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HomeMy WebLinkAboutStaff Report 5.B 08/07/2017Agenda Item #5.B DATE: August 7, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Brian Goggin for Public Art Services for the Water Street Public Art Project RECOMMENDATION It is recommended that the City Council adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement (PSA) with Brian Goggin for Public Art Services for the Water Street Public Art Project. BACKGROUND The Petaluma Public Art Master Plan (PAMP), adopted by the City Council through Resolution 2013-064 N.C.S., includes detailed recommendations for enhancing Petaluma's public art program. According to the PAMP, the City of Petaluma's public art program is committed to enhancing the appearance and cultural richness of the City by incorporating works of art into public spaces and fostering art within public view or access in private developments. The public art program encourages the use . of art to celebrate the City's rich history, its significant environmental assets, and the diversity of its community as well as to salute creativity, innovation, and artistic excellence. Among other things, the PAMP identifies sites for future public art projects on public property through the use of monies from the public art fund. After adoption of the PAMP, the Petaluma Public Art Committee (PPAC) considered an artist solicitation process for a public art project at the plaza near the Water Street Bridge, a site identified in the PAMP for future public art. In December 2014, the PPAC issued the Water Street Public Art Request for Qualifications (RFQ). The Water Street Public Art RFQ sought qualifications from artists or artist teams for the commission and installation of a site-specific, original, outdoor art piece for the riverfront area in downtown Petaluma with an all-inclusive budget of up to $150,000. From the submitted application materials, the PPAC selected five (5) finalists to receive the subsequent Water Street Public Art Request for Proposals (RFP). The Water Street Public Art RFP invited finalists to submit detailed site-specific public art proposals for the project. After reviewing site-specific concepts, the PPAC selected two (2) finalists to participate in a community open house event held on April 14, 2016. Ultimately, after garnering input from stakeholders and the community, the PPAC found that neither proposal sufficiently met the intent of the RFQ and elected to end the process without selection of a final artist. Page 1 Subsequently, the PPAC revised the Water Street Public Art RFQ process to address lessons learned during the previous artist solicitation effort, as well as incorporate public art best practices found within other local jurisdictions. As part of the modified process the PPAC appointed a group of eleven (11) stakeholders, many of whom were involved during the previous effort, to make up the Water Street Public Art Selection Panel. The Selection Panel was tasked with reviewing complete artist submissions and selecting one (1) finalist, based on a set of selection criteria outlined in the RFQ, for recommendation to the PPAC. Selection Panel members included: 1. Bill Wolpert, Petaluma Planning Commission 2. Caroline Hall, PPAC Chair 3. Catherine Alden, PPAC Member 4. Chris Lynch, MAD Architecture 5. Dave King, Petaluma City Council 6. Ingrid Alverde, City of Petaluma Economic Development Manager 7. John Fitzgerald, Petaluma River Authority 8. Kathleen Weber, Della Fattoria 9. Murray Rockowitz, Murray Rockowitz Studio 10. Sandy Reed, Z4 Landscape Architects 11. Susan Starbird, Petaluma River Advocate On October 13, 2016, the PPAC reissued the revised Water Street Public Art RFQ (Attachment 2). On February 9, 2017, the Selection Panel reviewed the sixty-five (65) complete RFQ submissions and ultimately invited six (6) finalists to interviews. The Selection Panel held interviews with the finalists on April 12 and April 18, 2017, and after continued deliberation recommended a tie vote of two (2) artists to the PPPAC: artists David Best of Petaluma and Brian Goggin of San Francisco. Consequently, the PPAC considered the Selection Panel's tie and elected to invite the artist for interviews with the Committee. On May 31, 2017 the PPAC interviewed David Best and Brian Goggin, and ultimately selected Brian Goggin as the project finalist for recommendation to the City Council for consideration of contract award. More information is provided under the discussion below regarding the selection of Brian Goggin. In addition, the Committee expressed a shared admiration of David Best's artwork and his ability to engage local and/or aspiring artists as part of the design and development process. The PPAC also recognized that David Best's close ties with the Petaluma artist community would be a valuable asset when considering other future public art installations. Therefore, the PPAC correspondingly voted to invite David Best to explore commissioning a piece of his art at an alternative site identified in the PAMP. DISCUSSION The PPAC recommended artist Brian Goggin for contract award of the Water Street Public Art project, based on the following selection criteria outlined in the Water Street Public Art RFQ: Page 2 1. The artist exhibits strong artistic merit as evidenced by submitted RFQ materials. 2. The artist has extensive experience creating artworks in public spaces, as evidenced by submitted RFQ materials and through interviews during the RFQ selection process. 3. The artist demonstrates interest in and an understanding of the Water Street Public Art project, including acknowledgement of the unique features and history of the Petaluma riverfront. 4. The artist shows experience working with architects, landscape architects, planners, engineers, etc. in designing for public art projects with complex and technical parameters. 5. The artist displays evidence of a track record and ability to successfully work with a projected timeline and budget. 6. The artist demonstrates strong written and visual communication skills. 