HomeMy WebLinkAboutStaff Report 4.B 07/16/2018L
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DATE: July 16, 2018
TO:
FROM:
SUBJECT
Honorable Mayor and Members of the City Council through City Manager
Heather Hines, Planning Manager
Discussion Regarding the Professional Services Agreement for the Water Street
Public Art Project
RECOMMENDATION
It is recommended that the City Council discuss the progress and terms of the Professional
Services Agreement for the Water Street Public Art project and provide comments and direction
as appropriate.
BACKGROUND
The Public Art Committee (PAC) initially released a Request for Qualifications (RFQ) for the
Water Street Public Art project in December of 2014. After review and consideration of RFQ
submissions and subsequent submissions from the five finalists, the PAC ultimately found that
neither of the two final proposals sufficiently met the intent of the RFQ and elected to end the
process without selection of an artist.
Subsequently, the PAC 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 employed by other jurisdictions. The RFQ was reissued in October 2016. In May
2017, the PAC interviewed the two finalists selected by the 11 -member selection panel. and
ultimately selected Brian Goggin for recommendation to the City Council for consideration of
contract award.
On August 7, 2017, the City Council adopted Resolution No. 2016-123 authorizing the City
Manager to execute a PSA with artist Brian Goggin. The executed PSA (Attachment 1)
identified a scope of work as summarized in Figure 1 below with completed steps in green and
the current status identified in yellow.
Following two community meetings held in May 2018, the PAC considered Brian Goggin's
work, "A Fine Balance", along with public comments received to date. After discussion, the
Committee voted affirmatively (6-1) to continue to the Final Design Concept for Mr. Goggin's
artwork. A more in-depth summary of the background and community engagement throughout
the process is outlined in the PAC staff report, May 24, 2018 (Attachment 2).
Develop
Final
Concept
I
Ceremony Installation Fabrication Fabricationk---(! Construction PPAC
100 /0 50% Permitting Review
Figure 1: Milestones
Due to the amount of public comment received, the City Council requested staff on June 4, 2018
to place on a future agenda a discussion of the terms and status of the existing contract for the
Water Street Public Art project.
DISCUSSION
The fully executed PSA with artist Brian Goggin includes a scope of services that outlines 13
tasks from initial research to the unveiling ceremony after installation. The scope includes
various community outreach tasks (walking tour, community meetings, community open house)
and various check-in points with the PAC to review work in progress. The scope of work does
not outline further meetings or approvals from the City Council.
To date, the artist has progressed through the tasks outlined in the PSA and is set to proceed to
Step 3A, Develop Final Site -Specific Concept.
Many of the public comments received have been related to technical issues such as accessibility
requirements, structural stability, safety, and maintenance. Final design and construction
permitting are the phases of the project that will translate the artwork concept to construction
drawings and ensure that all applicable code requirements are met, including those associated
with accessibility, structural integrity and safety, and maintenance.
Chapter 18 of the City's Implementing Zoning Ordinance (IZO) requires integration of public art
into development projects and includes criteria and process for jurying public art to satisfy that
requirement. The PAC is given sole discretion to review and determine whether public art
proposed pursuant to the public art requirement satisfies all criteria outlined in the ordinance.
The City Council has discretion to consider an appeal of the PAC's decision. However, the
ordinance does not provide similar guidance for the review of public art separate from the
requirement for development.
The Petaluma Public Art Master Plan (PAMP) addresses the implementation of public art
projects on public property and specifies that the PAC will manage the process for the search and
review of all artwork. The PAMP outlines the responsibilities of City Departments and
Commissions and identifies the PAC to manage the selection process for public art projects on
public property and submit recommendations to the City Council for artwork on public property.
The City Council's responsibilities as outlined in the Plan include consideration and approval of
public artwork on public property and authorization of contracts for the commission of
permanent art on public property.
Specific to the Water Street Public Art project, the PAC has managed the selection process and
made a recommendation to the City Council based on the process and most recent review of the
draft concept for the Water Street Public Art project. The City Council authorized the contract,
including the scope of work to guide the development of the site specific artwork.
