AGREEMENT NO. ___________
ARTIST AGREEMENT FOR PUBLIC ART SCULPTURE AT CENTRAL PARK
This ARTIST AGREEMENT FOR PUBLIC ART SCULPTURE (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “ CITY”), and SHAN SHAN SHENG DBA EAST WEST FINE ART STUDIO, a Sole Proprietor, doing business in California (referred to herein as “ARTIST”).
R E C I T A L S
WHEREAS, ARTIST represents that ARTIST is experienced, well qualified and a specialist in the field of design, creation, and installation of a public art sculpture; and
WHEREAS, CITY desires the creation and installation of a public art sculpture for Central Park at Mill Creek located at 600 19th Street; and
WHEREAS, CITY utilized the services of MIG Inc. as an authorized public project art consulting and project management in making the selection of ARTIST.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ARTIST mutually agree as follows:
1. SCOPE OF WORK. In exchange for the C ompensation (defined below), ARTIST shall perform the following: The ARTIST will design, fabricate, and install a public art sculpture( “Sculpture") of Central Park at Mill Creek located at 600 19th Street, Bakersfield CA. The Sculpture will be titled and reflect “California Poppies” and will be intended to enhance the community's cultural landscape as depicted in Exhibit A.
The Sculpture is expected to be approximately 30 ft H x 45 ft L x 30 ft W and constructed from approximately 30 pieces of glass and mirror polished stainless steel structure. The overhead glass Sculpture features a sun - protective coating within the glass lamination. ARTIST will be responsible for the integrated lighting within the Sculpture , while ground lighting w ill be funded through the CITY. ARTIST will be responsible for the following:
• Concept Development: Develop a comprehensive design proposal that includes sketches, materials, dimensions, and installation methods. • Fabrication: Fabricate the Sculpture using high- quality, durable materials suitable for outdoor display.
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• Installation: Install the Sculpture securely at the designated site, ensuring it meets all safety standards and aesthetic expectations. • Documentation: Provide documentation throughout the process, including progress photos and reports, to keep the CITY informed.
The Sculpture shall include all items and procedures necessary to properly complete the task ARTIST has been hired to perform, whether specifically included in the Sculpture or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay ARTIST as follows for performing the Scope of Work (“Compensation”): The total compensation for the creation and installation of Sculpture is a not to exceed amount of $600,000.00. The payment will be structured as follows:
2.1 Initial Payment: 15% of the total fee ($90,000.00) will be paid upon the execution of the contract and approval of the design proposal. An additional 15% of the total fee ($90,000.00) will be paid upon the delivery of design drawings and a permit set with a structural engineer’s stamp. This payment is intended to cover initial costs such as materials and labor.
2.2 Fabrication Payments: 40% of the total fee ($240,000.00) will be paid in two installments during the fabrication phase in the following manner:
2.2.1 First Fabrication Payment: 20% ($120,000.00) will be paid upon documentation of 50% completion of the fabrication.
Documentation must include progress photos and relevant details demonstrating that half of the Sculpture fabrication is complete.
2.2.2 Second Fabrication Payment: 20% ($120,000.00) will be paid upon documentation of 100% completion of the fabrication.
Documentation must include progress photos and relevant details demonstrating that the fabrication is fully complete. These payments will be contingent upon the CITY ’s review and approval of the documentation provided by the ARTIST at each stage.
2.3 Final Payment: The remaining 30% ($180,000.00) will be split as follows:
10% ($60,000.00) will be paid when the artwork arrives at the installation site, provided it meets the agreed specifications and conditions.
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20% ($120,000.00) will be paid after the CITY conducts a final inspection and issues a letter of acceptance, confirming that the Sculpture has been installed according to the agreed specifications. The final inspection will be conducted within ten (10) days after the ARTIST notifies the CITY that installation is complete.
CITY will pay ARTIST within 30 days after ARTIST submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY . The Compensation will be the total amount paid to ARTIST for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to ARTIST. In no case will CITY compensate ARTIST more than $600,000.00 for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on February 28, 2026.
4. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. ARTIST shall, at ARTIST’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a CITY of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter
5.02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for ARTIST’s performance of the Scope of Work as an independent contractor. ARTIST is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with ARTIST other than that of an independent contractor.
7. DIRECTION. ARTIST retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. ARTIST will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING SCOPE OF WORK. ARTIST shall not begin Scope of Work until Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
authorized to do so in writing by CITY. No Scope of Work will be authorized before the date first written above.
10. KEY PERSONNEL. ARTIST shall name all key personnel to be assigned to perform the Scope of Work . All key personnel shall be properly licensed and have the experience to perform the Scope of Work called for under this Agreement. ARTIST shall provide background for each of the key personnel including, without limitation, resumes and Scope of Work experience performing Scope of Work similar to the Scope of Work . CITY reserves the right to approve key personnel. Once the key personnel are approved, ARTIST shall not change such personnel without CITY’s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. ARTIST shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for ARTIST to practice its profession and perform the Scope of Work. If ARTIST is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If ARTIST is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. COPYRIGHT AND INTELLECTUAL PROPERTY.
13.1 Ownership and Copyright: T he ARTIST shall retain all copyright, trademark, and other intellectual property rights in and to the Sculpture as provided under the U.S. Copyright Act and other applicable laws.
However, the CITY shall be granted a license as described below.
13.2 License to the CITY for Reproduction and Display:
The ARTIST grants to
the CITY, its agents, and representatives an irrevocable, perpetual, royalty- free, non-exclusive license to use, display, reproduce, and distribute images of the Work for any non-commercial purpose. This includes, but is not limited to, the following:
13.2.1 Use of the Sculpture’s image in promotional materials, brochures, and CITY reports.
13.2.2 Reproduction in media coverage and educational materials.
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13.2.3 Digital reproductions of the Sculpture for the CITY’s website or other online platforms.
13.3 The CITY’s use of such images shall credit the ARTIST as the creator of the Sculpture wherever possible
14. MORAL RIGHTS AND WAIVERS.
14.1 Waiver of Rights Under California Art Preservation Act (CAPA) and Visual ARTISTs Rights Act (VARA): The ARTIST acknowledges the CITY’s right to move, alter, or remove the Sculpture , if necessary, for reasons such as public safety, maintenance, or urban development. In the event of such actions, the ARTIST waives any and all rights under the California Art Preservation Act (CAPA) and the federal Visual ARTISTs Rights Act (VARA), including any rights related to the integrity of the Sculpture, provided that:
14.1.1 The CITY shall make reasonable efforts to notify and consult with the ARTIST before any alteration, relocation, or removal occurs.
14.1.2 If relocation or modification is required, the CITY will make reasonable efforts to preserve the Artistic integrity of the Sculpture.
14.2 Rights of Attribution: The CITY shall make reasonable efforts to credit the ARTIST in any public display or reproduction of the Sculpture. However, failure to provide such credit shall not be deemed a breach of this Agreement.
15. WARRANTY.
15.1 Warranty of Originality: The ARTIST warrants that the Sculpture is an original creation and does not infringe upon the intellectual property rights of any third party. The ARTIST agrees to indemnify and hold harmless the CITY from any claims of infringement that may arise in connection with the Sculpture.
15.2 Warranty of Workmanship:
The ARTIST guarantees that the Sculpture will be constructed of high-quality materials and workmanship, suitable for outdoor display in the specified location for a period of [twenty years]. Should the Sculpture exhibit defects in workmanship or materials within this period, the ARTIST agrees to repair or replace the Sculpture at no additional cost to the CITY , unless such damage is due to natural disasters, vandalism, or other external forces beyond the ARTIST’s control.
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16. MAINTENANCE AND CONSERVATION.
16.1 Responsibility for Maintenance: The CITY shall be responsible for the routine maintenance and conservation of the Sculpture . The CITY agrees to maintain the Sculpture in good condition and will consult with the ARTIST regarding any significant conservation efforts.
