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change in the time for performance.
B. In the event that the installation site has not been adequately prepared for receipt of the Work as scheduled, or delivery or installation is delayed due to a material failure on the part of the City or its subcontractors, then the City shall promptly act to address the problem(s) identified by Artist. In such events, timelines for performance by Artist shall be extended as needed, provided, that none of the delays are caused in whole or in part by Artist.
Site preparation by City shall not include site measurements, which shall be the sole responsibility of Artist.
19. Public Lecture. If requested by the City, Artist will give one public art lecture (depending on timing either in person or electronically by webcast) regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of Rancho Cordova.
20. Model. As part of this Agreement, Artist will provide the City of Rancho Cordova one (1) Model and/or drawing of the proposed artwork.
21. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
22. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Artist, and by City, in accordance with applicable provisions of the Rancho Cordova City Code.
23. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
24. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
25. Choice of Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
26. Assignment Prohibited. The expertise and experience of Artist are material considerations for this Agreement. Artist shall not assign any right or obligation ITEM 16.2. ATTACHMENT 7
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pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
27. Binding Effect. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
28. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City and Artist and their successors and assigns. No other person, agency or entity shall have any right of action based upon any provision of this Agreement.
29. Term; Suspension; Termination.
A. This Agreement shall become effective on the date that it is signed by both parties, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Agreement, as specified in such notice.
C. City shall have the right to terminate this Agreement at any time by giving 30 days written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:
1. Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement.
2. City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Agreement not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
ITEM 16.2. ATTACHMENT 7
13 2026-10
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA ARTIST
______________________________ ______________________________ Micah Runner, City Manager Matthew Mazzota, Artist
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
Attachments
Exhibit I – Schedule for Completion of Work
Exhibit II - Specifications for Work
Exhibit III - Maintenance Report
ITEM 16.2. ATTACHMENT 7
14 2026-10
EXHIBIT I: SCHEDULE FOR COMPLETION OF WORK
The following schedule shall be adhered to in the design, fabrication and installation of the Work.
Artist understands that it is the City’s desire to have the Work installed at the ZBPO. Artist will make every effort reasonably feasible to meet this deadline specified in the schedule below. Artist and City understand that time is of the essence and both parties agree to be as responsive and diligent as reasonably feasible towards reaching this installation date. City agrees to process invoices for early completion of milestones to the extent reasonably feasible, in-order-to meet the desired deadline.
Start Date: Upon receipt of a Notice to Proceed from the City.
Phase 1: to be completed within 2 months after the completion of the contracting process and City’s issuing Notice to Proceed and approval of Phase 1: Final Conceptual Design Proposal.
Description: Delivery of the following:
• engineering drawings
• estimates from suppliers and fabricators documenting project expenses • receipt of required permits
• the Final Design Proposal (“Final Design”) for the Artwork in conformance with the Final Concept. The Final Design shall include:
a. Details and location of the Work including an indication of form, scale and proposed materials.
b. A detailed written description of the fabrication and installation methods (“Installation Specification”).
c. A detailed fabrication and installation schedule (“Installation Schedule”), describing Artist’s specific timelines for completing the Work. d. A project budget
e. Artist, at City’s option, shall be available to present the Final Proposal, at one or more project meetings, to City staff, The Committee for the Arts, the Project Architect, or other individuals and organizations, as needed. Artist agrees to collaborate closely with City through in-person meetings and other necessary means of communication to thoroughly integrate the Final Design into ZBPO site.
f. The City may approve, with minor changes, or disapprove the Final Design.
In the event that the City disapproves the Final Design, or approves it with minor changes, the Artist, upon written notification by the City, shall respond to the changes in writing and submit up to two design modifications to the Final Design. Artist recognizes and agrees that the City will review the Final Design as revised and may make additional requests for changes regarding ITEM 16.2. ATTACHMENT 7
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the revised Final Design.
Phase 2: to be completed within 11 months after City approval of Phase 1.
Description: Fabrication of Artwork
Milestone 2a: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
Milestone 2b: 100 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff before transportation to site.
a. Artist shall fabricate the Artwork in accordance with all Final Design drawings and Construction Drawings approved by the City. To the extent that any specification for the Artwork is not identified in the Final Design or in the Construction Drawings, Artist shall seek the City’s prior approval of these specifications before commencing with fabrication of the Artwork. b. Artist shall notify the City when the Artwork is at 50 percent and 100 percent completion. City must review and approve Artwork at each phase before Artist proceeds with the succeeding phase.
Phase 3: to be completed within 1 month after City approval of completion of Phase 2b.
Description: Complete installation. Artist will install artwork at the location as described in the Final Design and in accordance with the installation methods approved by the City.
