PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.E
SUBJECT/TITLE:
APPROVAL OF PUBLIC ART AND AWARD OF CONTRACT TO AC VINTAGE DESIGN FOR A PAINTED MURAL ON ENTRYWAYS AND SIDE WALLS OF ST.
JUDE’S TUNNEL
RECOMMENDATION:
Adopt a Resolution approving a public art proposal for a St. Jude’s Tunnel mural; authorizing the City Manager to enter into an Artist Agreement with AC Vintage Design in the amount of $16,650.00 for creation and installation of a mural at St. Jude’s Tunnel; and appropriating related budget adjustments in Fiscal Year 2022.
BACKGROUND:
At the December 7, 2021, City Council meeting, staff presented a public art proposal for the St. Jude’s Tunnel, as recommended by the Parks, Recreation and Beautification Commission (PRBC), and recommended that the Council award public art contracts to Southpaw Sign Company and AC Vintage Design for the lighting and painted directional signage (mural) portions of the work, respectively. The Council approved the public art proposal for St. Jude’s Tunnel lighting and awarded a contract to Southpaw for that portion of the work. However, the Council directed staff to work with the artist to revise the mural design to better reflect a “Classic California” theme, present it to the PRBC for recommendation, and return the item to the Council for further action.
The December 7, 2021 staff report is available from the Access Pismo public records portal at www.pismobeach.org/accesspismo.1
PRBC Review and Recommendation
Staff worked with the artist to revise the art in accordance with Council direction, and presented the design to the PRBC ad-hoc committee for review. With the ad-hoc committee’s approval, the new design was presented at the February 3, 2022 PRBC meeting, where the PRBC unanimously approved the revised art proposal (Attachment
1.A) and made a recommendation to the City Council for final approval.
Public Art Program and Council Approval
The City’s Public Art Program (Municipal Code Chapter 15.49) requires that, for projects with a public art component located on public property, the PRBC render its recommendation to the City Council on the art proposals, and that the Council take final action on the proposals within sixty days. Thus, in addition to authorizing the City Manager to enter into the contracts needed to execute the projects, the Resolution provided as Attachment 1 incorporates the Council’s approval of the proposed designs.
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=366203&dbid=0&repo=Laserfiche
12.E-1Council Agenda 3-15-2022
Conclusion and Recommendation
Staff recommends that the Council adopt the Resolution provided as Attachment 1 approving the proposed art (Attachment 1.A) for the St. Jude’s Tunnel signage; and authorize the City Manager enter into an artist agreement with AC Vintage Design (Attachment 2) in the amount of $16,650.00 for creation and installation of the painted directional signs for the project.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is $16,650.00 for the agreement with AC Vintage Design to create and install the painted directional signs at St. Jude’s Tunnel.
Currently, the City’s General Fund FY 2022 public art budget includes $13,650 for this portion of the project, which is $16,650, leaving a budget shortfall of $3,000. Staff recommends that Council transfer $3,000 from the General Fund General Contingency account to the General Fund public art account to support the balance of this project.
ALTERNATIVES:
Provide alternative direction to staff regarding the above recommendation.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Revised Mural Designs
1.B. Exhibit B to Resolution: AC Vintage Design Cost Proposal
2. AC Vintage Design Artist Agreement
Prepared by: Meeting Date: March 15, 2022
Larry Kim, Recreation Coordinator
Colleen Ghiglia, Recreation Manager
Submitted by: Gordon Jackson, Tourism and Events Director City Manager Approval:
12.E-2Council Agenda 3-15-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING A PUBLIC ART PROPOSAL FOR A ST. JUDE’S TUNNEL MURAL; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ARTIST AGREEMENT WITH AC VINTAGE DESIGN IN THE AMOUNT OF $16,650.00 FOR CREATION AND INSTALLATION OF A PAINTED MURAL AT ST. JUDE’S TUNNEL; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2022
WHEREAS, the City’s Public Art Program (Municipal Code Chapter 15.49) requires that, for projects with a public art component located on public property, the PRBC render its recommendation to the City Council, and that the Council take final action on, the proposals; and
WHEREAS, at the December 7, 2021, City Council meeting, staff presented a PRBC- recommended public art proposal for the St. Jude’s Tunnel, including lighting and a painted mural; and
WHEREAS, at that meeting the Council approved the public art proposal and awarded a contract to Southpaw Sign Company for the lighting work; but directed staff to work with the artist to revise the mural design to better reflect a “Classic California” theme and return the item first to the PRBC and then to the Council for further action; and WHEREAS, staff worked with the artist to revise the art in accordance with Council direction, presented the design to the PRBC ad-hoc committee for review, and presented the new design at the February 3, 2022 PRBC meeting, where the PRBC unanimously approved the revised art proposal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the public art proposal for the St. Jude’s Tunnel signage mural, in a form substantially similar to that shown in Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an artist agreement with AC Vintage Design (scope provided as Exhibit B) in the amount of $16,650.00 for creation and installation of a painted mural at St. Jude’s Tunnel.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby deappropriates $3,000 from the General Fund General Contingency account and appropriates $3,000 in the General Fund public art account to support a portion of the St.