7. The artist has specified availability and an ability to work for the term of the project. Upon City Council approval of the attached Resolution, Brian Goggin will begin the Design Development Phase for the Water Street Public Art project involving the following (dates are estimated timeframes of completion): • Research & Outreach (June to October 2017). Artist will conduct extensive research to study local themes and ideas to inform the development of a site-specific public art concept. This stage will include a walking tour with the PPAC, City representatives, and stakeholders to discuss any development limitations at the site. Additionally, the Artist will lead a minimum of two community outreach events (i.e., one community tour, one coffee meet -up) to share individual perspectives on site context, important historical considerations, stories, and other relevant information. • Develop Draft Site -Specific Concept (October 2017 to February 2018). Based on feedback during the research and outreach stage, the Artist will develop a draft site- specific public art concept for review by the PPAC, City representatives, and stakeholders. A Community Open House will also be organized to provide a venue for community feedback on the draft public art concept. Develop Final Site -Specific Concept (February 2018). After the Community Open House, the Artist will finalize the public art concept for permitting, fabrication, and installation. • Permitting, Fabrication, and Installation (March 2018 to Jul 2�). Provide construction documents and obtain necessary permits to install the public art piece(s). Artist will fabricate and install the public art piece(s). • Completion August 20191 A public ceremony will be held to unveil the art piece(s) upon installation. Further details regarding the project scope of sei vices is provided at Attachment 1, Exhibit A-1. Page 3 Public Resources Code §21084 requires the California Environmental Quality Act (CEQA) Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be considered exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources has defined classes of projects, listed at Article 19 of the CEQA Guidelines, which do not have a significant effect on the environment and, therefore, are declared to be categorically exempt from the requirement for the preparation of environmental documents. Based on current information available, the proposed public art project appears to be categorically exempt from the provisions of CEQA under CEQA Guidelines §15303 (New Construction or Conversion of Small Structures) and by the General Rule (CEQA Guidelines §15061(b)(3)). The project will involve the construction and location of one or more small structures along Water Street within a city owned right-of-way, and does not appear to have the potential for causing a significant effect on the environment. The project also does not trigger any of the exceptions to the exemption outlined in CEQA Guidelines §15300.2. FISCAL IMPACTS The proposed contract expenditure is $150,000.00 from the Public Art Fund. This expenditure was anticipated and is currently included in the City's FY 17/18 proposed budget. ATTACHMENTS Attachment 1: Resolution Authorizing City Manager to Execute PSA Exhibit A: Professional Services Agreement Exhibit A-1: Scope of Services Exhibit A-2: Insurance Requirements for Consultants Exhibit A-3: City of Petaluma Living Wage Ordinance Attachment 2: Water Street Public Art Request for Qualifications (RFQ) Attachment 3: RFQ Submission Materials for Brian Goggin Page 4 ATTACHMENT 1 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRIAN GOGGIN FOR PUBLIC ART SERVICES FOR THE WATER STREET PUBLIC ART PROJECT WHEREAS, on June 17, 2013, the City Council of the City of Petaluma adopted the Petaluma Public Art Master Plan (Resolution 2013-064 N.C.S.), created by the Petaluma Public Art Committee with consultant Chandra Cerrito/Art Advisors LLC; and WHEREAS, the Petaluma Public Art Master Plan includes detailed recommendations for enhancing Petaluma's public art program, including the identification of sites for future public art projects on public property; and WHEREAS, the Petaluma Public Art Master Plan identifies the Plaza near the Water Street Bridge as a site, among others, for future public art on public property, and the City of Petaluma may implement a public art project on public property using the Public Art Fund as outlined in the Public Art Master Plan; and WHEREAS, in 2014 the Petaluma Public Art Committee decided to develop a Request for Qualifications and Request for Proposals process for a public art project, using the Public Art Fund, at the Plaza near the Water Street Bridge site; and WHEREAS, in December 2014, the Petaluma Public Art Committee issued the Water Street Public Art Request for Qualifications, and subsequently selected five (5) finalists to receive the Water Street Public Art Request for Proposals for submission of site specific art concepts; and WHEREAS, the Petaluma Public Art Committee selected two (2) of the five (5) finalists from the Request for Proposals process to participate in a community open house event held on April 14, 2016, and subsequently, after garnering input from stakeholders and the community, found that neither proposal sufficiently met the intent of the Request for Qualifications/Proposals and elected to end the process without selection of a final artist; and WHEREAS, during the Spring and Summer of 2016, the Petaluma Public Art Committee revised the Water Street Request for Qualifications process to both address lessons learned during the previous artist solicitation effort and incorporate public art best practices found within other local jurisdictions; and WHEREAS, as part of the modified Request for Qualifications process, the Petaluma Public Art Committee appointed a group of local stakeholders to comprise the Water Street Public Art Selection Panel, which was tasked with reviewing complete artist submissions and selecting one (1) finalist based on a set of selection criteria for recommendation to the Petaluma Public Art Committee; and WHEREAS, on October 13, 2016, the Petaluma Public Art Committee reissued the revised Water Street Public Art Request for Qualifications; and WHEREAS, on February 9, 2017, the Water Street Public Art Selection Panel reviewed all complete Request for Qualifications submissions and invited six (6) finalists for subsequent interviews, and on April 12, 2017 and April 18, 2017, the Selection Panel interviewed those six (6) finalists and after continued deliberation recommended a tie vote of two (2) artists, David Best of Petaluma and Brian Goggin of San Francisco, to the Petaluma Public Art Committee; and WHEREAS, at their Regular Meeting of April 27, 2017, the Petaluma Public Art Committee considered the tie vote and elected to invite the two (2) remaining artists for subsequent interviews with the Committee; and WHEREAS, at a special meeting on May 31, 2017, the Petaluma Public Art Committee interviewed David Best and Brian Goggin, and ultimately selected Brian Goggin as the project finalist for recommendation to the City Council of the City of Petaluma for consideration of contract award through a Professional Services Agreement; and WHEREAS, on August 7, 2017, the City Council held a duly noticed public hearing to consider the