steadfastness and perseverance
of the pioneering families of Dublin.” The bronze sculpture depicts 3 figures set on a fabricated
stone base surrounded by a radial paver design.
Materials
Surface
There is no statement as to the type and quality of bronze used. The foundry listed,
Artworks Foundry, noted that it works with a high-quality silicone bronze, but this
should be confirmed. It is important to use quality bronze for the long-term
preservation of the piece and to allow for safe repairs if required. Poor quality bronze
can contain hazardous materials such as lead and zinc.
This piece will likely have a patina applied. With how easily accessible it is to the public,
the patina will wear in areas that are touched often. This should be discussed with the
artist to determine how the piece should be maintained – i.e., if the patina should be
touched up as needed, or if it should be allowed to be worn away.
The fabricated stone base and surrounding pavers will wear over time with public use.
Depending on the colorant used in the fabricated stone base, this may change the look
over time, if the color is only on the surface. If the entirety of the material is colored,
then the losses or discoloration to surface from wear will be lessened.
Weeds may be an issue, but based on the drawings, they are appropriately preparing the
ground to deter this issue.
Structure
The structure of the bronze is not noted. Though we can deduce that there will be at
least 6 connection points to the fabricated stone base, which should be sufficient for
good stability. This piece will likely be climbed on, based on the design, so the artist and
installers will need to ensure the connection points are secure.
Cracking may occur in the stone base over time, but these may look natural, depending
on the fabrication, or if necessary, could be filled and colored to match surrounding
fabricated stone.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 3
Site Considerations
Artwork Preservation
The proposal doesn’t state specifically where in Heritage Park the installation will be located.
General considerations:
When placing a piece close to a roadway, buildup from exhaust and general grime are
heavier. Chemicals found in these materials need to be cleaned away on a regular basis
to ensure continued protection of the surface of the bronze and glass. The site is also
relatively close to Interstate 580, which will increase buildup from exhaust also, so even
if the install site is moved from the corner of Dublin and Donlon, maintenance should
still be carried out 1-2 times per year. If waxing twice yearly isn’t possible because of
budgetary constraints, washing twice a year and waxing once a year should be
sufficient. This should be monitored over the course of the first 2-3 years to determine
whether the existing maintenance schedule is sufficient.
If there are trees surrounding the artwork, they should be cut back to keep biological
material from dropping onto the surface of the artwork. Pollen and fruits from plants
and trees can cause staining.
All surrounding sprinklers should be drip irrigation. No water should be sprayed
around or onto the artwork. Sprinkler water is often gray water, having unknown
pollutants that we want to keep off the surface of the sculpture.
Public Access & Safety
Having the public sitting directly at the base of the artwork is not ideal. This
encourages touching and interaction. If this is the goal of the artwork, then
consideration of how the piece will change over time should be discussed with the artist
and understood by the city.
When the public touches bronze, it slowly wears away the wax layer, lacquer layer, the
patina and eventually the metal itself. If the artist is accepting of these changes to the
artwork, then this should be stated so the people charged with the care of the piece over
time understand the goals of the artwork and allow these changes to happen rather than
intervene with mitigation or repairs as these conditions occur.
Maintenance access
Based on what is presented, a 10’ ladder should be sufficient to reach the entire
sculpture. Depending on the base, it may need to be a Little Giant, or similar, that has
adjustable height legs.
Water access is highly preferred when choosing a location for a sculpture. As most
require regular washing, this ensures that the work can be completed in a cost-effective
manner and that the cleaning is more thorough with the pressure from a hose.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 4
Recommendations
Directly after installation, detailed high resolution photographs should be taken as
documentation. This allows for better conservation of the piece over time, ensuring preservation
of the artist’s original intent. The city should keep all documentation of the artwork, including
drawings and installation specifications for reference.
Ongoing maintenance can greatly help in the reduction of corrosion and protection of the
surface from corrosion. Any areas of the bronze that have recesses that may collect water should
have a weep hole drilled to allow water to escape. These weep holes will need to be cleaned out
to ensure water is able to escape.
Maintenance & Budget
To ensure the piece stays in good condition and will have the longest life possible, it is highly
recommended to wash and hot wax the sculpture 1-2 times yearly. This is in agreeance with the
artist’s recommendations of a wash and wax every 6-8 months.
Wax coatings deteriorate over the course of a year or two, depending on several factors such as
heat and public interaction. The wax will also hold onto exhaust buildup and grime when it’s
hot. If the piece is not waxed regularly, overtime the wax will be worn away and the surface will
become dry, and be more susceptible to corrosion. It will also cause the lacquer coating to fail
more quickly which will result in a poor appearance and expensive treatments.
If the piece is lacquered, 1-2 year maintenance is still recommended to ensure the longest life
possible of the lacquer coating. Lacquer coatings last on average 10-20 years, depending on
maintenance, before it starts to fail. Failure of the lacquer coating can come in the form of
flaking and small bubbles that can be visually distracting. It is recommended to remove the
lacquer once it starts to fail and just keep the wax coating applied.
Frequency of maintenance is dependent on a variety of factors and varies between site location,
condition, and materials used. Most outdoor sculptures benefit from at least once a year
washing (and waxing for bronzes), ideally twice a year. This process of annual maintenance
ensures no harmful residues are building up, no site conditions have worsened, and the materials
are protected. Maintenance is preventative care that can prolong the structural and surface
integrity of the materials.
Item Time Rate Cost
Conservator 12 $ 125.00 $ 1,500.00
Materials 1 $ 50.00 $ 50.00
Documentation 1 $ 120.00 $ 120.00
Total Estimated Maintenance Cost x 1-2 times yearly $ 1,670.00
*Conservation treatment is not included in the considerations for costs in this assessment.
Attachment 4
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PA PROCUREMENT ASSESSMENT
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Conclusions
Overall, this piece is fairly well planned out and should hold up well over time if recommendations above
are followed. Considerations of note:
• This piece should be relatively easy to maintain, if maintenance is carried out on a regular basis,
as noted above.