Phase 4: to be completed within 1 month after Phase 3 is completed.
Description: Upon completion and installation of the Work, and acceptance of the Work by City, Artist shall satisfactory complete the Maintenance Report attached hereto as Exhibit III and submit 20 high resolution digital images of the fabrication and installation of the Artwork, and the completed Artwork to City. Artist will submit proof of all Final and Special Inspection documents. If requested by the City, Artist will deliver one Public Lecture within one year of project completion on a date to be mutually determined by the Artist and City of Rancho Cordova staff. Unless lecture is delivered immediately after installation of Artwork while Artist is in Rancho Cordova, lecture will be delivered electronically by webcast over the internet on a mutually determined electronic platform, date and time.
In no event shall Artist begin work on any Milestone or Phase without first receiving a written Notice to Proceed from City.
ITEM 16.2. ATTACHMENT 7
16 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT II: SPECIFICATIONS OF WORK ARTWORK
CONCEPT WRITTEN DESCRIPTION
Titled, PASSING THROUGH, the artwork tells the story of traversing the City of Rancho Cordova’s streets, sidewalks and paths while connecting to its wildlife and natural landscapes. The city has the beautiful balance of urban, rural, and wild, however it's not often to get all the elements together in one location. PASSING THROUGH bridges this divide on one of the cites newest bridges.
Taking advantage of the location - a busy transit corridor and crossroads of a variety of pedestrian and vehicle traffic - the oversized Great Blue Heron stands tall looking over those passing through on all their modes of transportation. The immersive artwork is unique in that it doesn't decorate the overpass or pedestrian path, but offers a peaceful and other worldly experience. The installation can been seen from a range of different locations and becomes a landmark for the tremendous amount of local travelers that pass by during the day. The image of a cherished local bird reminds us that this land is shared with all the beings that call this place home.
Design Goals
● Celebrates the diverse life in and around Rancho Cordova ● Engages this urban location to tell a larger story about identity of the area (river) ● Uplifting for those that travel through everyday and whimsical for newcomers ● Compliments the hardscape with a natural and organic theme ● Message and visual will continue to be relevant (bringing nature center stage) ● Shows Rancho Cordova is committed to a positive global impact and connects us to the natural world
Transportation plays a role in our changing climate. Having animals woven into the visual landscape is a reminder of what is at stake: Life on our shared planet. Rancho Cordova is a place of welcoming and embraces people from all over the world (29th most diverse city in the United States). PASSING THROUGH expands this notion to all the life that surrounds the City and beyond, by pulling the life of a local animal into focus and reminding us that we all share the same home.
The principal materials used in the fabrication are fiberglass and steel. The sculpture will be located on the north side of the freeway on the southside of the underpass and stand approximately 18’ tall.
ITEM 16.2. ATTACHMENT 7
17 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
CONCEPT DESIGN
ITEM 16.2. ATTACHMENT 7
18 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED SCHEDULE
Approval/contracting: February – May 2026
Final design/permitting: July 2026
Fabrication: August 2026 – April 2027
Pack Ship: April 2027
Installation: May 2027
ITEM 16.2. ATTACHMENT 7
19 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED BUDGET
ITEM 16.2. ATTACHMENT 7
20 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT III: MAINTENANCE REPORT
Artist:
Address:
Home Phone: Work Phone:
Studio Phone:
1. Title of the Artwork:
2. Medium or material:
3. Edition information, if applicable:
4. Date and place executed:
5. Collaborating artist(s), if applicable.
6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.
7. Location of signature and copyright mark, if it occurs.
8. Exhibitions pertaining only to the above-named work, if any.
9. Published reviews or articles concerning the above-named work.
ITEM 16.2. ATTACHMENT 7
21 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)
11. Materials used in the execution of the Artwork (be technical and specific).
12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).
13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.
14. Foundation/installation structure (include armature bolt/pin size, grout, etc.).
15. Handling instructions.
16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).
ITEM 16.2. ATTACHMENT 7
22 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).