16.2 Notification of Conservation Needs: In the event that the Sculpture requires repairs or conservation efforts that exceed routine maintenance, the CITY agrees to notify the ARTIST and, if feasible, to allow the ARTIST the opportunity to perform or supervise such Sculpture, at terms to be mutually agreed upon. The CITY reserves the right to commission the Sculpture to a third party if the ARTIST is unavailable or unwilling to undertake the repairs.
17. INSTALLATION, RELOCATION, REMOVAL, AND SAFETY.
17.1 Installation: The City of Bakersfield shall be responsible for providing the foundational support, including the construction of a pier or other necessary structural elements, to ensure the stability and safety of the piece. This includes engineering and constructing the foundation to meet all required load specifications, building codes, and design standards. The City shall also coordinate with the artist or project consultant to ensure compatibility with the piece’s d esign and installation requirements.
Additionally, any necessary exterior lighting to enhance visibility and safety around the piece shall be included as part of the foundational support responsibilities. However, the ARTIST shall be responsible for all other costs associated with the installation of the Sculpture , including transportation, labor, materials, and any equipment required to complete the installation.
The CITY and the ARTIST shall coordinate closely to ensure a smooth installation process.
17.2 Relocation: If the CITY deems it necessary to relocate the Sculpture , it shall notify the ARTIST in writing and make reasonable efforts to consult with the ARTIST about the relocation. The CITY shall bear all costs related to the relocation unless otherwise agreed upon.
17.3 Removal: The CITY reserves the right to remove the Sculpture permanently if it becomes impractical to maintain or if significant alterations to the location render the Sculpture incompatible with its surroundings. The CITY will notify the ARTIST in advance of such removal and will provide an opportunity for the ARTIST to reclaim the Sculpture at their own expense.
17.4 Safety Warranty: The ARTIST warrants that the Sculpture and the Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
materials used therein are not currently known to be harmful to public health and safety, and that the Sculpture will not contain any features or cause any effects which pose a danger to those viewing or in the vicinity of the Sculpture. The ARTIST agrees to cooperate in making or permitting adjustments to the Sculpture , if necessary, to eliminate any hazards that become apparent within seven (7) years of the date that the Sculpture is finally accepted by the CITY.
18. TRANSFER OF TITLE AND COPYRIGHT REGISTRATION.
18.1 Final Inspection and Acceptance: The transfer of title to the Sculpture shall occur after the CITY conducts a final inspection of the installed Sculpture and issues a letter of acceptance to the ARTIST, confirming that the Sculpture meets all specifications and requirements under the Agreement. The CITY shall provide the ARTIST with this letter within thirty (30) days following the completion of the final inspection.
18.2 Transfer of Title: Upon receipt of the letter of acceptance, the ARTIST agrees to transfer the title of the physical Sculpture to the CITY. This transfer shall not include any intellectual property rights or copyrights, which the ARTIST retains unless otherwise specified in this Agreement. The ARTIST agrees to sign any necessary documentation to effectuate the transfer of title to the CITY.
18.3 Copyright Registration: The ARTIST shall register the Sculpture with the U.S. Copyright Office within thirty (30) days of the CITY's acceptance of the Sculpture. The ARTIST will provide a copy of the copyright registration certificate to the CITY as proof of copyright ownership.
19. STANDARD OF PERFORMANCE. The Sculpture shall be performed in conformity with all legal requirements and industry standards observed by a specialist of ARTIST’s profession in California.
19.1 Inspection and Final Approval. Upon completion of the installation, the CITY will conduct a final inspection to verify that the Sculpture meets all specifications and standards. If the Sculpture meets the requirements, the CITY will provide a written letter of acceptance. The ARTIST agrees to address any issues noted during the inspection at their own expense, provided these issues arise within one year of installation.
19.2 Safety and Quality Assurance: The ARTIST guarantees that the Sculpture will be installed in a manner that ensures public safety. The ARTIST warrants that the Sculpture will not pose any hazards to the public and agrees to address any risks discovered within two years of completion. The Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
ARTIST will be responsible to address issues like material defects or structural problem that arise due to installation at their own expense.