• The public interaction with the piece should be thought through prior to install so the city and
artist understand the visual goals of the piece over its lifetime.
Attachment 4
94
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 1
CITY OF DUBLIN
November 17, 2021
Client: City of Dublin, California
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
Parks & Community Services Department
925.556.4565
Prepared by Alison Leard, Director
Lauren Williamson, Studio Manager
Pacific Coast Conservation
2334 Colorado Blvd, Denver, CO 80207
310.383.4710
Submitted design
Pacific Coast Conservation is pleased to submit this public art procurement assessment of the
monument designed by Jane Decker proposed to be included in the City of Dublin public art
collection. The purpose of this review is to evaluate the work for viability of proposed materials,
location, and to determine anticipated maintenance requirements. Please note, this assessment
was based on information provided by the city and does not take any conceptual or creative
intentions into consideration when reviewing for conservation of materials.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 2
Title: Crossroads
Artist: Jane Decker
Material: Bronze, sandstone, grasses
Dimensions: 11‘ h x 16‘ w x 16‘ d
Location: Heritage Park
6600 Donlon Way, Dublin, CA 94568
Monument Description
This monument will feature three figures: an American Indigenous woman, a
farmer/rancher of Spanish /Mexican descent, a gold miner/pioneer to reflect the
crossroads of the Tri-Valley area.
Materials
Surface
Bronze
The woman holding an open basket could cause maintenance concerns as the basket will
hold onto biological material and water. A weep hold can be put in the bottom of the
basket, but these can get plugged up. A possible recommendation may be to “fill” the
basket so that water and debris flow off it and don’t get caught inside.
There is no statement as to the type and quality of bronze used. The foundry noted
likely works with a high-quality silicone bronze, but this should be confirmed. It is
important to use quality bronze for the long-term preservation of the piece and to allow
for safe repairs if required.
Sandstone
The seating is appropriate as it keeps the public from direct contact with the art. The
solid stone noted will work well and have few maintenance concerns.
Grasses
The artist’s proposal states, “native grasses such as Purple needle grass and other
beautiful natural plantings will be planted on the inside of the star sandstone seating
area.” Biological material close to artwork is often a concern. However, the grass
planting proposed is a good option. There should be no sprinklers included in the
middle of the work. If watering is necessary, it needs to be in-ground drip irrigation.
Grasses touching the underside of the arches could encourage corrosion, but as long as
maintenance is carried out regularly, this shouldn’t become an issue.
Structure
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PA PROCUREMENT ASSESSMENT
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The design and spacing out of the bronze element connection point attachments are a
well thought out and bode well for the stability of the structure over time. There is a
high likeliness that the arches will be climbed, so this should be taken into consideration
with the engineering.
Stainless steel is noted and a good plan for anchoring.
Details on the stone element installation were not presented. Based on the design, no
issues are noted or appear to be a cause for concern.
Site Considerations
Artwork Preservation
Location within the center of the park is good. There don’t appear to be overhanging
trees or other plantings. If there do happen to be trees surrounding the artwork, they
should be cut back to keep biological material from dropping onto the surface. Pollen
and fruits from plants and trees can cause staining, specifically on the stone elements.
All surrounding sprinklers should be drip irrigation. No water should be sprayed
around or onto the artwork. Sprinkler water is often gray water, having unknown
pollutants that we want to keep off the surface of the sculpture.
The piece is set back from the roadway, which is a good choice for the safety of the
artwork.
The park is close to a major roadway. Buildup from exhaust and general grime are a
consideration. Chemicals found in these materials need to be cleaned away on a regular
basis to ensure continued protection of the surface of the bronze and stone elements.
The site is also relatively close to Interstate 580, which will increase buildup from
exhaust also, so even if the install site is moved from the corner of Dublin and Donlon,
maintenance should still be carried out 1-2 times per year. If waxing twice yearly isn’t
possible because of budgetary constraints, washing twice a year and waxing once a year
should be sufficient. This should be monitored over the course of the first 2-3 years to
determine whether the existing maintenance schedule is sufficient.
Public Access & Safety
The seating set back from the piece is a good choice.
The only concern would be people climbing the arches. Thus, the engineering of the
arches should take that likelihood into account.
Maintenance access
This piece should be able to be maintained with a 10-foot ladder. The ladder will need
to be set into the area with the grasses. If this isn’t acceptable to the artist, a small boom
may be necessary to safely reach the top of the figures. If a boom is necessary, note that
if grass surrounds the piece, ground protection may be necessary.
Attachment 4
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PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 4
Water access is highly preferred when choosing a location for a sculpture. As most
require regular washing, this ensures that the work can be completed in a cost-effective
manner and that the cleaning is more thorough with the pressure from a hose.
Recommendations
Directly after installation, detailed high resolution photographs should be taken as
documentation. This allows for better conservation of the piece over time, ensuring preservation
of the artist’s original intent.
The city should keep all documentation of the artwork, including drawings and installation
specifications for reference.
Ongoing maintenance can greatly help in the reduction of corrosion and protection of the
surface from corrosion. Any areas of the bronze that have recesses that may collect water should
have a weep hole drilled to allow water to escape. These weep holes will need to be cleaned out
periodically to ensure water is able to escape.
Maintenance & Budget
To ensure the piece stays in good condition and will have the longest life possible, it is highly
recommended to wash and hot wax the sculpture 1-2 times yearly.
Wax coatings deteriorate over the course of a year or two, depending on several factors such as
heat and public interaction. The wax will also hold onto exhaust buildup and grime when it’s
hot. If the piece is not waxed regularly, overtime the surface will become dry, will be more
susceptible to corrosion. Lack of wax and maintenance will also cause the lacquer coating to fail
more quickly which will result in a poor appearance and expensive treatments.