18. Special handling and/or storage instructions.
19. Special cautions or concerns regarding the Artwork.
20. Packing, shipping or storage instructions (should the need arise). 6262214.2
ITEM 16.2. ATTACHMENT 7
ITEM 16.2. ATTACHMENT 8
Resolution No. XX-2026 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2026-11 IN AN AMOUNT NOT TO EXCEED $200,000 WITH AARON STEPHENS FOR SITE #4 ARTWORK PIECE CASCADE FOR THE ZINFANDEL DRIVE BICYCLE AND
PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2026-11 with Aaron Stephens in an amount not to exceed $200,000 for final engineering, fabrication and installation of the Site #4 artwork titled Cascade for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project (“Project”); and
WHEREAS, on August 5, 2024 the City Council adopted an Art Plan for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project that includes a comprehensive signage program and four pieces of prominent public art; and
WHEREAS, the artwork and signage for the Project has been budgeted at $1,400,000 in the city’s current approved Capital Improvement Plan and in the 2025/2026 budget; and WHEREAS, in accordance with the City Council adopted Art Plan, a thorough solicitation process was followed that included a request for qualifications and an art review panel evaluating artist qualifications and proposals for each site; and WHEREAS, art panel has recommended Aaron Stephens Cascade piece for Site #4 of the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project located on the north gateway of the bike trail near Olson Drive.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2026-11 in an amount not to exceed $200,000 with Aaron Stephens and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garrett Gatewood, Mayor
ITEM 16.2. ATTACHMENT 8
Resolution No. XX-2026 Page 2 of 2
ATTEST:
Stacy Leitner, CMC
City Clerk
1 2026-11
CONTRACT TO PURCHASE ARTWORK
This Agreement is made at Rancho Cordova, California, as of February 2, 2026 (“Effective Date”), by and between the City of Rancho Cordova, a municipal corporation (“City”), and
Aaron Stephan
142 Pearl Street
Portland ME 94101
207-409-4690
[email protected]
(“Artist”). The City and Artist may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires.
RECITALS
A. The City Council of Rancho Cordova approved an Art Plan on August 5, 2024 which allocated funding for artworks in the Zinfandel Bicycle and Pedestrian Overcrossing (ZBPO). Artworks to be commissioned or purchased by the City are selected through a review process in coordination with the City’s Public Works Department. Once the City’s Public Works Department has a recommendation for artwork related to an eligible project the City Council will consider the recommendation. The City Council has final say on the selection and placement of artwork within the City as well as the appropriation and use of funds from this program.
B. Funds have been allocated for the selection, purchase and placement of artwork to be installed at the City of Rancho Cordova ZBPO. The artist is selected through a competitive process and the artwork concept is to be approved by the City Council.
C. The Proposed Art Work is located in the California Department of Transportation (Caltrans) Right of Way and it is the intent of the City at a later date to transfer the Art Work title to Caltrans. A condition of that transfer will require the Artist to sign the Caltrans Copyright License and Waiver or Moral Rights prior to the issuance of any required encroachment permit.
NOW THEREFORE, the Parties mutually agree as follows:
1. Scope of Work. Subject to the terms and conditions set forth in this Agreement, Artist shall:
A. In accordance with the schedule set forth in Exhibit I, purchase on Artist's account all labor, supplies, materials and equipment required to design and furnish to the City an artwork (the "Artwork" or “Work”) at ZBPO and fabricate, deliver and install the Work at ZBPO to the satisfaction of City and in substantial conformance with Artist's Design Proposal (“Proposal”).
B. The Artwork shall be placed and located per the specifications set forth in Exhibit II.
ITEM 16.2. ATTACHMENT 9
2 2026-11
C. Artist shall not commence performance of any of the services identified in section 1.A until receiving a written “Notice to Proceed” from the City for each Phase and Milestone of this project.
D. City shall provide Artist at no expense to Artist, all reasonably necessary information including, but not limited to, copies of existing designs, site plans, drawings, reports, list of required permits, and other existing relevant data, if any, needed by Artist in order to perform Artist’s obligations within fifteen (15) days of Artist’s written request itemizing the requested information.
E. City shall provide Artist with any other reasonably necessary information concerning all applicable laws and regulations, including zoning or environmental regulations, within fifteen (15) days of Artist’s written request itemizing the requested information. Notwithstanding the foregoing, Artist shall be responsible for complying with all laws, including, without limitation, zoning and environmental laws and regulations.
2. Payment.
A. Artist shall be paid an amount not to exceed two-hundred thousand dollars ($200,000), for production of the Artwork, as set forth herein.
B. Payments to Artist shall be made within 30 days after receipt of Artist’s invoices following completion of the tasks set forth below. Artist shall be responsible for supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any agreements with galleries or agents with whom Artist may have contracted. City is not responsible for paying sales tax.
C. Payments to Artist shall be made upon completion of the following tasks as described in Exhibit I:
(1) Twenty-five thousand dollars ($25,000) upon submission of evidence of insurance acceptable to the City, execution of this Agreement, and dispatch of purchase order by the City.
(2) Sixty-Five thousand dollars ($65,000) upon completion of Phase 1:
Final design proposal.
(3) Forty-thousand dollars ($40,000) upon completion of Phase 2.a milestone: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
(4) Twenty-five thousand dollars ($25,000) upon completion of Phase 2.b milestone. 100 percent completion of Artwork
fabrication and approval by City of Rancho Cordova staff before transportation to site.