19.3 Maintenance and Conservation: The ARTIST will provide a maintenance guide upon completion, outlining recommended care and upkeep procedures to preserve the Sculpture’s condition over time.
19.4 Delays and Financial Implications: In the event that the installation of the Sculpture is delayed due to the fault of the ARTIST , the following provisions shall apply:
19.4.1 Notification of Delay: The ARTIST shall notify the CITY in writing of any anticipated delays in installation as soon as they become known. Such notification must include the reason for the delay and an updated timeline for completion.
19.4.2 Financial Implications: If the installation is delayed due to the ARTIST's failure to meet agreed-upon deadlines, the CITY reserves the right to impose financial penalties. The penalties may include, but are not limited to, the following:
19.4.2.1 A deduction of two percentage (2%) from the final payment for each week (or part thereof) that the installation is delayed beyond the agreed -upon completion date, up to a maximum of ten percentage (10%) of the total contract
amount.
19.4.2.2 The CITY may also seek to recover any additional costs incurred due to the delay, including but not limited to, costs related to project management, administrative
expenses, or hiring a replacement ARTIST to complete the project.
19.4.3 Exceptions: The ARTIST shall not be held liable for delays caused by circumstances beyond their control, including but not limited to acts of God, severe weather conditions, or delays in the delivery of materials. In such cases, the ARTIST must notify the CITY promptly and provide documentation supporting the reason for the delay.
19.5 Art Concept and Integrity: The Artist
agrees that the Final Design and completed artwork shall adhere substantially to the Sculpture submitted and approved by the City. Any material changes to the Sculpture, including but not limited to dimensions, materials, themes, or significant visual or structural elements, must receive Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
prior written consent from the City. Deviations made without such consent may result in termination of the Agreement and forfeiture of compensation.
Material changes are defined as alterations that significantly impact the aesthetic, thematic, or structural integrity of the approved Sculpture . The Artist shall submit a formal written request for any proposed changes, including visual representations or revised plans, for the City's consideration.
20 OWNERSHIP AND RIGHTS: Upon final acceptance by the CITY and payment in full, the ARTIST will transfer ownership of the Sculpture to the CITY . The ARTIST retains the copyright to the Sculpture and grants the CITY a non - exclusive, royalty -free license to use images of the Sculpture for non - commercial purposes, including promotional and educational activities.
21 SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, an ARTIST or sub ARTIST shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public Scope of Work , as defined in this chapter, unless currently registered and qualified to perform public Scope of Work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered ARTIST to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the ARTIST is registered to perform public Scope of Work pursuant to Section 1725.5 at the time the contract is awarded. The prime ARTIST is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
22 NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
23 INSURANCE AND SECURITY.
23.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, ARTIST must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
23.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage , and Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
personal injury, with limits of not less than $1,000,000 per occurrence.
23.1.2 Commercial general liability insurance, unless otherwise approved by CITY ’s Risk Manager , providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
23.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
23.1.2.2 Provide products and completed operations
coverage;
23.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
23.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
23.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the provisions of Labor Code Section 3700, every ARTIST will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, ARTIST must submit to CITY the following certification before beginning any Scope of Work on the Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the Scope of Work of this contract.
By executing this Agreement, ARTIST is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees , and designated volunteers.
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23.2 General Provisions Applying to All Insurance Types.
23.2.1 All policies required of ARTIST must be written on a first -dollar coverage basis or contain a deductible provision. Subject to CITY ’s advance approval, ARTIST may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or whic h is intended to defeat the intent or protection of an additional insured.
23.2.2 All policies required of ARTIST must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self -insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of ARTIST’s insurance and must not contribute with it.
23.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-: VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A- : VII , must be declared prior to execution of this Agreement and approved by CITY in writing.
23.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
23.2.5 Full compensation for all premiums which the ARTIST is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
23.2.6 It is further understood and agreed by ARTIST that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by ARTIST in connection with this Agreement.
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23.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all sub contractors even if CITY has approved lesser insurance requirements for ARTIST, and all subcontractors must agree in writing to be bound by the provisions of this section.