If the piece is lacquered, 1-2 year maintenance is still recommended to ensure the longest life
possible of the lacquer coating. Lacquer coatings last on average 10-20 years, depending on
maintenance, before it starts to fail. Failure of the lacquer coating can come in the form of
flaking and small bubbles that can be visually distracting. It is recommended to remove the
lacquer once it starts to fail and just keep the wax coating applied.
Frequency of maintenance is dependent on a variety of factors and varies between site location,
condition, and materials used. Most outdoor sculptures benefit from at least once a year
washing (and waxing for bronzes). This process of annual maintenance ensures no harmful
residues are building up, no site conditions have worsened, and the materials are protected.
Maintenance is preventative care that can prolong the structural and surface integrity of the
materials.
Item Time Rate Cost
Conservator 12 $ 125.00 $ 1,500.00
Materials 1 $ 50.00 $ 50.00
Documentation 1 $ 120.00 $ 120.00
Total Estimated Maintenance Cost x 1-2 times yearly $ 1,670.00
Attachment 4
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*Conservation treatment is not included in the considerations for costs in this assessment.
** If a boom becomes necessary, it will likely add approximately $1000 for each maintenance, including
the boom and ground protection, if the piece is surrounded by grass.
Conclusion
Overall, this piece is well planned out and should hold up well over time. Considerations of note:
• 1-2 times yearly maintenance
• “Filling” the basket so leaves, acorns and other biological materials don’t collect in the basket.
Attachment 4
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STAFF REPORT
Heritage and Cultural Arts Commission
Page 1 of 2
Agenda Item 5.2
DATE:December 9, 2021
TO:Honorable Chair and Committee Members
FROM:La Shawn Butler, Parks & Community Services Director
SUBJECT:Heritage Park Artistic Park Features Art Selection Prepared by:Tyler Phillips,Heritage and Cultural Arts Supervisor
EXECUTIVE SUMMARY:The Heritage and Cultural Arts Commission will consider a public art design proposal and a recommendation to the City Council for a public art piece to be installed at Heritage Park.
STAFF RECOMMENDATION:Consider the design proposal by artist Adan Romo and make a recommendation to the City Council for final approval.
FINANCIAL IMPACT:This project is funded in the Fiscal Year 2020-2025 Capital Improvement Program (Project PK0222). The budget for this public art piece is $100,000. The Public Art Fund is the funding source, and no General Fund dollars are being expended on this project.
DESCRIPTION: On June 1, 2021, the City Council approved the 2020-2025 Five-Year Capital Improvement Program Update which included public art to be installed at Heritage Park. The City anticipates installing an artistic park feature(s) at Heritage Park. This could be one feature, or a series of features spread throughout Heritage Park. A park feature is considered a functional piece of art or art that’s integrated into the built environment. This project falls within the goals and guidelines of the City’s Public Art Master Plan which emphasizes highly visible artwork along major throughfares and incorporation of art into the built environment. On June 21, 2021, Staff issued a Request for Qualifications (RFQ), seeking qualified artists (Attachment 1). Interested artists submitted a portfolio and resume to be considered for invitation to develop a site-specific design proposal for artistic art features for Heritage Park. The deadline for the RFQ was July 23, 2021. The City received seven responses from qualified artists.
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Page 2 of 2
On August 31, 2021, an ad-hoc art selection committee met to review seven portfolios and resumes. The committee selected five artists and invited them to provide a site-specific design proposal for the project. Due to various reasons, two of the selected artists withdrew from the process. The selection committee reconvened on October 26, 2021 to review the three site-specific design proposals that were created. After some discussion the committee selected the proposal from Adan Romo as the first choice. Although not recommended, the ad-hoc selection committee did want to move forward the site-specific design proposal by James Dinh as an alternative. This selection committee appreciated the proposal by James Dinh and how it incorporated a seating and gathering area to the park, but had concerns related to how it met project goals. The site-specific design proposals are included as Attachment 2. As is Dublin’s practice, the proposals were reviewed by the City’s contract art conservator and City Staff. The artwork from Adan Romo is expected to be successful upon installation, of the utmost permanence, and maintained utilizing traditional art conservation methods. The full assessment from the conservator is included in Attachment 3.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:None.
ATTACHMENTS:1)Request for Qualified Artists2)Design Proposals from Adan Romo and James Dinh #)Art Conservator’s Assessment
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REQUEST FOR QUALIFICATIONS
Public Art – Artistic Park Features
Heritage Park & Museums
RFQ ISSUE DATE: June 21, 2021
RFQ DEADLINE: July 23, 2021, 4:00 p.m. PST
The City of Dublin invites artists with experience creating artistic park features to submit
qualifications for an upcoming public art project to be installed at the City of Dublin’s Heritage
Park and Museums. From this list of qualified artists, the City will invite up to five artists to
submit proposals for this specific project.
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, and
is 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, mostly outdoor sculptures,
murals and tile works acquired or commissioned in the last 20 years.
The City recently updated its Public Art Master Plan this year. The new plan will emphasize
functional artwork and/or artistic embellishments to planned/existing functional elements in
neighborhood parks.
ARTISTIC PARK FEATURE OPPORTUNITY
Heritage Park
The City anticipates installing an artistic park feature(s) at Heritage Park. This could be one
feature, or a series of features spread throughout Heritage Park. A park feature is considered a
functional piece of art or art this integrated into the built environment which could include but
is not limited to benches, artifact cubes, culture walks, etc. Specific site locations for artwork
have not been specified for this project. It is anticipated the location will be highly visible, fit
with the existing park design, and meet all applicable park design standards (ADA, safety, etc.).
Selection is anticipated to take place in Fall 2021, with installation complete in 2022. Heritage
Park is located at what is considered the Crossroads of the Bay Area and is a reflection of
Dublin’s pioneering families, heritage, and local history. Heritage Park is an active historic park
site comprising the Pioneer Cemetery, Old St. Raymond’s Church, Murray Schoolhouse &
Museum, Kolb House, and others that tell the story of Dublin, and the Tri-Valleys, unique past.