There are two basic options available to the City Council. The Council can allow the current
process to continue to move forward, or the Council can terminate the agreement. The PSA
includes a termination clause that states that the "City may terminate this agreement without
cause upon ten day's written notice". Should the Council decide to terminate the agreement, Mr.
Goggin would be entitled to payment for all services performed to the date of termination.
If the Council is not comfortable exercising either of these options, nothing in the Public Art
Ordinance or the Public Art Master Plan appears to prevent the Council from providing guidance
to the PAC on modifications it would like to see as the project moves into final design concept.
FINANCIAL IMPACTS
The contract amount is $150,000. Mr. Goggin has received $10,000 in payment for work
completed to date.
ATTACHMENTS
1. Water Street Public Art PSA
2. PAC Staff Report, May 24, 2018
ATTACHMENT I
PROFESSIONAL SERVICES AGREEMENT
Water Street Public Art Project
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THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 L7 _ ("Effective Date"), by and between the City of Petaluma, a
(city u eonly)
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:
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 detailed monthly invoices reflecting all services performed
during the preceding month, and including a revised schedule for performance and
additional documentation requested by City, as applicable.
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 W-
9 form available from the IRS website (www.irs.gov) and has obtained a currently
valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGRF.FMFMr— PREVAILING WAGES
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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 tennination 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.
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.
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.
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.
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10. Progress 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
further 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. Assienment/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
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 hill 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.
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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 Wage 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 Parry in accordance with this Section. All such notices shall be sent
by:
(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 confirined by a return receipt;
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(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 Petahuna — Planning Division
Heather Hines, Planning Manager
ll• English Street
Petaluma, California 94952
Phone: (707) 778-4316
Fax: (707) 778-4498
Email: hhines@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 copies of 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. Representations and Warranties. Artist warrants and represents to City that:
a) Artist holds all rights to the Artwork, free and clear of any liens, encumbrances,
licenses, or claims of any nature, and neither has made any agreement inconsistent
with the sale of the Artwork to City.
b) The Artwork shall not infringe on any third party's intellectual property rights.
c) Artist agrees to execute any instrument and perform any legal act, and to authorize
and direct its successors, heirs and personal representatives to execute any
instrument and perform any legal act, that City reasonably requests to secure,
evidence or perfect its rights hereunder.
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24. Transfer of Title; Risk of Loss: Title to the Artwork will transfer to City when (a) Artist
has completed and installed the Artwork, and (b) Artist has received full payment tinder
Section 2, above. Contingent upon such transfer of title, Artist hereby sells, assigns, and
transfers to City the Artwork and agrees, on his own behalf and on behalf of his heirs,
legatees and successors in interest, not to assert any interest in the Artwork inconsistent
with the sale to City hereunder and after such sale, City shall be the owner of the
Artwork. Risk of damage or loss in connection with the Artwork will transfer to City when
the Artwork is installed. If the Artwork is damaged or destroyed in whole or in part prior
to such installation, and such damage or destruction is due to the sole negligence of Artist
or Artist's contractors, employees, or agents, Artist shall be responsible for restoring or
replacing the Artwork and installing the Artwork in accordance with the terms of this
Agreement at his sole cost and expense, and City shall not be required to pay any additional
amounts to Artist other than any portion of the Total Artwork Payment not yet paid to
Artist pursuant to this Agreement.
25. Documentation of Work: At the conclusion of the project Artist shall provide to the City
twenty (20) high resolution (300 dpi minimum) digital images documenting the processes
of Artwork fabrication and installation and, contingent upon such transfer of title to the
Artwork in accordance with Section 24, Artist hereby sells, assigns, and transfers to City
the digital images and agrees, on his own behalf and on behalf of his heirs, legatees and
successors in interest, not to assert any interest in the digital images inconsistent with the
sale to City hereunder and after such sale, City shall be the owner of the digital
images. Nothing in this Section 25 is intended to contravene the rights granted, reserved,
and licensed in section 26, below.