24 THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify ARTIST of third-party claims relating to this Agreement . CITY shall be allowed to recover from ARTIST , and ARTIST shall pay on demand, all costs of notification.
25 INDEMNITY. ARTIST shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caus ed by ARTIST or ARTIST’s employees, agents, independent ARTISTs, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
26 ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
27 ACCOUNTING RECORDS. ARTIST shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at ARTIST's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder and made available to CITY representatives upon request at any time during regular business hours.
28 BINDING EFFECT. The rights and obligations of this Agreement shall inure to Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
29 CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 30 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
31 EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
32 EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
33 FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
34 GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
35 INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
36 MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the CITY Council and signed by all the parties.
37 NON-INTEREST. No CITY officer or employee shall hold any interest in this Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
Agreement (California Government Code section 1090).
38 NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
ARTIST: SHAN SHAN SHENG
DBA EAST WEST FINE ART STUDIO
1661 TENNESSEE STREET
SUITE #2l
SAN FRANCISCO, CA 94107
(415)-601-9777
39 RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the CITY Council.
40 TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by ARTIST pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
41 TAX NUMBERS.
ARTIST’s Federal Tax ID Number 94-3381487
ARTIST is a corporation? Yes No X (Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
[Signatures on next page]
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
"CITY" “ARTIST”
CITY OF BAKERSFIELD SHAN SHAN SHENG
DBA EAST WEST FINE ART STUDIO
By: ________________________________ By: ________________________________
KAREN GOH
Mayor Print Name:
Title:
APPROVED AS TO CONTENT:
RECREATION AND PARKS DEPARTMENT
By: _______________________________
DARIN BUDAK
RECREATION AND PARKS DIRECTOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY Attorney
By: ___________________________
VIRIDIANA GALLARDO-KING
Deputy CITY Attorney II
Insurance: ____________
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A: California Poppies Concept
VGK/pt
S:\PARKS\Agrs\24-25\Shanshanshengpublicart-Central Park.Agr.Docx
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Shan Shan Sheng
artist /DBA East West west Fine Art Studio
California Poppies
Bakersfield Public Art proposal
Shan Shan Sheng
Q&A
Exhibit A
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 California Poppies
Bakersfield Public Art proposal
Shan Shan Sheng
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Theme and Intent
● California Poppies is a vibrant, luminous, and joyful public artwork for Bakersfield.
● The sculpture is an homage to a natural icon of the California landscape, appearing as a sign of positivity, growth and renewal. ● California Poppies is a coolly elegant sculpture, topped by a canopy of exuberant and energetic color.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Morning
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Dusk
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Evening
Evening
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 ● The sculpture consisted approximately 30 pieces of glass range from 10-5 ft, Each piece are unique shapes. Along with mirror polished stainless steel structure.
● Dimension: 30 ft H x 45 ft L x 30 ft W
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 California Poppies is a bright, sky bound form, drawing our eye and our experience upward.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 ● The artwork is immersive, creating a satisfying contrast between color and material, glowing from sunrise to sunset, powered by the sun. California Poppies is a luminous and captivating artwork by day or night.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 ● During the night, California Poppies will be suffused with a subtle spectrum of colored lights, that plays as a sequence to illuminate the sculpture for visitors.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 ● California Poppies is proposed as a refreshing icon celebrating Bakersfield California, with a symbol that is both universal and elevated the natural beauty and ecology of the landscape.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Each glass flower is suffused with sunlight during the day, soaring above an elongated base.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 As an artwork that produces energy, California Poppies is an innovative, sustainable monument.