The art budget for the Heritage Park artistic art features is expected to be approximately
$100,000 and could be awarded to one, or multiple, artists.
Attachment 1
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Page 2 of 5
ART SELECTION PROCESS
Staff Review
City Staff, including the Heritage and Cultural Arts Division, Public Works staff 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 qualifications of up to 20 qualified artists. The Project Selection
Committee narrows the list to no more than five artists to be invited to present a proposal for
the project. Artists are invited for a site visit and meeting with Staff to ensure an understanding
of the scope of the project 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 concept in detail, material samples, renderings,
and maquette. 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 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 or not 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 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.
Attachment 1
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Page 3 of 5
RFQ SPECIFICATIONS
Artist qualifications shall be submitted in written and electronic form. Provide one printed copy,
in color, complete with all attachments, and one electronic copy (.pdf). For any photographs,
please also provide a separate electronic version (.jpeg preferred). The packet should include:
a. Completed Coversheet: Use 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 a
commissioned work, indicate the commissioning organization and a brief description of
the project.
e. References: Contact information for three individuals who have worked with you
recently on similar pieces. These could include clients commissioning work, project
managers, architects, landscape architects or engineers.
DIRECTIONS FOR SUBMITTAL: Submit one printed copy of qualifications and one
electronic copy. For printed materials, please use only paperclips. No binding, plastic covers, or
folders. Packages containing the proposal and any related material shall be plainly marked on
the outside in the following manner: “Dublin Public Art – Heritage Park Artistic Park Features.”
Package deliveries are accepted Monday-Friday, 8:00 a.m. to 5:00 p.m.
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,
Heritage and Cultural Arts Manager by Friday, July 23, 2021, 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 on a thumb drive. Thumb drives will not be
returned.
Attachment 1
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Page 4 of 5
RETURN YOUR QUALIFICATIONS AND SIGNED QUALIFICATION
COVERSHEET TO:
Mail: Shaun Chilkotowsky, Heritage and Cultural Arts Manager
City of Dublin
Parks and Community Services
100 Civic Plaza
Dublin, CA 94568
Phone: (925) 556-4565
Email: shaun.chilkotowsky@dublin.ca.gov
Attachment 1
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Page 5 of 5
QUALIFICATIONS COVERSHEET:
Public Art – Artistic Park Features
Qualifications will not be accepted after Friday, July 23, 2021, 4:00 PM.
Artist: ____________________________________________________________
Address: _______________________________________________________________
City: __________________________________ State: ___________ Zip: ____________
Phone: _________________________________ Fax: __________________________
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 ability to meet requirements therein. ______
I have read the City’s standard Agreement template and have attached any changes requested. ______
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.
Attachment 1
106
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
Section 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.
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, immediat ely upon
receiving notice from City of such desire of City, reassign such person or persons.
Attachment AAttachment 1
107
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.
Section 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 Article 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.
Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $________ as specified 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 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 Agreem ent 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.
Attachment AAttachment 1
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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:
▪ Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ 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.
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.
Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its 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.
Section 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 res ponsible
for designing the artwork, as described in Exhibit A, so that it can be constructed without exceeding
the approved overall budget for the artwork of $_______. The Artist shall, without additional
compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.
Attachment AAttachment 1
109
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.
Section 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.
6.2 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 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 Artwork 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 Artwork 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:
<<Insert Name>>
<<Insert Address>>
<<Insert City, State, Zip Code>>
<<Insert Phone>>
<<Insert email>>
Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. 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.
Attachment AAttachment 1
110
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 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 Artwork 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.
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public
Art Collection.
Section 8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Artwork 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
Artwork. Artist may create works that utilize or incorporate various individual art elements that
comprise the Artwork, 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 Artwork, and (3) is not displayed in an environment that is
the same or substantially similar to the environment in which the Artwork is to be displayed at the
site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and that
Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further represents
that the Artwork 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 Artwork or any parts of the
Artwork.
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
Attachment AAttachment 1
111
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:
8.6.1 Occasional or minimal cleaning and repair of the Artwork 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.
Section 9. MAINTENANCE OF ARTWORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing
maintenance of the Artwork.
9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, 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 Artwork and associated
moving parts or equipment including any staff time involved in displaying or operating artwork and
the frequency of such staff involvement; and written instructions and manufacturer’s specifications
for reasonably foreseeable maintenance and preservation activities relating to the Artwork.
9.3 The Artwork 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 Artwork to any particular standard. City may determine
to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed
appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If
the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove the
Artwork from display as a result of deterioration, whether to replace any portion of the Artwork or
translate any component into new media, or whether to maintain the Artwork on display despite its
deteriorated condition.
Attachment AAttachment 1
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9.5 The anticipated life span of the Artwork 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 Artwork 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 Artwork. If the City determines that, through decay, vandalism or other forces, the
Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the
Artwork to Artist free of charge and in writing.
Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain the
Artwork 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 the building’s
architecture or landscaped environment and removal of the artwork would result in significant
changes to the artwork 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 Artwork in City’s sole judgment. For example, City may alter the Artwork to
eliminate hazard, to comply with the ADA, 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 Artwork at an alternate location that City
chooses in its sole discretion. If the Artwork is free-standing such that it can be removed without
significant damage to the Artwork or the Site, and if the City authorizes the removal of the Artwork,
the City shall take reasonable precautions to minimize alteration of the Artwork during removal.
10.2 With respect to the Artwork 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 Cal ifornia 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 Artwork is incorporated
into a building such that the Artwork cannot be removed from the building without alteration of the
Artwork, Artist waives any and all such claims against any future owners of the site, and its agents,
officers and employees, for alteration of the Artwork.