Jude’s Tunnel project in Fiscal Year 2022.
12.E-3Council Agenda 3-15-2022
Attachment 1
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 15th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
12.E-4Council Agenda 3-15-2022
Attachment 1
Revised Mural Design
Price Street Entrance
12.E-5Council Agenda 3-15-2022
Attachment 1.A
Bello Street Entrance
12.E-6Council Agenda 3-15-2022
Attachment 1.A
Side Wall Murals
Price Street Entrance Left Wall
Bello Street Entrance Left Wall
12.E-7Council Agenda 3-15-2022
Attachment 1.A
Right Side Wall Both Sides
12.E-8Council Agenda 3-15-2022
Attachment 1.A
ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805)
264-1829
www.instagram.com/ac_vintage_designs
BILL TO
City of Pismo Beach
Colleen Cashmore-Ghiglia
[email protected]
Estimate Number:Painting of my
Design on Saint
Jude’s Tunnel and
on to signs
fabricated by
Southpaw signs
Estimate Date:February 17, 2022
Expires On:March 31, 2022
Grand Total (USD): $16,650.00
Items Quantity Price Amount
Design and Sign Painting
Scope of work:
Design time of the current graphic and the painting
of Saint Jude’s Tunnel design in all four sides, fronts of sides, and poles. Entrances painted on signs that
will be fabricated by Southpaw signs.
Surface texture of walls: very rough stucco.
Surface texture of signs: smooth
Time needed:
120 hours of prep and working painting time needed
with my being the sole painter in the job.
Priming and spraying and lettering of signs that will
be fabricated at Southpaw signs from aluminum.
Then the graphics will be hand painted on.
120 $120.00 $14,400.00
12.E-9Council Agenda 3-15-2022
Attachment 1.B
Items Quantity Price Amount
Materials
Items used for the job
-Paper patterns
-specialty sign enamel paint made by Ronan and
1shot.
-Montana spray cans for new back ground
-primer
-Custom Pantone match for each color
-disposable materials.
1 $2,250.00 $2,250.00
Total:$16,650.00
Grand Total (USD): $16,650.00
Notes / Terms
50% deposit required to start work.
Due to the supply chain, so materials may be more expensive or hard to get. There maybe adjusted increased costs on sign enamel paint.
ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805)
264-1829
www.instagram.com/ac_vintage_designs
12.E-10Council Agenda 3-15-2022
Attachment 1.B
Artist Agreement*
PUBLIC ART PROGRAM
City of Pismo Beach
This agreement is made and entered into between (1) the City of Pismo Beach (hereinafter “City”) and (2) AC Vintage Design, selected to participate in the Public Art Program (hereinafter “Artist”).
1. Artist may use paint type and paint products recommended by the City which are the following:
a. PAINT TYPE: either One Shot Letter Enamel or Ronan Paints One Stroke Lettering Enamel, high gloss paints specifically formulated to meet the requirements of the sign industry.
2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. Artist must provide his/her own additional supplies if needed. Please see item #14 for supply reimbursement details.
3. The City will have the St. Jude’s Tunnel cleaned, prepped, and primed prior to painting.
4. Artist will paint two (2) entryways at Painting of the entryways must be completed no later than December 31, 2021. A minimum sidewalk clearance of four feet must be adhered to at all times.
5. Electronics, equipment, and other markings on the tunnel entryways shall not be painted, including: official plaques, stickers, or identification numbers
6. The artist shall provide for City maintenance, operations, and emergency access to the St. Jude’s Tunnel.
7. Artist recognition via signature on the tunnel entryways may be no larger than 6” x 6”.
8. The completed artwork will be the property of the City, which retains the right to remove, modify, or replace the artwork if necessary without compensation to Artist.
9. The City may use images of the artwork for promotional purposes.
10. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature.
11. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity, or involve the attachment of any object(s) to the box.
12. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify damaged artwork if Artist is unavailable. The City may remove or modify artwork at any time to ensure continued uninterrupted operation of utilities. Notwithstanding anything to the contrary in the Visual Artist Rights Act, 17 U.S.C. section 106A, the City may remove or modify artwork at any time to ensure continued uninterrupted operations, or for other reasons determined in City’s sole discretion.