26. Rights of Reproduction. Artist shall retain the copyright to the Artwork and the right to
claim authorship of the Artwork. In furtherance and not in limitation of the foregoing,
contingent upon the transfer of title to the Artwork noted above, Artist hereby grants to
City and its successors, agents and representatives a non-exclusive, royalty -free,
irrevocable, worldwide license ' to create photographic images of the Artwork and to
distribute, use, or sell them. Artist acknowledges and agrees that no additional
consideration is required for the license granted pursuant to this Section 8 and that Client
shall not be required to pay any amount for this license other than those amounts required
under Exhibit 1. This Section 26 is intended to be an express grant of limited rights of
reproduction under California Civil Code Section 982(c).
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
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
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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.
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.
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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 fall 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 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. Pleadings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or constriction 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.
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36. Entire Atreement. 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 ARTIST
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City Manager Na ,
ATTEST:
City Clerk
APPROVED AS TO FORM:
i"ty Attorney
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Taxpayer I.D. Number
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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 (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, 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.
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):
Meeting #1: Community 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.
MeetinLy 92: 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.
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 (i£ 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 pieces) 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 _ 'EXPECTED TIMEFRAME , -COST
------ .......................................-----.
1. RESEARCH & OUTREACH
..............•---------------------------------- --- -
IA) Research Project Site June - October 2017 $5,000
--- - -- ------ ---------------------------------------- -- -
113) Walking Tour_ _--June _ October 2017 _ _ _ included
1Cl Community Outreach June - October 2017 included
2. DEVELOP DRAFT SITE-SPECIFIC CONCEPT
--- --- ---- . -- •. ------
---- =---- --- ----- -
— ----
. • ..... - -- ---- --
2A) Develop Draft Site -Specific Concept ...--------
October - November 2017
------ —___
$5,000
--_
---------
2B) Review Draft Concept with PPAC/ City
December 2017 -January 2018
included
Representatives/ Stakeholders -------- ------_
-- ---- - - -- ____ — ----
— --- --
2C) Revise Draft Concept _ ---.
December 2017 - January -2018-
-- __-- _._ __._--
included
—
2D Communl Oen House
January February 2018 _-
included
-3. DEVELOP FINAL SITE-SPECIFIC CONCEPT
-
-
3A) Develop Final Site Specific Concept _
j February 2018—
I $10,000
4. PERMITTING, FABRICATION, & INSTALLATION
------------------------------------------------------------------•--•---•---- •------•----------------------•---------------- -----
--
•----------------------
4A) Construction Permitting
March - May 2018
$30000
- --------------------------------------------------------•••-•.....
4B) First 1/2 of Fabrication
------------------------------------------------------------ ..........................
-------_- _ _
---•- June - December 2018
_
$45,000
-'---
4C) Second'/2 of Fabrication
December - June 2019
$35,000
4D) Installation _
June - July 2019
$10,000
S. COMPLETION -
SA) Unveiling Ceremony --------- ----- ---
August 2019
- ----- ----- --
$10,000
TOTAL
$150,000
1. 'llie 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 trausportation 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. 'rhe artwork and all rights to it shall be owned by the City of Petaluma.
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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.
Exhibit B-1
Page 1 of 3
INSURANCE REQUIUMENTS (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
ANTI.
Exhibit B-1
Page 2 of 3
rNSURANCEREQUIRE MENTS (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
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:
;?4f 6D6G t,,% �� v�i'l tC Date: r/G . �,
(Print Name of Covered Entity/Business Capacity)
By IIIA'Al
(Print Name)
(Signature)
Its �rtil
(Title /Capacity of Authorized Signer)
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
COMMISSIONER), 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:
Page 3 of 3
LIVING LAVAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
r85$
DATE: May 24, 2018
TO:
FROM:
SUBJECT:
Petaluma Public Art Committee
Kevin Colin, Deputy Planning Manager
Water Street Public Art Project
RECOMMENDATION
ATTACHMENT 2
AGENDA ITEM NO. 4.A
It is recommended the Petaluma Public Art Committee (PPAC) receive public comments
emanating from recent community meetings and provide direction on next steps in process.