10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork,
other than routine cleaning and maintenance, the following procedures shall apply:
10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist at
least 20 calendar days prior to authorizing any alteration of the Artwork, 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 Artwork – for example, in cases of public hazard, accident
or unauthorized alteration – City shall notify Artist within 30 calendar days after such
alteration.
10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine whether
the Artwork can be restored or relocated, and to attempt to come to a mutually agreeable
plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless
otherwise specifically agreed in writing. If City intends to remove the Artwork, Artist shall
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consult regarding methods to minimize or repair any Alteration to the Artwork caused by
such removal and the potential costs of such removal.
10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends
to maintain the Artwork on display, City shall make a reasonable good faith effort to engage
Artist in the restoration of the Artwork 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 Artwork to its
original condition, to compensate Artist for any restoration work, or to maintain the Artwork
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 Artwork without Artist’s consent.
10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or
significantly alter the Artwork, such as destruction of all or part of the site, and City
determines that it will not remove the Artwork itself, City shall allow Artist to remove the
Artwork at Artist’s expense within 60 days of notice from the City of the need to remove the
Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork within
that 60 day period, City may alter the Artwork in any manner, including destroying it, in City’s
sole discretion.
10.3.5 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
Artwork if that remains possible. If City alters the Artwork without providing Artist a required
prior notice of alteration, Artist shall be given the first right of r efusal to restore the Artwork
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 Artwork at Artist’s
expense. If Artist elects not to restore the Artwork, City may retain another artist or
conservator to restore it, or may Alter the Artwork in any manner, at City’s sole discretion.
10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation,
Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code
§987(d) and 17 U.S.C. §106A(a)(2).
10.5 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 Artwork, 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, 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 Artwork 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 Artwork. However, as owner of the Artwork, City may pursue claims
against third parties for damages or to restore the Artwork if the Artwork has been altered without
City’s authorization.
Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
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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.
11.2 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 Artwork, 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 Artwork. 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. 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 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 Artwork 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 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 Artwork 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 Artwork.
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11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade
dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such
trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the
Artwork is not itemized separately from the value of the real property, the parties agree that the resale
price of the Artwork 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 Artwork 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 Artwork.
11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be
retained by the Artist. The City shall have no right to implement the proposed artwork, 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.
Section 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 Artwork. 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 Artwork shall be borne solely by Artist until Final
Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or
damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after
completion so that the City can approve the Artwork 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.
Section 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 t o 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 Workers’ Compensation
13.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers’
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Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
13.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
13.2 Commercial General and Automobile Liability Insurance.
13.2.1 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.
13.2.2 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.
13.2.3 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
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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 14 days of notification from Artist’s
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
13.3 All Policies Requirements.
13.3.1 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.
13.3.2 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.
13.3.3 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.
13.3.4 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.
13.3.5 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
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losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
13.3.6 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 days after
Artist is notified of the change in coverage.
13.4 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:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
▪ 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
▪ Terminate this Agreement.
Section 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 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 shall have been
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.
Section 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
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Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph 1.3; however, 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 No 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.
Section 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, sex, gender, religion (including religious dress and grooming practices), national
origin, ancestry, physical or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information,
gender identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”),
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 Consultant under
this Agreement.
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Artist shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
[16.6 Prevailing Wage. Check with City Attorney’s Office regarding obligation, if any, to pay prevailing
wage.]
Section 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.
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;
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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.
Section 18. KEEPING AND STATUS OF RECORDS.
18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right to,
at its sole expense, inspect the Work, including the Artwork, 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 Artwork, at any phase of the
project following 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
Artwork, 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 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each
visit to Dublin, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full
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
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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.
Section 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.
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 Cali fornia 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 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.
Attachment AAttachment 1
123
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:
<<Insert name>>
<<Insert Address>>
<<Insert City, State Zip>>
<<Insert Phone>>
<<Insert email>>
<<Insert website>>
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.
SIGNATURES ON FOLLOWING PAGE
Attachment AAttachment 1
124
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN ARTIST
____________________________ ______________________________
City Manager <<Insert Name>>, Artist
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2559640.1
Attachment AAttachment 1
125
The Heritage Park site represents a special place where people from all over the world, from
different backgrounds and traditions, gathered at various points during this land’s history to
gather, work, raise families and build the community that thrives today in the City of Dublin.
This rich history is difficult to represent and celebrate in one singular piece. Here at Romo
Studios we took on this challenge by proposing six different small sculptures placed around
the park.
Walking around the park we realized that there are several historic large buildings- the Kolb
house, the Hay barn, the Old St. Ramon church and Murray school- but it was hard to imagine
what life was like back in Dublin’s rich history. Our minds wondered and envisioned the original
Native tribes that lived here and what their daily life looked like. Or how farming was done prior
to engines and tractors. What it was like for the blacksmith that worked here and his working
conditions. Or visiting Murray school we wondered how it was possible for children to attend a
school with only a single room. With so many thoughts about the past, we thought a fun and
creative way to bring scenes of past life was to propose making several small sculptures that
were snapshots of what people did here. These small scenes will be ideal for children who, like
us, often times wonder what the past was like. These small scale scenes will entice adults as
well - who can resist miniature scenes of activity.
Many of the people depicted in these small scene celebrate the many men and women who
came here - famous and not so famous - from all over the world to contribute to the building of
the city. The Native American tribes of the Seunen, Souyen and the Pelnen will be depicted in a
small bronze sculpture with a creek and waterway that once existed here in Dublin where local
tribes would gather fish, food, acorns and plants for making baskets. The sculpture of the small
Murray school celebrates the educators and children - past and present - who through
education have contributed to the city’s growth and success. The farmland being tilled
represents all the farmers in the region who have labored to feed a growing city. The
blacksmith scene depict highlights the industries that existed here at this site - a blacksmith
shop and a wheel wagon fabrication shop. Needless to say these two crafts contributed to
the growth of the city of Dublin as it emerged from a being a small town to a thriving city.