contract award of a Professional Services Agreement with Brian Goggin for Public Art Services for the Water Street Public Art Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, on August 7, 2017 and prior to acting on this request, the City Council considered the staff report analyzing the Professional Services Agreement request, including the California Environmental Quality Act ("CEQA") determination included therein; and WHEREAS, on August 7, 2017 the City Council approved this Resolution authorizing the City Manager to execute the Professional Services Agreement, attached hereto as Exhibit A, with Brian Goggin for Public Art Services for the Water Street Public Art Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Petaluma Public Art Committee recommended Brian Goggin ("the artist") for contract award of the Water Street Public Art project, based on the following selection criteria outlined in the Water Street Public Art Request for Qualifications (RFQ): a. The artist exhibits strong artistic merit as evidenced by submitted RFQ materials. b. The artist has extensive experience creating artworks in public spaces, as evidenced by submitted RFQ materials and through interviews during the RFQ selection process. c. The artist demonstrates interest in and an understanding of the Water Street Public Art project, including acknowledgement of the unique features and history of the Petaluma riverfront. 1,2— d. The artist shows experience working with architects, landscape architects, planners, engineers, etc. in designing for public art projects with complex and technical parameters. The artist displays evidence of a track record and ability to successfully work with a projected timeline and budget. £ The artist demonstrates strong written and visual communication skills. g. The artist has specified availability and an ability to work for the term of the project. 3. Based on its review of the entire record herein, including the August 7, 2017 City Council staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the City Council hereby authorizes the City Manager to execute the Professional Services Agreement, attached hereto as Exhibit A, with Brian Goggin for Public Art Services for the Water Street Public Art Project in an amount not to exceed $150,000.00 for a two (2) year term terminating August 7, 2019, with a possible one year one time extension, upon provision of certificates of insurance and other required documentation acceptable to the City Attorney and City Risk Manager. f-3 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Water Street Public Art Project (Title of Project) FY Fund # Cost Center Object Code Project # Amount $ For multi-year contracts or contracts with multiple accounts: FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a city use only) municipal corporation and a charter city ("City") and Brian Goggin, a Public Artist ("Artist") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Artist providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Artist shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A-1" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Artist in accordance with the rates specified in Exhibit A-1 (Scope of Services). B. Artist shall submit written request for payment at the initiation of each deliverable as specified in Exhibit A-1 (Scope of Services). No further payment for subsequent deliverables shall be authorized until the artist has demonstrated completion of the previous deliverable to the satisfaction of the City. Payment of the final deliverable shall not be issued until the completion of the project in its entirety. C. Artist shall be compensated for services in addition to those described in Exhibit A-1, only if Artist and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $150,000 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Artist shall not be paid any compensation until such time as Artist has on file with the City Finance Department a current 1 A01 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 W-9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. E. City's obligation to pay compensation to Artist as provided herein is contingent upon Artist's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on August 7, 2019, unless sooner terminated in accordance with Section 4. Artist may be granted a one (1) year, one-time extension if deemed necessary by mutual agreement, in writing, of the parties. Upon termination, any and all of City's documents or materials provided to Artist and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Artist or Artist's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Artist shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Artist shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Artist shall be liable to City for any excess cost City incurs for completion of the Services. 5. Artist's Representation; Independent Contractor. Artist represents that Artist possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Artist shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Artist and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Artist shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Artist no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Artist shall, at Artist's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Artist shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Artist's obligations pursuant to this Agreement. 2 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 9. Inspection. Artist shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Artist of any of its obligations pursuant to this Agreement. 10. ProLyress Reports. Upon the City's request, Artist shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Artist's performance of the Services. 11. Confidentiality. In the course of Artist's employment, Artist may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Artist shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Artist represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Artist filrtlher covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Artist represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Artist will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Artists are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Artists subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Artist agrees to comply fully with all such requirements to the extent they apply to Artist's performance of the Services. 13. 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. 