13.The City will pay $16,650 to the Artist within 30 days of completion. It is the artist’s responsibility to contact the Recreation Manager, Colleen Ghiglia at (805) 773-7049, at the time of completion.
14.Artist shall defend, indemnify, protect, and hold harmless the City, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions, infringement of third-party intellectual property rights, or the willful misconduct of the Artist, and Artist’s employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this Agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, and expenses (including without limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City.
Artist’s obligations shall survive the termination of this Agreement.
15.To protect the City, Artist shall execute a Consent Form before participating in the Public Art project.
16.Artist is and any of the Artist’s agents, employees or representatives are, for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to overtime, retirement benefits, worker’s compensation benefits, injury leave, or other leave benefits.
17.The City may terminate this Agreement at any time and for any reason.
18.Please sign this form and return to Gordon Jackson, Events and Tourism Director, for signature. The City will send you a signed copy for your records. Thank you. __________________________________________________ _______________________ Gordon Jackson, Events and Tourism Director Date __________________________________________________ _______________________ Artist Signature Date
*Details subject to change per City Council direction
12.E-11Council Agenda 3-15-2022
Attachment 2
12.E-12Council Agenda 3-15-2022
Attachment 2
Materials
AC Vintage Design will purchase and provide all needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint, and any additional supplies that may be needed.
Paint to be used: any combination of 1 Shot Lettering Enamel, Ronan One Stroke Lettering Enamel, and any other high gloss paints specifically formulated to meet the requirements ofthe sign industry.
Payment Terms
Total cost of all for design, mural and signage services provided by AC Vintage Design is $16,650. (Detailed Estimate Provided in separate sealed envelope per RFP) Payment arrangements expected as follows 50% will be invoiced upon approval of contract, and the remaining 50% to be invoiced upon completion of work.
Time Frame
The estimated time for AC Vintage Design to complete the proposed hand painting and mural work is estimated at 100 hours. A detailed estimate of time and materials has been included in this proposal in a separate sealed envelope. Per the Artist Agreement form drafted by City of Pismo Beach, and enclosed within this proposal, painting of the entryways must be completed no later than December 31, 2022, however, AC Vintage Design agrees to work in conjunction with South Paw Signs and other contractors on the project, within the agreed upon timeline established by the Consultant Team for the City after their review and consideration subject to availability of collaboration and cooperation by other contractors on the project.
Warranty
AC Vintage Design will provide a warranty on all hand painted signs and murals for a period of one year from completion.
3 Proposed Bello Street Entrance
4 12.E-13Council Agenda 3-15-2022
Attachment 2
Proposed Price Street Entrance
5 Detail of Verbiage for Price Street
Entrance
Detail of Verbiage for Bello Street
Entrance
6 12.E-14Council Agenda 3-15-2022
Attachment 2
Detail of St. Jude's Tunnel to appear on
both Bello and Price Street Entrances
•
7 DESIGN
ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805) 264-1829
www.instagram.com/ac_ vintage_designs
Estimate Number: Painting of my
Design on Saint
Jude's Tunnel and
on to signs
fabricated by
Southpaw signs
Estimate Date: February 17, 2022
Expires On: March 31, 2022
Grand Total (USO): $16,650.00
Quantity Price Amount
BILL TO
City of Pismo Beach
Colleen Cashmore-Ghiglia
[email protected]
Items
Design and Sign Painting
Scope of work:
Design time of the current graphic and the painting
of Saint Jude's Tunnel design in all four sides, fronts of sides, and poles. Entrances painted on signs that
will be fabricated by Southpaw signs.
Surface texture of walls: very rough stucco.
Surface texture of signs: smooth
Time needed:
120 hours of prep and working painting time needed
with my being the sole painter in the job.
Priming and spraying and lettering of signs that will
be fabricated at Southpaw signs from aluminum.
Then the graphics will be hand painted on.
Materials
Items used for the job
-Paper patterns
-specialty sign enamel paint made by Ronan and
1shot.
-Montana spray cans for new background primer
-Custom Pantone match for each color
-disposable materials.
120 $120.00 $14,400.00
$2,250.00 $2,250.00
12.E-15Council Agenda 3-15-2022
Attachment 2
DESIGN
Notes/ Terms
50% deposit required to start work.
-some materials have increased in price over the last two months.
ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805) 264-1829
www.instagram.com/ac_ vintage_designs
Total: $16,650.00
Grand Total (USO): $16,650.00
12.E-16Council Agenda 3-15-2022
Attachment 2