Scattered around the park, visitors will walk around in search of these small bronze works.
Each scene will be made of bronze and each depict a moment in life that took place here at
Heritage Park. The sculptures will be mounted to a corten steel pedestal that will be anchored
to concrete foundations. The corten steel bases will look rusty and match the rusty look of
hinges and farm equipment that currently exists in the park. Each work - bronze sculpture on
its pedestal - will be around 32” high. At the base of each pedestal we propose the placement
of a large stone, much like the ones found in the Heritage Park landscape, where children can
stand and take a peek into these tiny little worlds. On the side of each pedestal will be a
plaque welded firmly with information about the scenes and the Dublin history it depicts.
Attachment 2
126
MAINTANENCE -
The bronze figures and corten steel pedestals will need little to no maintenance - aside from
cleaning every 2 years.
FABRICATION + INSTALLATION -
Fabrication and installation of the artwork will be completed by
Artworks Foundry
729 Heinz Ave #10
Berkeley, CA 94710
(510) 644-2735
Tipping Structural Engineers
1906 Shattuck Ave
Berkeley, CA 94704
(510) 549-1906
The sculptures with pedestals will delivered by large truck and will be anchored into a
reinforced concrete base.
Attachment 2
127
CITY OF DUBLIN
HERITAGE PARK
ARTISTIC FEATURES
PROPOSAL
Attachment 2
128
PROPOSED LOCATION - 6 DIFFERENT LOCATIONS THROUGHOUT
HERITAGE PARK .
Attachment 2
129
BLACKSMITH
SHOP
THIS SCULPTURE CELEBRATE THE
INDUSTRIES THAT TOOK PLACE AT THE
SITE OF HERITAGE PARK - A BLACKSMITH SHOP AND
WAGON WHELL FABRICATION -
BOTH PAID A VITAL ROLL IN HELPING BUILD THE CITY.
Attachment 2
130
Attachment 2
131
EARLY OHLONE
SETTLERS
THESE FLIUD FORMS REPRESENT
THE SMALL CREEK AND WATERWAYS
THAT ONCE RESIDED HERE AT HERITAGE
PARK AND WHERE NATIVE TRIBES
COLLECTED FOOD, ACORNS
AND PARTICULAR PLANT LIFE
TO WEAVE BASKETS.
THE SEUNEN, SOUYEN AND PELNEN TRIBES
Attachment 2
132
Attachment 2
133
DUBLIN
PIONEER
CEMETERY
Attachment 2
134
Attachment 2
135
DUBLIN
FARMERS
FARM FIELDS
BEING PLOWED,
CELEBRATING THE
ACRES OF FARMLAND
THAT MADE UP LARGE
AREAS OF DUBLIN
AND PROVIDED THE
FOOD NECESSARY
FOR A GROWING CITY.
Attachment 2
136
Attachment 2
137
GOLD MINERS
AND GOLD
SETTLERS
THIS SCULPTURE REPRESENTS
THE AREAS HISTORY
OF PROVIDING HOUSING
AND SUPPLIES FOR GOLD MINERS
AS WELL AS JOSE AMADOR,
MICHAEL MURRAY, JEREMIAH FALLON
AND JAMES DOUGHERTY.
Attachment 2
138
Attachment 2
139
MURRAY
SCHOOL HOUSE
MURRAY SCHOOL HOUSE
HELPED EDUCATED GENERATIONS
OF EARLY CITIZENS OF DUBLIN AND
WAS A FOUNDATION FOR HELPING
BUILD THE CIOTY.
Attachment 2
140
Attachment 2
141
CHILDREN INTERACTING WITH
ARTWORK
Attachment 2
142
Dublin Heritage Park Artistic Pieces Itemized Budget
Fees & Expenses:
Artist Fees 15,000
Studios Expenses 1,900
Rental Equipment 600
Subcontractors 1,800
Travel 1,500
Storage 0
Insurance & Professional Fees:
Engineering Fees/CAD Mod 500
Artwork Insurance 1,500
General Liability 1,500
Automotive Liability 1,400
Legal Fees 1,500
Photography & Documentation:
Photography of work in progress 350
On-site documentation of work 350
Fabrication:
Wax Cast 6,000
Bronze Cast of Figures /Reliefs 18,500
Welding and Patina 1,500
Metal Box Fabrication 12,500.
Site Prep - Installation:
Concrete base - stones 15,000
Transport Art to Dublin 2,000
Travel Expenses for Install Team. 800
Installation/ Crane 4,400
Contingency:(10%) 8910
____________
Total $98,010
Attachment 2
143
Attachment 2
144
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
CROSSROADS OF TIME
Attachment 2
145
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
The area now known as Dublin has long been known as a
crossroads. Long before the Spanish arrived, Native American
trading trails marked the land. Over the course of history, paths
of travel were traversed Spanish explorers, missionaries, gold
rush fortune seekers, early ranchers and farmers, wagons and
stagecoaches, and then automobiles.
Road connections led north to Martinez and Contra Costa county,
south to San Jose and Santa Clara county, east to Stockton and
further east, and west to Hayward, Oakland, and San Francisco.
Since the mid-1850s, a community and then a city has grown from
this intersection of peoples, commerce, and cultures.
Crossroads Attachment 2
146
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
The proposed artwork is inspired by both the physical
intersecting paths of movement (crossroads) and the resulting
process of community transformation over time.
The design uses the circular shape to create a space that is
both physical and symbolic. With no beginning or end, the
circle is a non-hierarchical shape that is often used as a symbol
for continuity, the cycles of life, the earth, among others. By
extension, it can represent the community—Dublin.
The COVID-19 pandemic has clearly shown that as individuals,
we all need to feel connected to other people and to
communities. We need to be a part of a something, as opposed
to feeling apart. The design creates an inclusive space that will
welcome people of all backgrounds and abilities. In addition,
the design will foster in people a sense of belonging to
continuum of heritage.