14. Standard of Performance. Artist shall perform all the Services in a manner consistent with the standards of Artist's profession. All instruments of service of whatsoever nature, which Artist delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Artist's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. AssiLynment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Artist shall directly perform all Services, other than those specifically referred to in the Scope of Services as being done by subcontractors, and shall not 3 A-3 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Artist shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Artist's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Artist shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A-1 will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit A-1, which is attached to and made a part of this Agreement. 19. Living Waize Ordinance. Without limiting the foregoing Section 17, Artist shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Artist shall promptly provide to the City documents and information verifying Artist's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit A-3, shall be a part of this Agreement for all purposes, and Artists that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit A-3 in accordance with the requirements of the Living Wage Ordinance. Artist's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Artist shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: 4_t4 4 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petaluma.ca.us And: City of Petaluma — Planning Division Heather Hines, Planning Manager 11 English Street Petaluma, California 94952 Phone: (707) 778-4316 Fax: (707) 778-4498 Email: bhines@ci.petaluma.ca.us Artist: Brian Goggin 499 Alabama Street Studio #123 San Francisco, California 94110 Phone: (415) 377-7549 Fax: N/A Email: gog@metaphorm.org 22. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Artist without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 23. Indemnification. To the maximum extent permitted by law, Artist shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all alleged 5 4 -5 - PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES . (1037730) March 2017 liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Artist's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. The Artist's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Artist's inability to evaluate Liability, or because the Artist evaluates Liability and determines that the Artist is not or may not be liable. The Artist must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Artist fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Artist under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Artist accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Artist prior to Artist's acceptance of tender, Artist agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Artist waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Artist arising out of or in connection with the Services or Artist's failure to comply with any of the terms of this Agreement. The Artist's responsibility of such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Artist's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Artist's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Artist shall comply with the "Insurance Requirements for Artists" in Exhibit A-2, attached hereto and, incorporated herein by reference. 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Artist's services hereunder, Artist, upon request from City, agrees to testify therein at a reasonable and customary fee. A PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (1037730) March 2017 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Artist's Books and Records. A. Artist shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Artist pursuant to this Agreement. B. Artist shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless, an alternative is mutually agreed upon, the records shall be available at Artist's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Artist's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be 7 4- rl PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Artist, Artist's representatives, or Artist's successor in interest. 34. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 35. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Artist shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the, exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney file name: ARTIST By Name Title Address City State zip Taxpayer I.D. Number Petaluma Business Tax Certificate Number min 01 mosub 8 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) March 2017 EXHIBIT A-1 CITY OF PETALUMA WATER STREET PUBLIC ART PROJECT SCOPE OF SERVICES Brian Goggin 499 Alabama Street, Studio #123 San Francisco, California 94110 (415) 377-7549 gog@metaphorm.org PURPOSE To create and install a site-specific public art piece(s) at Water Street between East Washington Street and Western Avenue (see attached project site map). BACKGROUND The Petaluma Public Art Master Plan (DAMP), adopted by the City Council through Resolution 2013-064 N.C.S., includes detailed recommendations for enhancing Petaluma's public art program. According to the PAMP, the City of Petaluma's public art program is committed to enhancing the appearance and cultural richness of the City by incorporating works of art into public spaces and fostering art within public view or access in private developments. The public art program encourages the use of art to celebrate the City's rich history, its significant environmental assets, and the diversity of its community as well as to salute creativity, innovation, and artistic excellence. Among other things, the PAMP identifies sites for future public art projects on public property, whereas the City may implement a public art project on public property using monies from the public art fund. The Petaluma Public Art Committee (PPAC) initiated an artist solicitation process for a public art project at the plaza near the Water Street Bridge, a site identified in the PAMP for future public art. In December 2014, the PPAC issued the Water Street Public Art Request for Qualifications (RFQ). The Water Street Public Art RFQ sought qualifications from artists or artist teams for the commission and installation of a site-specific, original, outdoor art piece for the riverfront area in downtown Petaluma with an all-inclusive budget of up to $150,000. As a result of the release of the Water Street Public Art Request for Qualifications (RFQ) on October 13, 2016, and the subsequent process, the PPAC selected artist Brian Goggin as the project finalist for recommendation to the City Council for contract award. Upon City Council approval, Brian Goggin will begin the Design Development Phase