(5) Twenty thousand dollars ($20,000) upon completion of Phase 3.
ITEM 16.2. ATTACHMENT 9
3 2026-11
Complete installation of Artwork at agreed upon location. (6) Five-thousand dollars ($5,000) upon completion of Phase 4.
Acceptance of Work by City; City acceptance of Maintenance Report (Exhibit III); submission of 20 high resolution digital images of fabrication and installation of artwork and completed artwork to City; submission of proof of all Final and special Inspection documents.
D. No payment shall be made if Artist is in default of this Agreement or if any milestone or Phase is not completed to the satisfaction of City. City shall have sole discretion to determine whether a milestone or Phase has been completed to its satisfaction.
3. Time of Performance; Documentation of Work. Time is of the essence in this Agreement. Artist shall dedicate such time and effort as is necessary to fulfill Artist’s obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule, except as the Work may be delayed by circumstances described in section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Agreement. Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) professional quality digital images documenting the processes of Work fabrication and installation, and the completed Work. Artist shall also provide City with a complete schedule for maintenance of the Work in the form reflected in Exhibit III hereto.
4. Artist Warranties.
A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability. Artist shall not be responsible for repair or damage to the Work site not caused by Artist or Artist’s Work.
B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights, including copyrights, of any person or entity. Artist also warrants that, unless otherwise stipulated in writing, the Work is original, that it is an edition of one (1), and that Artist shall has not sold, licensed, or reproduce a substantially similar copy of the Work. However, nothing contained herein shall prevent the Artist from creating future works in their style and manner ITEM 16.2. ATTACHMENT 9
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of working.
C. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by City.
D. Copyright: Artist owns the copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work. Artist authorizes the City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes.
E. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws. Specifically, and without limitation, Artist is fully aware of the provisions of Labor Code section 1720 et seq. regarding payment of prevailing wages in connection with public works, and Artist shall comply with such laws, as applicable. Artist’s execution of this Agreement is an acknowledgment that it has had the opportunity to obtain independent legal advice and counsel in this regard prior to executing this Agreement. Neither the City nor any of its employees, agents, or representatives have rendered opinions to Artist respecting the applicability of Labor Code section 1720 et seq. to the Work or installation thereof, and Artist has not relied on any such representation in entering into this Agreement. In the event any claim of any kind or nature based on Labor Code section 1720 et seq. (including section 1781) is brought or made against the City in connection with this Agreement, the Work, or its installation, Artist shall defend, indemnify, and hold harmless the City with respect to such claim in accordance with paragraph 12, below.
5. Transfer of Title to Work. Title to the Work shall remain with Artist until City has accepted the Work as completed and it is installed to the satisfaction of City. When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within fifteen (15) business days of Artist’s notification of completion, unless the provisions of 7(A)(1) or 7(A)(2) apply.
6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness or injury, this Agreement may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City’s sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Agreement. In the event of such termination, City may take such action as may appear to it appropriate ITEM 16.2. ATTACHMENT 9
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under the circumstances, including, without limitation of the generality of the foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on or near the Work, unless Artist and City mutually agree otherwise.
7. Acceptance of Work.
A. City agrees to accept the completed Work unless the Work was not completed in substantial conformance with the Proposal or the Specifications, all as determined by the City, and to the City’s satisfaction.
B. Upon notifying Artist with the City’s written notice of refusal to accept the Work for the reasons stated in paragraph 7(A) City shall have the right to:
1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Agreement and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity.
Enforcement of one such remedy shall not be exclusive, nor shall it be deemed an election of such remedy to the exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.
C. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.
8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected after City’s acceptance of the Work. City agrees that it will not intentionally destroy damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. City will maintain the artwork in accordance with the Maintenance requirement. This does not preclude the City’s right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist, concerning placement, though the ultimate placement of the Work is solely within the City’s discretion.
9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee to be determined. In the event Artist refuses to make the repairs whether due to lack of agreement on the fee, or otherwise, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable.
10. Work Authorship. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City ITEM 16.2. ATTACHMENT 9
6 2026-11
shall no longer represent the Work to be the Work of Artist if Artist gives written notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph.
11. Artist Payment of Contractors and Employees. In the event Artist hires or contracts with employees, subcontractors, or material suppliers, Artist shall pay these employees, subcontractors, or material suppliers any amounts due out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof of payment to the City prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage.
12. Indemnity. Artist shall defend, hold harmless, and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate solely to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Agreement, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees as determined by a court of competent jurisdiction. Unless and until such determination is made, or as otherwise agreed, artist shall defend, indemnify, and hold harmless the City, its officers, and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. Insurance. During the entire term of this Agreement, Artist shall maintain the insurance coverage described in this Section 13. Full compensation for all premiums that Artist is required to pay for the insurance coverage described herein shall be included in the compensation paid to Artist under this Agreement. No ITEM 16.2. ATTACHMENT 9
7 2026-11
additional compensation will be provided for Artist’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Artist that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Agreement.