The sculpture’s glow is uniquely powered by direct sunlight by day, and stored sun energy by night.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
1. Will the sculpture provide shade? The overhead glass sculpture features a sun-protective coating within the glass lamination, e:ectively reducing sun rays and heat transmission for a cooler and more comfortable environment. The overhead glass sculpture will the incorporate SGG Cool-Lite ST hard coating is reducing UV transmittance and solar transmittance (see the attached technical drawing for specifications)
2. How will the sculpture be cleaned, specifically the glass portions? Short Cleaning Instructions for Art Glass The art glass can be cleaned like any other glass using gentle methods. Use water, a mild glass cleaner, and a soft cloth or rubber squeegee. Always clean when the glass is cool and avoid direct sunlight or heat sources. Ensure tools are in good condition and apply cleaning agents evenly across the surface. For. High-pressure cleaning or steam cleaning may be used for more di:icult cleaning, but rinse thoroughly and finish with the regular cleaning process. 3. Will the glass intensify heat below? The open design of the outdoor sculpture, featuring air ventilation beneath the glass panels and a sun-protective coating, reflects thoughtful measures aimed at reducing heat buildup underneath.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
4. Is any additional lighting needed, other than what is built in? Yes, additional lighting is anticipated, specifically floor lights shining upwards to enhance the visual impact. These lights would be shown on the location plan during the design development phase of the project. A similar lighting approach was successfully used in the past project “Obelisk” for Jacksonville University in Florida, which can serve as a visual reference. This type of lighting will highlight the installation, creating a dynamic and engaging visual experience.
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
5. Do you require the full budget for this piece?
Yes, the full budget is required for this piece. The sculptural project is designed to have a significant visual impact, serving as a placemaking art installation that enhances its surroundings. To achieve this vision, all aspects of the proposal, including materials, construction, and lighting, are crucial. A detailed estimate for the project can be found on the second to last page of the presentation, ensuring a comprehensive overview of the costs involved.
6. The Advisory Group would like to see a version with a solid cylinder but exposed branches at the top, somewhat like a tree. Is this possible? Yes, this is possible. Alternatives, such as a version with a solid cylinder and exposed branches at the top resembling a tree, can be investigated during the design development phase.
Past project as reference image
7. What is the electrical plan in the foundation—does it require multiple connections or one central conduit? How will the sculpture connect to that electrical source? A diagram would be helpful.
The electrical plan requires one major conduit from the power source to the sculpture location, with a preliminary estimate of a 2” conduit. From there, a junction box will distribute power to various points within the sculpture using ½” conduits. Additionally, we Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 may require a separate distribution system for data connections, which would include a ¾” main conduit and ½” distribution lines. A detailed electrical diagram will be provided during the Design Development phase to ensure clarity and proper implementation.
Diagram of a past project for reference
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
8. How will the lighting be controlled? Would the park and recreation team have access to control the lights?
The lighting will be controlled from an accessible central point, and the park and recreation team will have full access to the control panel. The general plan includes activating the lights using three methods 1. twilight sensor, 2.a timer setting, 3. Manual operation to ensure e:icient and automated light system.
9. How will the lighting be adjusted for events and seasonal holidays? The lighting can be adjusted for both color and brightness, allowing flexibility for events and seasonal holidays. We will provide two “seasonal presets” to simplify adjustments for such occasions. The park and recreation team will have full control over the lighting system to implement these changes as needed.
Lighting Demo of previous project reference
https://vimeo.com/1010988596/d11f8:8bb?share=copy
Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 WLTR005
THE HARTFORD
BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 December 19, 2024
City of Bakersfield City Hall
ATTN: Risk Management
1600 TRUXTUN AVE
BAKERSFIELD CA 93301-5141
Account Information:
Policy Holder Details : SHAN SHAN SHENG D/B/A EAST-
WEST FINE ARTS
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Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21
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1661 TENNESSEE ST STE 2L
SAN FRANCISCO CA 94107-3582
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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Docusign Envelope ID: 7415CE12-BC88-4F2E-8CAB-F2185B58BB21 Certificate Of Completion
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Subject: Complete with Docusign: ShanShanShengPublicArt-Central Park.Agr_Final.pdf Source Envelope:
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Darin Budak
[email protected]
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ID: 01d698b6-f5fb-414b-956e-40fe3bf3fa68
Jena Covey
[email protected]
RISK MANAGER
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ID: 6a8330f7-be31-47e6-a5ea-62f05bdcb7f4
Shan Shan Sheng
[email protected]
artist /DBA East West west Fine Art Studio
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