for the Water Street Public Art project as outlined in the following scope of services. SCOPE OF SERVICES Brian Goggin (Artist) will design, fabricate, and install a site-specific public art project for the City of Petaluma to be located along Water Street, at a location to be determined between East Washington Street and Western Avenue/Balshaw Bridge. The project is expected to conclude in the summer of 2019. MIF DELIVERABLE 1: RESEARCH & OUTREACH 1A) Research Project Site. The Artist has already started to, and will continue to, conduct research at the Petaluma Historical Library & Museum and on-site to study local themes and ideas. Research will be carried out individually and with interested members of the Petaluma community. This includes researching local materials used for architecture, transportation, local craft and fabrication methods, stories, images, and characters related to the site. 1B) Walking Tour. Artist will attend a walking tour of the project site with the PPAC, City representatives, and stakeholders to discuss any site-specific proposal development limitations (e.g., materials, placement, size) and to ask any questions related to the site or project prior to developing the site-specific public art concept. Artist will also invite Selection Panel members from the Water Street Public Art RFQ selection process to share thoughts about important site elements. 1C) Community Outreach. In addition to his personal research process involving one-on-one meetings with members of the public, the Artist will lead a minimum of two (2) public meetings. These public meetings will involve inviting all interested community members to participate in the research process by sharing individual perspectives prior to designing the draft site-specific art concept. The Artist will ask attendees to share impressions of important aspects of the project site and local history to inform the design of the artwork. The Artist will work with PPAC, Selection Panel members, and City staff to advertise the public meetings and other outreach opportunities. This task includes the following meetings (dates to be determined): Meetina #1: Communitv Tour with Artist Members of the public will be invited to meet the Artist for one (1) community -guided tour of the project site. The community will contribute a local perspective of site context, comments related to the space, stories, photos, and any information they feel is important to better understand the site. The Artist and his assistant will take notes on a large notepad. The Artist will be available on-site for a minimum of one and a half hours. Meeting #2: Coffee Meeting with Artist The Artist will hold a minimum of one (1) scheduled coffee chat at a location to be determined. There he will be available to listen to community members' thoughts, hopes, and concerns related to the permanent public artwork installation. The community will also be invited to bring additional information to share. If the coffee meet -up event will draw a larger crowd, the Artist is open to holding an alternate community meeting at a larger venue. DELIVERABLE 2: DEVELOP DRAFT SITE-SPECIFIC CONCEPT 2A) Develop Draft Site -Specific Concept. Based on feedback received under Deliverable 1, the Artist will develop a draft site-specific public art concept for review by the PPAC, City, and stakeholders as outlined below. 2B) Review Draft Concept with PPAC/City Representatives/Stakeholders. Meeting with the PPAC, City representatives, and stakeholders to review the draft site-specific concept. 2C) Revise Draft Concept. Revise draft site-specific concept as needed per PPAC/City/Stakeholder input. 2D) Community Open House. Present the draft site-specific concept to the community during an open house event to gain community input and insight prior to finalizing the concept. A-( DELIVERABLE 3: DEVELOP FINAL SITE-SPECIFIC CONCEPT 3A) Develop Final Site -Specific Concept. Finalize the site-specific concept as necessary based on input gathered at the community open house or otherwise. Final art concept shall be reviewed by the PPAC prior to commencing permitting, fabrication, and installation. DELIVERABLE 4. PERMITTING, FABRICATION, & INSTALLATION 4A) Construction Permitting. Provide to -scale construction documents accompanied by either a 3D rendering or model (if applicable), and obtain necessary permits to install the public art piece(s) (e.g., encroachment permit). 4B) First % of Fabrication. Fabricate public art piece(s) within the agreed upon time frame and up to approximately 50% completion. 4C) Second % of Fabrication. Fabricate public art piece(s) within the agreed upon time frame and to 100% completion. 4D) Installation. Install the public art piece(s) within the agreed up on time frame. During all stages under section 4, Artist may utilize subcontractors, in accordance with the relevant terms of the Professional Services Agreement. DELIVERABLE 5. COMPLETION 5A) Unveiling Ceremony. Attend a public ceremony to unveil the art piece(s) upon installation. EXPECTED TIMEFRAME & BUDGET DELIVERABLE I EXPECTED TIMEFRAME COST ------------ ---- - - - - - 1. RESEARCH &OUTREACH IA) Research Project Site June October 2017 $5 000 - -------- -------------------- --------------- ------------- I B) Walking Tour------------------------------------------------------------------------ ---- June — October 2017 --------- included 1C) Community Outreach June — October 2017 f included 2A) Develop Draft Site -Specific Concept October — November 2017 ----___-1_ --- _------------ - ---- - ------ ____-_-_ $5�______. 000 213) Review Draft Concept with PPAC/ City December 2017 — January 2018 included Representatives/ Stakeholders 2C) Revise Draft Concept December 2017_— January 2018_ included 2D) Community Open House January__ February 2018 included 3. DEVELOP FINAL SITE-SPECIFIC CONCEPT ------------ 3A) Develop Final Site -Specific Concept I................... February 2018 I _ $10,000 4 _PERMITTING, FABRICATION, & INSTALLATION -------------------------------------- ----- -------------------- 4A) Construction_Permitting -------------------------------------------------- March- May 2018 _ _ $30,000 4B) First'h of Fabrication................................................._ June — December 2018 ---- 4C) Second %2 of Fabrication December _ June 2019 _ _-$45,000 $35,000 4D) Installation------------------------------------------- ---------------------------------- --- June- — 2019 $10,000 5. COMPLETION __---_--__ -July _ -- -- ------- _ SA) Unveiling Ceremony -------------------------------------- - August 2019I $ 000 --------------------L!. TOTAL --------- $150,000 ' 1. The all-inclusive award amount is $150,000 for the artwork. This budget includes artist fees, design fees, travel expenses, all materials and fabrication cost, lighting, insurance costs, site -preparation costs, traffic control costs, engineering expenses, shipping and transportation to site, installation, any applicable permit fees and taxes, any costs associated with the development of a site-specific concept, and any other expenses related to the design including fabrication and installation. The artwork and all rights to it shall be owned by the City of Petaluma. A-11 WATER STREET PUBLIC ART PROJECT INSURANCE REQUIREMENTS EXHIBIT A-2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. A -i3 Exhibit B-1 Page 1 of 3 INSURANCE REQUIREMENTS (City) August 2015 D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be called upon to protect it as a named insured. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Exhibit B-1 n "l q Page 2 of 3 INSURANCE REQUIREMENTS (City) August 2015 F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit B-1 A-1 Page 3 of 3 INSURANCE REQUIREMENTS (City) August 2015 EXHIBIT A-3 ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement") between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. • Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: (Print Name of Covered Entity/Business Capacity) By (Print Name) /s/ (Signature) Its (Title /Capacity of Authorized Signer) Date: m Page 2 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMIVIISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": ATTACH ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: ,4'411q Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 page left blank CITY UPETALUMA OVERVIEW The city of Petaluma Public Art committee (PPAC) is reissuing this Request for Qualificatio (RFQ) and is seeking qualifications from artists or artist teams for the commission an installation of site-specific, original, outdoor art for the Water Street riverfront area in downtow n,l Petaluma. The budget for the project is $120,000 to $150,000 and is all-inclusive. A Selectio .I. Panel will review complete RFQ applications, and subsequently invite up to five finalist to interview with the panel. Ultimately, one artist/artist team will be awarded the contra( to enter into the Design Development Phase and develop one or more site-specific publi art concept(s) for the Water Street riverfront area. Futher details are provided in this RFC) 1111gipi 1�1;p ip� � 11111� pip ;��:q 111�1 INTRODUCTION AND BACKGROUND As stated in the Public Art mission statement of the Petaluma Public Art Master Plan ffijtl��L 013. df), adoptedJune 17, 2013 by the Petaluma City Council by Resolution 2103-064 N.C.S., the Cipys public art program is committed to enhancing the appearance and cultural richness of the City by incorporating works of art into public places and fostering art with public view. Using the Public Art Fund, the City may implement a variety of public art projects on public property. The Master Plan lists several zones in the City for future public art projects, including parks, plazas, municipal facilities, pedestrian and recreational pathways, gateways and roadways. Civerseveral public meetings, the PPAC evaluated publicart locations usihgsite categories identified in the Master Plan. The site proposed for this RFQ Is Water Street between East Washington Street and Western Avenue. This location was identified under the plaza site category in the Master Plan. The Master Plan notes that plazas provide outdoor open spaces within the built environment. They offer pedestrian -oriented areas of respite and gathering as well as visual focus, often within busy retail, commercial or mixed-use environments. Public art associated With plazas should accomplish the following- • Enliven public spaces by adding focal interest, whimsy, humor and/or beauty • Help identify the plaza and its vicinity, creating a sense of place • Strongly consider the range of the City's historical, physical attributes, and demographic and social characteristics • Encourage enjoyment and celebration of the human spirit and artistic creativity ul =# RHERNKS U611111 r-14110JURTITINS ZW ( A'` ` CITY OF PETALUMA • Create orienting public artworks that lessen the visual clutter of the urban setting • Ensure artwork is durable and physically accessible to a diverse audience Ensure ease of maintenance access for artwork When determining the artworWs scale, consider as the pedestrian perspective and vehicular perspective, if the plaza is also visible from nearby streets In December of 2-014, the PPAC originally issued the Water Street RFQ. This process originally included a Request for Proposals (RFP) stage where four final artists developed site-specific concepts for the project site. Two finalists were later selected to showcase their concepts to the community, however the PPAC ultimately found that neither of the final concepts su or showcased the intent of the Water Street RFQ/RFP and ended the process without selection of a final artist. This RFQ is being re -issued to all those eligible to apply, and exhibits a modified site- specific concept development and contract award process, as outlined below. PROJECT INTENT AND LOCATION 11 , as e FF an, e e aming iegisia F FA (kL--, a L I ki Zoning Ordinance The City's public art fund Is generated through payment of the required 1 o/o public art in lieu fel for non-residential projects with construction costs greater than $500,000. As outllZ in lZ Section 18.190, use of monies held in the public art fund are limited to: I • Cost of installing public art on public property, including the cost of commissioning or otherwise acquiring and providing and preparing sites for public art • The cost of public art lighting • The cost of public art identifying plaques • The cost of maintaining public art • The cost of supporting publicly accessible art exhibits • The cost of documenting the City's public art program and promotion of the program through education, publicity and outreach • The cost of conserving the City's public art collection • The cost of planning and administering the City's public art program • 10-f-10"AFA ni-0.1 ro L*9111111mml dtawr.