A. Minimum Scope & Limits of Insurance Coverage
1. General Liability:
a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:
Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars
($1,000,000)
Personal & Advertising Injury: One Million Dollars ($1,000,000) e. If a product and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice each occurrence limit, or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to this contract.
2. Automobile Liability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of hired, and non-owned automobiles. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbols 8, and 9 (hired, and non-owned).
c. The limits of liability per accident shall not be less than:
Combined Single Limit: One Million Dollars ($1,000,000) d. If general liability coverage, as required above, is provided by the Commercial General Liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability.
3. Worker's Compensation
ITEM 16.2. ATTACHMENT 9
8 2026-11
a. Worker's Compensation Insurance, with coverage as required by the State of California (unless the Artist is a qualified self-insurer with the State of California), and Employers Liability coverage. The Artist shall execute a certificate in compliance with Labor Code Section 1861. b. Employer’s Liability Coverage shall not be less than the statutory requirements.
c. If an injury occurs to any employee of the Artist for which the employee or his dependents, in the event of his death, may be entitled to compensation from the City under the provisions of the Acts, for which compensation is claimed from the City, there will be retained out of the sums due the Artist under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Artist. d. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
4. Other Insurance Provisions: The general liability coverage shall contain the following provisions and endorsements:
a. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, premises owned, occupied, or used by the Artist, or automobiles owned, leased, hired, or borrowed by the Artist on a separate endorsement acceptable to the Risk Manager. b. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work performed by the Artist.
c. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers. d. Provision or endorsement stating that for any claims related to this contract, the Artist’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers to the extent the City is an additional insured. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Artist’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. e. Any failure to comply with reporting or other provisions of the policies on the part of the Artist, including breaches of warranties, shall not affect Artist’s requirement to provide coverage to the City, its officers, officials, employees, agents or volunteers.
5. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' ITEM 16.2. ATTACHMENT 9
9 2026-11
rating of no less than A:VII.
6. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the City.
7. The Artist shall furnish the City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At any time at the written request of the City, Artist agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions.
8. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.
9. The Artist shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non- renewal, or material changes of coverage proposed or otherwise.
10. If the Artist fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Artist under the contract.
11. Failure of the City to obtain such insurance shall in no way relieve the Artist from any of its responsibilities under the contract.
12. The making of progress payments to the Artist shall not be construed as relieving the Artist or its Sub-Artists or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.
13. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.
14. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Artist are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Artist under the Contract.
14. Property of the City. It is mutually agreed that the Work, and all materials and components prepared by Artist related to creating the Work thereto under this Agreement, shall become the property of City, and Artist shall have no property ITEM 16.2. ATTACHMENT 9
10 2026-11
right there in whatsoever. Immediately upon termination and/or completion of this Agreement, City shall be entitled to, and Artist shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Artist in performing this Agreement which is not Artist’s privileged information, as defined by law, or Artist’s personnel information, along with all other property belonging exclusively to City which is in Artist’s possession. Publication of any information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an agreement for services and each considers the products and results of the services to be rendered by Artist hereunder to be work made for hire. Except as set forth herein, Artist acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by the City.
15. Waiver of VARA and CAPA Rights. To the fullest extent permitted by law, and as concerns rights acquired by the City or any party whom the City transfers title to the Work, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.
16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.
17. Artist Change of Address. Artist shall notify City of Rancho Cordova in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Agreement during the time of the omission. Any waiver of a right pursuant to this Agreement for failure to maintain Artist's current address may be cured prospectively only by notifying City of Rancho Cordova of Artist’s current address. All rights of Artist pursuant to this Agreement shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.
18. Excuse from Performance.
A. In the event Artist’s performance of any of his obligations or undertakings under this Agreement is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the reasonable control of either party to this Agreement, Artist shall be excused from any further performance for whatever period of time after the occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has ITEM 16.2. ATTACHMENT 9
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been excused, and the delay or interruption has resulted in a material change in the time for performance.
B. In the event that the installation site has not been adequately prepared for receipt of the Work as scheduled, or delivery or installation is delayed due to a material failure on the part of the City or its subcontractors, then the City shall promptly act to address the problem(s) identified by Artist. In such events, timelines for performance by Artist shall be extended as needed, provided, that none of the delays are caused in whole or in part by Artist.
Site preparation by City shall not include site measurements, which shall be the sole responsibility of Artist.