The artist will work with the City to establish an appropriate
location for the artwork, one that will facilitate people to come
and engage with the artwork.
Inspiration
HAY BARN
SUNDAY
SCHOOL
BARN
MAIN HOUSE
PICNIC
AREA
Attachment 2
147
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Plan View
N
0 8 ft
SCALE: 3/16” = 1’-0”
1
2
3
4
40 ft 25 ft
Planted steps with specimen tree
Crossroads marker
Community circle
Heritage Wall with seating
1
2
3
4
Attachment 2
148
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Elevation
0 4 ft
SCALE: 1/4” = 1’-0”
Planted Steps
Approaching the artwork, one sees three stepped tiers. The
amphitheater-like seating will allow people to sit and gaze out at
the beautiful park. The steps could be planted with no-grow grass,
which creates a softer look than mowed lawn.
A specimen tree will provide shade and mark the changing of the
seasons and the passing of time.
Attachment 2
149
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Two pathways cross at the center of the circular space. This is
point zero, the metaphorical Crossroads Marker, from which the
city grew. A circular steel plate marks this point. On the plate are
cutouts of the different names that were used to designate the
area: Amador’s, Dougherty’s Station, Murray Township, Dublin.
On the interior side of the planted steps, a semi-enclosed space—
the Community Circle—offers a place for quiet contemplation,
group gatherings, small concerts, educational classes, and
ceremonies, among others.
Crossroads Marker & Community Circle Attachment 2
150
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Heritage Wall
Elevation
0 4 ft
SCALE: 1/4” = 1’-0”
Defining the circular space are four concrete seatwalls that
symbolize the community, like a council circle. Like a long landscape
painting, four image panels will be inset into the face of the four
bench backrests. Intended to capture Dublin’s heritage, the panels
will roughly be divided into four time periods.
The artist will work closely with the Dublin Heritage Park &
Museums, the Dublin Historical Preservation Association (DHPA),
and other community groups to select the photographs and
documents for the image panels.
Attachment 2
151
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
The panels’ colors will change to parallel the
community’s changes over time. For example, the
first segment of the panels could be yellow (to
represent the dawn or beginning), then green for
the agricultural period, blue for early modern days,
and then transitioning back to green and yellow for
contemporary times (perhaps another dawn).
Overlaid on the images will be a motif of the outline
of hills. Though the human community of Dublin has
transformed over the years, the hills surrounding
the city have been a constant geographic feature
and a backdrop to evolving history. The hills motif
serves as a unifying element.
Heritage Wall
Elevation
0 2 ft
SCALE: 1/2” = 1’-0”
Seatwall 1
Seatwall 2
Seatwall 3
Seatwall 4
Attachment 2
152
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Attachment 2
153
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
PLANTED STEPS WITH SPECIMEN TREE
Concrete
Color to be complementary to historic buildings
Requires little maintenance
•
•
•
Materials Attachment 2
154
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Materials
HERITAGE WALL
Concrete
Color to be complementary to historic buildings
Wood board-form finish to evoke a rustic look
Requires little maintenance
•
•
•
•
IMAGE PANELS
Powder-coated aluminum panels
Vibrant colors and high-quality image reproduction
Tolerates extreme weather and fade-resistant
Requires periodic cleaning with soap and water
Fabricated in Canada
•
•
•
•
•
Attachment 2
155
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Materials
CROSSROADS MARKER
Weathering steel / COR-TEN
Naturally forms a rust-color finish
Text and patterns created by water-jet cutting
•
•
•
COMMUNITY CIRCLE
Decomposed granite•
Attachment 2
156
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
Preliminary Cost Estimate Schedule
Item Quantity Unit Cost Installed Cost
DESIGN
Artist fee (15%)1 15,000 15,000
MISC
Travel 1 1,000 1,000
Graphic production 1 4,000 4,000
Community workshops 1 3,000 3,000
subtotal 8,000
FABRICATION
Image panels (sq ft)54 50 2,700
Image panels shipping 1 1,000 1,000
Steel plate 1 5,000 5,000
subtotal 8,700
SITE WORK
Concrete work (cy)60 1,000 60,000
Image panel installation 1 1,000 1,000
subtotal 61,000
CONTINGENCY (10% of fabrication & site work)1 6,970 6,970
TOTAL 99,670
(100,000 budget)
Note: Estimate does not include demolition, paving, or landscape
Month 1 Contract awarded
Month 2 - 3 Design development
Community workshops, public engagement
Month 4 Construction document
Month 5 -7 Fabrication
Site work
Month 8 - 9 Fabrication complete
Site work complete
Project installation
Attachment 2
157
HERITAGE PARK PUBLIC ART OCTOBER 26, 2021
CROSSROADS OF TIME
Attachment 2
158
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 1
CITY OF DUBLIN
November 17, 2021
Client: City of Dublin, California
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
Parks & Community Services Department
925.556.4565
Prepared by Alison Leard, Director
Lauren Williamson, Studio Manager
Pacific Coast Conservation
2334 Colorado Blvd, Denver, CO 80207
310.383.4710
Submitted design
Pacific Coast Conservation is pleased to submit this public art procurement assessment of the
artistic features designed by Adan Romo proposed to be included in the City of Dublin public
art collection. The purpose of this review is to evaluate the work for viability of proposed
materials, location, and to determine anticipated maintenance requirements. Please note, this
assessment was based on information provided by the city and does not take any conceptual or
creative intentions into consideration when reviewing for sculptural conservation.
Attachment 3
159
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 2
Proposed Art: Artistic Features (6)
Artist: Adan Romo
Material: Bronze, stone pedestals
Dimensions: varying (roughly **)
Location: Heritage Park
6600 Donlon Way, Dublin, CA 94568
Artistic Features Description
The installation includes 6 individual but related sculptural elements, including artistic
renderings of a blacksmith shop, early Ohlone settlers, pioneer cemetery, farmers, gold miners
and settlers, and the Murray school house.