�l [JERI I - Page 4 CITY OF PETALUMA Fabrication, transportation, and installation of artwork(s) subject to the City of Petaluma Department of Public Works bidding requirements, and Prevailing Wage as necessary, Submittal of documentation images, specific media information, and a comprehensive maintenance/operations report, • Participation in •## •• ceremony and/or outreach to press if requested, and • Coordination with the PPAC and City staff as required. llllql��� 11111111111 ilill i llli� ill 11 iiiiii Design Development Phase support of the PPAC and City representatives. This phase will include: -a a r4r. '141rda-:111-6 Waterfront Plaza Area - Petaluma, CA W I M. CITY OF PETALUMA Fabri ationlinstallation/Completion, The artist/artist team will fabricate the public a and install the art piece(s) on Water Street within the agreed-upon time frame. Th PPAC may choose to hold a ceremony to unveil the public art piece upon installation, which the artist/artist team would be expected to attend. I The selected artist will receive a contract for design services fabrication, and installation service An all-inclusive award amount of $120,000 to $150,000 for the artwork Is projected. This budg includes artist fees, design fees, travel expenses, all materials and fabrication cost, lightin insurance costs, site-prepa ration costs, traffic control costs, engineering expenses, shipping an transportation to the site, installation, any applicable permit fees and taxes, any costs associate with the development of site-specific conceptd (s), anany other expenses related to the clesig including fabrication and installation. The artwork and all rights to it shall be owned by the City.1 HOW TO APPLY I V iffil iffiffl! 11 1 1 Ilyll BEE= 1. RFQ Cover Sheet, Please complete and submit the RFQ Cover Sheet, as provided in Attachment A of this RFQ. The form must be signed to be acceptable. 2. Letter/Statement of Interest. Describe in one page your interest in the project and preliminary ideas for how you would approach this project. The letter should demonstrate your understanding of the project site, and any historical or otherwise unique features of the riverfront area you wish to highlight that could be incorporated into a site-specific concept. You do not need to submit a site-specific concept as part of your RFQ application. 3. Current Resume(s). If submitted as a team, please identify the team leader and include resumes for each team member, with each resume being no longer than three pages. Resume(s) should reflect artist experience designing, fabricating, and installing artwork in outdoor public settings. Resume(s) should include information regarding past public art commissions, design team experience, exhibitions, awards, grants, and education. 4. images of Past Work & Annotated Itnage List. Artists/artist teams must submit up to ten images of relevant work samples. Please submit pdf or jpeg files with a minimum 72 DPI resolution. Every image file must be titled first With the number of the image in the order to be viewed, followed by the artist's last name (for example- 01 -Smith; 02 -Smith). Number must correspond to an annotated image list. images should be labeled with the title of the piece, the specific medium, the dates, and the dimension of the art. Artists applying as a team may only include examples of existing collaborative work. 5. Three Professional References. References should have an intimate knowledge of your work and working methods in public settings. Please include name, affiliated organization (if appropriate), address, phone number, and email address for each inddual. Please indicate relationship to each reference. �_q Z=* O(W` CITY OF PETALUMA The proposal must be submitted via email. Emails including all attacbments shall hot be large than 25 MB in size. If vou wish to submit materials over this size, other arrangments may be accommodated in advance of the deadline With City staff, Hardcopy and/or handwritten materials will not be reviewed. Application materials must be received by November 15, 2016, 5:00 p.m. PST and be addressed to: Petaluma Public Art Committee City of Petaluma, Planning Division Attention: Jacqueline overzet joverzet@cl.petaluma.ca.us WORKING SCHEDULE 13 lam -.n- October 13, 2016 RFQ Application Deadline ov ember 15,2016 at 5 p.m. (PST) City Review for Completeness---- November to December 2016 Selection Panel RevieW lanuary 2017 February 2017 Finalist Selection & Contract Reward Spring 2017 Concept Development Summer to"'Fall-2-017- Community Open House as Final Concept & Approval Fall to Winter 2017 &=tUAV'LW'1AR111me'"I Fabrication and Installation 0 Winter 217 Winter 2017 to Spring 2018 Com letion Summer 2018 ADDITIONAL INFORMATION -17ffe—affi-s-Vartist team seiectect triroug Is I process must agree to maint7in =aiff7y insurance as set forth in Exhibit B of the Cit)(s Standard Professional Services Agreement (attached as Attachment B to this RFQ) which will insure and indemnify the artist(s) and the City of Petaluma during the term of the contract and for one year after acceptance of the project, unless the requirement is waived by the City of Petaluma. • The City of Petaluma is not obligated to select a finalist from the submitted RFQs. • Submitting an application to this RFQ does not constitute an expressed or implied contract, Artist submitting qualifications will receive written notification of the results of the selection process. 0 Application materials will not be returned. Page 10 M CITY OF PETALUMA If you have questions or need any additional information, please contact Jacqueline Overzet, Associate City Planner, at (707)778-4387 RFQ ATTACHMENTS Attachment A. RFQ Cover Sheet Attachment B. City's Standard Professional Services Agreement M Page 11 city of petaluma requestforquallfications water street riverfront public art Installation application cover sheet t s s Name: Brian Goggin Address.- .** Alabama • s #123 San Francisco, CA 94110 Phone(s)- 415-377-7549 Website, www:metaphorm.or i If an artist team, please list all other members: Please check the following items o indicate they are attached. X Letter/Statement of Interest Current Resume(s) Images of Past Werk & Annotated Image List' Three Professional References MMMMMM • all information provided within this application is true and correct, • you have reviewed the City's Standard Professional Services Agreement provided as Attachment B to the Water Street RFQ, and if selected as the final artistlattist team, you agree to enter into such agreeement with the City without modifications, and • If selected as the final affistlartist team, you agree to maintain liability insurance as set forth in Exhibit B of the City's Standard Professional Services Agreement (attached as Attachment B to the Water StreetRFQ). Artist or Head of Organization Signature: Type or Print Name. Bdan Goggin Date- W14/2016 M I am writing to express my interest in the public art project for Petaluma's IT'ater Street. Since 1991, 1 have been creating award-winning artworks for public and private commissions, museum and gallery installations. I welcome the opportunity to create a landmark public artwork for the City of Petaluma that will offer a sense of place and enhance the character of Water Street. 