19. Public Lecture. If requested by the City, Artist will give one public art lecture (depending on timing either in person or electronically by webcast) regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of Rancho Cordova.
20. Model. As part of this Agreement, Artist will provide the City of Rancho Cordova one (1) Model and/or drawing of the proposed artwork.
21. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
22. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Artist, and by City, in accordance with applicable provisions of the Rancho Cordova City Code.
23. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
24. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
25. Choice of Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
26. Assignment Prohibited. The expertise and experience of Artist are material ITEM 16.2. ATTACHMENT 9
12 2026-11
considerations for this Agreement. Artist shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
27. Binding Effect. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
28. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City and Artist and their successors and assigns. No other person, agency or entity shall have any right of action based upon any provision of this Agreement.
29. Term; Suspension; Termination.
A. This Agreement shall become effective on the date that it is signed by both parties, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Agreement, as specified in such notice.
C. City shall have the right to terminate this Agreement at any time by giving 30 days written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:
1. Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement.
2. City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Agreement not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
ITEM 16.2. ATTACHMENT 9
13 2026-11
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA ARTIST
______________________________ ______________________________ Micah Runner, City Manager Aaron T. Stephan, Artist
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
Attachments
Exhibit I – Schedule for Completion of Work
Exhibit II - Specifications for Work
Exhibit III - Maintenance Report
ITEM 16.2. ATTACHMENT 9
14 2026-11
EXHIBIT I: SCHEDULE FOR COMPLETION OF WORK
The following schedule shall be adhered to in the design, fabrication and installation of the Work.
Artist understands that it is the City’s desire to have the Work installed at the ZBPO.
Artist will make every effort reasonably feasible to meet this deadline specified in the schedule below. Artist and City understand that time is of the essence and both parties agree to be as responsive and diligent as reasonably feasible towards reaching this installation date. City agrees to process invoices for early completion of milestones to the extent reasonably feasible, in-order-to meet the desired deadline.
Start Date: Upon receipt of a Notice to Proceed from the City.
Phase 1: to be completed within 2 months after the completion of the contracting process and City’s issuing Notice to Proceed and approval of Phase 1: Final Conceptual Design Proposal.
Description: Delivery of the following:
• engineering drawings
• estimates from suppliers and fabricators documenting project expenses • receipt of required permits
• the Final Design Proposal (“Final Design”) for the Artwork in conformance with the Final Concept. The Final Design shall include:
a. Details and location of the Work including an indication of form, scale and proposed materials.
b. A detailed written description of the fabrication and installation methods (“Installation Specification”).
c. A detailed fabrication and installation schedule (“Installation Schedule”), describing Artist’s specific timelines for completing the Work. d. A project budget
e. Artist, at City’s option, shall be available to present the Final Proposal, at one or more project meetings, to City staff, The Committee for the Arts, the Project Architect, or other individuals and organizations, as needed. Artist agrees to collaborate closely with City through in-person meetings and other necessary means of communication to thoroughly integrate the Final Design into ZBPO site.
f. The City may approve, with minor changes, or disapprove the Final Design.
In the event that the City disapproves the Final Design, or approves it with minor changes, the Artist, upon written notification by the City, shall respond to the changes in writing and submit up to two design modifications to the Final Design. Artist recognizes and agrees that the City will review the Final Design as revised and may make additional requests for changes regarding ITEM 16.2. ATTACHMENT 9
15 2026-11
the revised Final Design.
Phase 2: to be completed within 11 months after City approval of Phase 1.
Description: Fabrication of Artwork
Milestone 2a: 50 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff.
Milestone 2b: 100 percent completion of Artwork fabrication and approval by City of Rancho Cordova staff before transportation to site.
a. Artist shall fabricate the Artwork in accordance with all Final Design drawings and Construction Drawings approved by the City. To the extent that any specification for the Artwork is not identified in the Final Design or in the Construction Drawings, Artist shall seek the City’s prior approval of these specifications before commencing with fabrication of the Artwork. b. Artist shall notify the City when the Artwork is at 50 percent and 100 percent completion. City must review and approve Artwork at each phase before Artist proceeds with the succeeding phase.
Phase 3: to be completed within 1 month after City approval of completion of Phase 2b.
Description: Complete installation. Artist will install artwork at the location as described in the Final Design and in accordance with the installation methods approved by the City.
Phase 4: to be completed within 1 month after Phase 3 is completed.
Description: Upon completion and installation of the Work, and acceptance of the Work by City, Artist shall satisfactory complete the Maintenance Report attached hereto as Exhibit III and submit 20 high resolution digital images of the fabrication and installation of the Artwork, and the completed Artwork to City. Artist will submit proof of all Final and Special Inspection documents. If requested by the City, Artist will deliver one Public Lecture within one year of project completion on a date to be mutually determined by the Artist and City of Rancho Cordova staff. Unless lecture is delivered immediately after installation of Artwork while Artist is in Rancho Cordova, lecture will be delivered electronically by webcast over the internet on a mutually determined electronic platform, date and time.