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. 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 Water Street between East Washington Street and the Balshaw 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. The Water Street Public Art
RFP invited five (5) 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.
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 employed by other local jurisdictions. The key difference with the modified process
was to select an artist without a site-specific proposal. 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.
Page 1
On October 13, 2016, the PPAC reissued the revised Water Street Public Art RFQ. 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. On August 7, 2017, the City Council adopted
Resolution No. 2016-123 N.C.S. thereby authorizing the City Manager to execute a professional
service agreement (PSA) with artist Brian Goggin. The executed PSA, included at Attachment
A, identifies a scope of work summarized at Figure 1 below with completed steps in green and
the current status identified in yellow.
Figure 1: Scope of Work Milestones
DISCUSSION
On April 30 and May 1, 2018 at 7:00 p.m., Aqus Cafe hosted the community meetings to receive
input on a draft concept for the Water Street Public Art project. On each night, the cafe was filled
to capacity. After a brief introduction by staff, the artist made a presentation explaining the
origin of the draft concept including how, in his opinion, it incorporated connections to
Petaluma's history. The presentation was followed by a question/answer session where the artist
responded (when concerning the artwork) and staff responded (when concerning city -related
matters). A copy of the presentation and artwork description is included at Attachment B.
Prior to the community meetings at Aqus Cafe, staff learned a copy of the artwork sketch was
posted on the social media site Nextdoor. Based on comments received, this appeared to spur
increased attendance at the meetings and, overall, a significant outpouring of public comments.
At each meeting, staff distributed and collected comment cards. The entries on those are at
Attachment C. Also, all emails submitted to staff are collected and included at Attachment D.
After reviewing the comments, staff observes the use of bathtubs in the design has triggered a
strong response, predominately for individuals opposed to the idea. Other common, more
technical themes evident in concerns expressed include the following comments and/or
questions:
Page 2
• The artwork may reduce the ability to facilitate community events in this location.
• Persons may climb up the artwork.
• The artwork may obstruct pedestrian/bicycle circulation.
• Consider the installation of fewer pieces to reduce the footprint.
• The artwork contributes visual clutter and/or detracts from views.
• Children will enjoy the artwork.
• Support the artwork but not in this location.
• Address the potential for vandalism.
In terms of how to structure the PPAC's discussion on comments received, staff notes a clear
distinction between the types: (1) those focused on the merits of the concept (e.g., use of
bathtubs); and (2) technical issues that could be addressed in the final concept phase (see Figure
1 above). A dialogue on the former aspect can be guided by mission statement included at Page 2
of the Public Art Master Plan, which states:
"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 places 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."
Additionally, Goal 2 of the Public Art Master Plan states the following:
"Develop a Public Art Program that addresses and reflects the values, cultures and
aspirations of the community.
• Encourage art projects that include reflections of Petaluma agricultural and industrial
past, the diversity of its cultural heritage and its present-day community.
• Encourage art projects that consider Petaluma's geography, including the Petaluma River
and its center and its surrounding hills.
Encourage art projects that celebrate innovation and artistic excellence explore ways to
help the community visualize its future."
If a majority of the PPAC are supportive of the draft concept, as proposed, direction could be
provided to staff to address technical concerns raised to date and other items brought up at this
meeting and which manifest in a final concept. This could also include direction to the artist to
provide additional visual representations of the piece (e.g., scaled model, on-site mock-up) to
both aid in the artwork's evaluation and potentially inform adjustments to the design in response.
Page 3
Prior to the meeting on this agenda item, staff provided public notice in the following manners:
(a) standard posting of meeting agenda on the City of Petaluma website and at city hall; (b)
emailed the meeting agenda to the PPAC `Constant Contact' list (i.e., persons who've requested
an electronic copy of all agendas); and (c) emailed to all persons who have provided email
addresses and emailed comments on the Water Street Public Art project.
ATTACHMENT
A. Water Street Public Art Professional Service Agreement
B. `A Fine Balance' Presentation and Description
C. April 30 & May 1, 2018 Comment Cards Received
D. Email Correspondence
Page 4