Materials
Surface
Bronze
There is no statement as to the type and quality of bronze used. The foundry noted by
the artist likely works with a high-quality silicone bronze, but this should be confirmed.
It is important to use quality bronze for the long-term preservation of the piece and to
allow for safe repairs if required.
Cor-Ten
Cor-Ten is a weathering steel intended to corrode in a relatively stable manner.
However, the corrosion of the steel can expedite development of corrosion on other
metals in close proximity, such as the proposed bronze. It is recommended to change
the material of the base to a stone. Stone will work well and have significantly fewer
maintenance concerns.
Weathering steel set directly into the ground will continue to corrode in areas where
moisture is held against the surface, such as with dirt and biological debris.
Structure
Because of the smaller elements, care should be taken to make sure they are not so thin
as to be able to be broken off. This could lead to losses to the artwork, and hazards to
the public.
It is recommended that the metal sculptures are attached with stainless steel pins,
epoxied into a stone base.
Site Considerations
Artwork Preservation
If stone is used for the bases, corrosion streaking may occur. If maintained on a regular
basis, it should not become visually distracting. To keep this from happening, the
interior should have a clear coat and caulking added to the connection point between the
Attachment 3
160
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 3
bronze and the stone. The caulking will keep the interior dry. Caulking will need to be
replaced approximately every 10 years.
If there are trees surrounding the artwork, they should be cut back to keep biological
material from dropping onto the surface of the artwork. Pollen and fruits from plants
and trees can cause staining. These small pieces will inevitably collect biological
materials. These should be removed as needed and not allowed to sit on the surface. We
do not want to encourage the public to place items on the surface of the artwork.
All surrounding sprinklers should be drip irrigation. No water should be sprayed
around or onto the artwork. Sprinkler water is often gray water, having unknown
pollutants that we want to keep off the surface of the sculpture.
When placing a piece close to a roadway, buildup from exhaust and general grime are
heavier. Chemicals found in these materials need to be cleaned away on a regular basis
to ensure continued protection of the surface of the bronze and glass. The site is also
relatively close to Interstate 580, which will increase buildup from exhaust also, so even
if the install site is moved from the corner of Dublin and Donlon, maintenance should
still be carried out 1-2 times per year. If waxing twice yearly isn’t possible because of
budgetary constraints, washing twice a year and waxing once a year should be
sufficient. This should be monitored over the course of the first 2-3 years to determine
whether the existing maintenance schedule is sufficient.
Public Access & Safety
Noted above, the small elements could be broken off. Care should be taken to make sure
the elements are thick enough that they cannot easily be broken.
Because the intent appears to be interaction with the public, discussions on the visual
appearance of the piece over time should be discussed with the artist. When the public
touches bronze, it slowly wears away the wax layer, lacquer layer, the patina and
eventually the metal itself. If the artist’s intent is to allow for these conditions, this
needs to be noted to avoid mitigation efforts.
Maintenance access
The proposed artworks are easily accessible for maintenance. No additional equipment
needed.
Water access is highly preferred when choosing a location for a sculpture. As most
require regular washing, this ensures that the work can be completed in a cost-effective
manner and that the cleaning is more thorough with the pressure from a hose.
Recommendations
Directly after installation, detailed high resolution photographs should be taken as
documentation. This allows for better conservation of the piece over time, ensuring preservation
of the artist’s original intent.
The city should keep all documentation of the artwork, including drawings and installation
specifications for reference.
Attachment 3
161
PA PROCUREMENT ASSESSMENT
Denver - Los Angeles 310.383.4710 www.pacificcoastconservation.com 4
Ongoing maintenance can greatly help in the reduction of corrosion and protection of the
surface from corrosion. Any areas of the bronze that have recesses that may collect water should
have a weep hole drilled to allow water to escape. These weep holes will need to be cleaned out
to ensure water is able to escape.
Maintenance & Budget
To ensure the piece stays in good condition and will have the longest life possible, it is highly
recommended to wash and wax the sculptures 1-2 times yearly. Care will need to be taken when
hot waxing to not heat up the stone.
Wax coatings deteriorate over the course of a year or two, depending on several factors such as
heat and public interaction. The wax will also hold onto exhaust buildup and grime when it’s
hot. If the piece is not waxed regularly, overtime the surface will become dry, will be more
susceptible to corrosion. It will also cause the lacquer coating to fail more quickly which will
result in a poor appearance and expensive treatments.
If the piece is lacquered, 1-2 year maintenance is still recommended to ensure the longest life
possible of the lacquer coating. Lacquer coatings last on average 10-20 years, depending on
maintenance, before it starts to fail. Failure of the lacquer coating can come in the form of
flaking and small bubbles that can be visually distracting. It is recommended to remove the
lacquer once it starts to fail and just keep the wax coating applied.
Frequency of maintenance is dependent on a variety of factors and varies between site location,
condition, and materials used. Most outdoor sculptures benefit from at least once a year
washing (and waxing for bronzes). This process of annual maintenance ensures no harmful
residues are building up, no site conditions have worsened, and the materials are protected.
Maintenance is preventative care that can prolong the structural and surface integrity of the
materials.
Item Time Rate Cost
Conservator 8 $ 125.00 $ 1,000.00
Materials 1 $ 50.00 $ 50.00
Documentation 1 $ 120.00 $ 120.00
Total Estimated Maintenance Cost x 1-2 times yearly $ 1,170.00
*Conservation treatment is not included in the considerations for costs in this assessment.
Conclusions
Overall, this piece is fairly well planned out and should hold up well over time if recommendations above
are followed. Considerations of note:
• 1-2 times yearly maintenance is critical in the ongoing care of the piece.
• Recommend changing the Cor-ten material to stone.
Attachment 3
162