In no event shall Artist begin work on any Milestone or Phase without first receiving a written Notice to Proceed from City.
ITEM 16.2. ATTACHMENT 9
16 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT II: SPECIFICATIONS OF WORK ARTWORK
CONCEPT WRITTEN DESCRIPTION
“Cascade” is composed from 50 streetlights carefully arranged at both sides of the ZBPO directly before entering the North-side underpass. The individual fixtures resemble those you might find in a public park, expect that each one is meticulously fabricated at a slightly smaller cale than the individual fixtures resemble those you might find in a public park, except that each one is meticulously fabricated at a slightly smaller scale than the last. In its entirety, the work contains a dramatic scale shift cascading form a full-sized light fixture at 18-feet tall to a miniature fixture at 4-feet tall. The result is a unique experience of both respite and wonder-that welcomes visitors to the ZBPO.
The work is designed to pull community and visitors to the site-with a directional energy-and glimpses of the work from the surrounding streets. Rancho Cordova’s strong agricultural roots have shaped its identity. “Cascade” pays tribute to this heritage through its ornamental brackets. These carefully crafted aluminum supports replicate the grapevines that characterize the region and the street itself where the artwork is installed. Viewed from the underpass, the descending scale of Cascade creates an impression of forced perspective that invites the viewer into the artwork, using it as a beacon and transition point for their return to the city of Rancho Cordova.
ITEM 16.2. ATTACHMENT 9
17 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
CONCEPT DESIGN
ITEM 16.2. ATTACHMENT 9
18 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED SCHEDULE
Approval/contracting: February – May 2026
Final design/permitting: July 2026
Fabrication: August 2026 – April 2027
Pack Ship: April 2027
Installation: May 2027
ITEM 16.2. ATTACHMENT 9
19 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
ESTIMATED BUDGET
ITEM 16.2. ATTACHMENT 9
20 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074 EXHIBIT III: MAINTENANCE REPORT
Artist:
Address:
Home Phone: Work Phone:
Studio Phone:
1. Title of the Artwork:
2. Medium or material:
3. Edition information, if applicable:
4. Date and place executed:
5. Collaborating artist(s), if applicable.
6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.
7. Location of signature and copyright mark, if it occurs.
8. Exhibitions pertaining only to the above-named work, if any.
9. Published reviews or articles concerning the above-named work.
ITEM 16.2. ATTACHMENT 9
21 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)
11. Materials used in the execution of the Artwork (be technical and specific).
12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).
13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.
14. Foundation/installation structure (include armature bolt/pin size, grout, etc.).
15. Handling instructions.
16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).
ITEM 16.2. ATTACHMENT 9
22 DocuSign Envelope ID: 219A8581-9A17-4CF1-B5F5-DC8B17CEE074
17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).
18. Special handling and/or storage instructions.
19. Special cautions or concerns regarding the Artwork.
20. Packing, shipping or storage instructions (should the need arise). 6262214.2
ITEM 16.2. ATTACHMENT 9
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.3.
DATE: February 2, 2026
TO: Honorable Mayor and Council Members
FROM: Ian Winbrock, Management Analyst II
Megan Siren, Assistant to the City Manager
SUBJECT: ART IN PUBLIC PLACES: FY 2024/25 ACCOMPLISHMENTS AND UPCOMING PROJECTS FOR FY 2025/26-2026/27
RECOMMENDATION
Receive the presentation.
RESULT OF RECOMMENDED ACTION
The Council will be updated on the FY 2024/25 Public Art projects and informed of the plans for the FY 2025/26 & 2026/27 Public Art projects and programs.
BACKGROUND
The Art in Public Places Bucket was established in FY 2018/19 through the Community Enhancement & Investment Fund (CEIF) to support public art projects across the City of Rancho Cordova. The program was further guided by the city’s Arts Strategic Plan adopted in FY 2019/20, which reinforces the role of public art in strengthening community identity, enhancing public spaces, and ensuring opportunities are inclusive and accessible.
Since the program’s inception, the city has invested in a range of public art projects citywide— including utility box wraps, murals, mosaics, and temporary installations—to expand access to arts experiences in everyday places. These investments total approximately $250,000 and have supported 26 utility box wraps, five murals, one mosaic, and ten temporary art installations.