1 will develop a vision for your Ott at ways to include an element of light so the work is also active at night. My goal is to create layers of interaction and perspective with the way one experiences my artworks at day vs. night, visually vs. aurally or via analog vs. digital. Caruso's Dream (2014), a site-specific permanent installation in San Francisco ' is inspired by opera singer, Enrico Caruso's, somnambulant experience during the 1906 earthquake. A sculptural canopy of glass t IftdbRMiI__-T&ir& i �ns :MJL-T:MJ mblft as one of the best public artworks in the country by Americans for the Arts. M I have proven to be a successful collaborator and enjoy working with development, design and construction teams on large and complex projects. My team includes experienced structural engineers, designers, fabricators, lighting designers, software programmers, installers and community facilitators. I am accustomed to working with public agencies, art commissions and staying within a construction schedule and budget. Thank you for the opportunity to be considered for the Water Street project. Kind Regards, Brian Goggin BRIAN GOGGIN 499 Alabama St, Studio 322 San Francisco, CA 94110 (415) 377-7549 gog@metaphorm.org www.metaphorm.org Bio Born in 1966, Pomona, California. Lives and works in San Francisco, California Education 1991-1993 Apprentice to sculptor David Mach. Constructed sculptural installations in Poland, France, and Great Britain 1988-90 San Francisco State University Bachelor of Fine Arts, magna -cum -laude Bachelor of Arts, English literature 1986-88 Homerton College, Cambridge University, England Commissions 2014-2016 - Meghalaya Sacramento Metropolitan Arts Commission, Fire Station 43, Sacramento, California 2012-13 - Caruso's Dream Avalon Bay Developers, Black Rock Arts Foundation (art consultants) Ninth and Market Street, San Francisco, California 2009-13 - ICE and Preserve 24 Lower East Side, New York (private commissions) 2008-2009 - Speechless Lafayette Public Library, Lafayette, California 2006-2008 - The Language of the Birds San Francisco Arts Commission, Broadway and Columbus Plaza, San Francisco, California 2005-2006 - Traffic of Ideas Seattle Arts Commission, Gateway Sculpture, Seattle, Washington 2003 - Labyrinth Sunnyvale Arts Commission, Yahoo! Headquarters, Sunnyvale, California 2001 - Convertibles Menlo Park Arts Commission, Willow Oaks Park, Menlo Park, California 2000 - Herd Instinct BEP -Emeryville, L.P., Emerytech Building, Emeryville, California 1999 - SubStrada San Francisco Arts Commission, Bernal Heights Bus Bulb Project, San Francisco, California 1999 - The Ave Seattle Arts Commission, Street design and public art project for University Avenue, Seattle, Washington 1998-1999 - Photogenesis King County Arts Commission, North SeaTac Park, King County, Washington 1998 - Samson Sacramento Arts Commission, Sacramento International Airport, California 1997- Body of Urban Myth Palo Alto Arts Commission and Harold Holbach, Sheridan Plaza, Palo Alto, California 1996-97 - Defenestration Funded by the National Endowment for the Arts, Andy Warhol Foundation, and private funds Sixth and Howard Street, San Francisco, California Selected Exhibitions 2010 - Anxiety Group show: Project One Gallery, San Francisco, California 2005 - artLA Los Angeles Art Fair for Contemporary and New Art Santa Monica Civic Auditorium, Santa Monica, California 2004 - Desire for the Other San Jose Museum of Art, permanent collection a site-specific sculpture for SJMA Domestic Odyssey exhibit 2004 - Rungs to Asentient Planes Temporary public sculpture collaboration with Jonah Roll Hearts in San Francisco project, San Francisco, California 1997 - Contemporary Bay Area Surrealists (group show) 111 Minna Street Gallery, San Francisco, California 1994 - Herd Morality Center for the Arts, Yerba Buena Gardens, San Francisco, California 1993 - Climbing Frenzy San Francisco Art Commission Gallery, San Francisco, California Awards 2010 - SF Weekly, Best Public Artwork in San Francisco for Language of the Birds 2009 - Americans For The Arts, one of the best public artworks created in the U.S. for Language of the Birds 2008 - The John D. and Susan P. Diekman Fellowship, Djerassi Resident Artists Program 2007 - LEAP Award for excellence in public art. 2002 - Sacramento Bee, Best Public Artwork in Sacramento for Samson 2000 - Bay Guardian Best of the Bay award: Best Distraction During SOMA Gridlock for Defenestration 1998 - Rebecca Goldfarb Fellowship, Djerassi Foundation 1998 - Precita Eyes mural award: Most Innovative Mural for Defenestration 1997 - Bay Guardian Best of the Bay Award: Best Gonzo Art Funk Project for Defenestration 1997 - San Francisco Beautiful Beautification Award for Defenestration 1996 - Cultural Equity Grant to create Metaphorm a sculptural, seaworthy, interactive, playable acoustic instrument 1996 - National Endowment for the Arts grant recipient via New Langton Arts for Defenestration 1993 - Cultural Equity Grant for site-specific sculpture in collaboration with students from Charles Drew Elementary School in San Francisco's Bayview neighborhood Artist Residencies 2008, 1997 - Djerassi Foundation Resident Artists Program 1997 - Bay Area Discovery Museum 1994 - Stanford University 1993-1996 - LEAP, Artist in the Schools project, residencies in schools throughout the Bay Area 1994 -present - Project Artaud Meg Spriggs, Managing Director Residential Investments, Shorenstein Properties 415-772-9366 msRriqgsP_shorenste1n.com Meg Sprigs commissioned Carusds Dream for residential building at 55 !nth Street in San Francisco. 415-595-6663 Jill Manton, Director of Planning and Policy, San Francisco Arts Commission 415-252-2585 ELM92LO�! # # Jill Manton oversaw Language of the Birds project. Brian Goggin Annotated Image List 1,2 Caruso's Dream 2014 90'x45'x15' Glass, steel, wood, cable, rope, electronics 55 Ninth Street San Francisco Avalon Bay Developers 3,4 Language of the Birds 2008 Polycarbonate, cable, electronics, light posts, con 45'x35'x30' Columbus and Broadway San Francisco San Francisco Arts Commission 5,6 Speechless 2009 Bronze 30'x45'x65' Lafayette Public Library, Lafayette, CA 7 Samson 1998 Found Luggage, steel, cable, rubber 23' x7.5' x5' Sacramento International Airport, Sacramento, CA Sacramento Municipal Arts Commission 8 Herd Morality 1994 Wood, steel, cable 65'x45'x52' Yerba Buena Center for the Arts 9 Substrata, 1990 Concrete Nine elements, sizes vary 14.5"x20" — 38"x26" San Francisco Arts Commission 10 Defenestration, 1997 Found furniture, steel, wood, cable, electronics 110'x75'x65' Sixth and Market Street San Francisco National Endowment for the Arts, Andy Warhol Foundation I . . . . . ...... 201 I ram I