Most recently, the FY 2024/25 Art in Public Places program advanced a “test and learn” approach focused on temporary public art that supports placemaking, community engagement, accessibility, and transportation safety. This work included three Lincoln Village Asphalt Art Murals and pilot installations of Sidewalk Poetry (two locations) and Placemaking Words (one location). The Lincoln Village asphalt art effort was delivered through close coordination across city departments and partnerships with local artists and community organizations, and it culminated in a community paint day on Spring Service Day, May 17, 2025 following Council discussion on January 6, 2025. The effort leveraged the passion of 75 community volunteers to paint with 100 gallons of paint in order to install the three asphalt art murals while the streets were closed for 15 hours. Lessons learned from planning, outreach, and paint day
City Council Staff Report - Page 2 of 2
implementation were documented to strengthen future projects, including refining timelines, clarifying messaging, and deepening early engagement with partners and residents.
Looking ahead, the city is positioned to build on this momentum through a National Endowment for the Arts’ OurTown grant we've received, which will fund both an update to the city’s Arts Strategic Plan and the city’s first artist-in-residence program at the Zinfandel Bicycle and Pedestrian Overcrossing (ZinBPOC). The Arts Strategic Plan Update will refresh the 2019 plan into a more actionable framework with goals, metrics, and clearer processes for delivering and sustaining public art over time, supported by community engagement and a return to Council for consideration and adoption. The FY 2025/26 & 2026/27 Art in Public Places bucket will be allocated to support the Arts Strategic Plan Update and the artist-in-residence program.
FISCAL IMPACT AND FUNDING SOURCE
The budget for Community Enhancement & Investment Fund (CEIF) - Art in Public Places bucket for Fiscal Year 2025/26 was approved at $50,000 and planned at $50,000 for Fiscal Year 2026/27. In addition, the city received a $95,000 National Endowment for the Arts (NEA) Our Town grant to support the Arts Strategic Plan Update and the Artist-in-Residence Program which are estimated to cost $345,000. Funding for the Arts Strategic Plan Update and Artist-inResidence Program will be funded by the NEA Our Town grant in the amount of $95,000, the CEIF Art in Public Places buckets for FY 2025/26 & 2026/27 in the amount of $100,000 and the general fund in the amount of $150,000.
ATTACHMENT(S)
1. Presentation
1 FY 25 - 27 ART IN PUBLIC PLACES
February 2, 2026
CityOfRanchoCordova.org
ITEM 16.3. ATTACHMENT 1
2 OUTLINE
FY 25
Projects
FY 26 & FY 27
Projects Next Steps
ITEM 16.3. ATTACHMENT 1
3 ARTS STRATEGIC PLAN PROGRESS SINCE 2019
Accomplishments
Annual calendar of arts events
Increased Rancho Cordova Arts Council capacity
Identified facility needs for performing arts
Inventory of performing arts facility
Built volunteer base for arts events
City Hall improvements supporting performances
Utility box art wrap program
Full utilization of the MACC
Community art events / activities
Promoted installation of art in the community
ITEM 16.3. ATTACHMENT 1
4 FY 25 PROJECTS: TEMPORARY
LINCOLN VILLAGE ASPHALT ART MURALS
x3
ITEM 16.3. ATTACHMENT 1
5 ITEM 16.3. ATTACHMENT 1
6 ITEM 16.3. ATTACHMENT 1
7 PROJECT #2
SIDEWALK POETRY x2 & PLACEMAKING WORDS x2
ITEM 16.3. ATTACHMENT 1
8 FUTURE OPPORTUNITIES
FY26 – FY27
ITEM 16.3. ATTACHMENT 1
9 OurTown Grant
• Most prestigious creative placemaking grant program
• Supports projects that integrate arts, culture, and design • Strengthens communities long-term through art
OurTown grant will fund
1. Arts Strategic Plan consultant
2. City’s first artist-in-residency program at the ZinBPOC ITEM 16.3. ATTACHMENT 1
10 Update of a 5+ year plan
• Include actionable priorities, goals and metrics
• Public art processes, roles and evaluation
• Maintenance plan
How we will develop it
• Released competitive RFP
• Currently evaluating consultants
• Engage public & arts community
Arts Strategic Plan Update
ITEM 16.3. ATTACHMENT 1
11 • City’s first artist-in-residence program
• Six artists creating temporary public art
• Artist support and professional development
• Community-centered and place-based
• Builds capacity for future temporary public art
• Elevate local arts organizations and artists
Zin BPOC Artist residency
ITEM 16.3. ATTACHMENT 1
12 2026
• Launch ZinBPOC artist residencies
• Conduct community engagement for
Arts Strategic Plan update
• Draft Arts Strategic Plan and update
Council
2027
• Fabricate and install temporary
public artworks
• Finalize Arts Strategic Plan update
• Council adopts Arts Strategic Plan update
A look ahead: 2026 & 2027
ITEM 16.3. ATTACHMENT 1