HomeMy WebLinkAbout02-17-2004 ITEM VIII-B-5CITY OFWX
AGENDA BILL APPROVAL FORM
3E4 WASHINGTON
Agenda Subject Public Artwork by Brandon Zebold
Date:
2/10/2004
Department: Parks and
Attachments: Resolution 3689 and
I
Budget Impact:
Recreation
An Agreement for Artwork
Administrative Recommendation:
City Council adopt Resolution 3689.
Background Summary:
Resolution 3689 authorizes the Mayor to sign an agreement with artist Brandon Zebold to design,
execute, fabricate, and install artwork in the Lakeland Hills development at the junction of Lakeland Hills
Way and Evergreen Way, on the southwest corner directly across from the Lakeland Hills Community
Center.
In conjunction with the mandate to incorporate public art into City construction projects, the artist was
chosen through a competitive selection process in accordance with the Auburn Arts Commission and in
partnership with the Lakeland Hills Homeowners Association, to create a free-standing Cor -ten steel
sculpture.
In consideration of a $30,000 fee, the artist will work with the Commission, Lakeland Hills Homeowners
Association, and City Staff to complete this work.
0216-4
05.1.3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes [-]NO Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Singer Staff: Faber
Meeting Date: February 17, 2004 Item Number: VIII.B.5
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3689
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH BRANDON
ZEBOLD TO DESIGN, FABRICATE AND INSTALL ARTWORK
FOR LAKELAND HILLS
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT:
WHEREAS, the City desires to contract with artist Brandon Zebold to
design, execute, fabricate and install artwork at Lakeland Hills ; and
WHEREAS, the artist was selected by the City through a procedure
approved by the Auburn Arts Commission to create an artwork to be located at
Lakeland Hills at the junction of Lakeland Hills Way and Evergreen Way, on the
southwest corner directly across from the Lakeland Hills Community Center;
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVE THAT:
Section 1. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute an Agreement with Brandon
Zebold to design, execute, fabricate, and install artwork for the Lakeland Hills
A copy of the Agreement is attached hereto, designated as Exhibit "A", and
incorporated by reference in this Resolution.
---------------------------
Resolution No. 3689
February 4, 2004
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
DATED AND SIGNED this day of February, 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
TO FORM:
p(niel B.
ity Attorney
---------------------------
Resolution No. 3689
February 4, 2004
Page 2 of 2
AN AGREEMENT FOR ARTWORK
This Agreement is made and entered into this day of 2004, by and between
the City of Auburn, Washington, a municipal corporation of the State of Washington herein referred to.
as "CITY" and Brandon Zebold, 115 — 26h Avenue, Seattle, Washington 98122 (Telephone: 206-860-
7945), herein referred to as ARTIST.
WHEREAS, the CITY desires to contract with ARTIST to provide a. Cor -ten steel sculpture
to be installed at Lakeland Hills, Auburn, Washington; and
WHEREAS, the ARTIST was selected by the CITY through a procedure approved by the
Auburn Arts Commission to design, execute, fabricate and install an artwork, herein referred to as
the WORK and located at Lakeland Hills at the junction of Lakeland Hills Way and Evergreen
Way, on the southwest corner directly across from the Lakeland Hills Community Center, herein
referred to as the SITE;
NOW THEREFORE THE CITY AND THE ARTIST INCONSIDERATION OF THE
CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
Article 1. SCOPE OF SERVICE
1.1 GENERAL
The ARTIST shall be responsible for all services and furnish all supplies,
material, and equipment as necessary for the design, execution, fabrication,
transportation and installation of the WORK at the SITE.
The WORK is described as follows: A free-standing Cor -ten steel sculpture
consisting of a 3 -sided pyramidal base (72 -inches tall) and atop the base, a Cor -ten
steel sphere (50 -inches diameter). The sphere will be flame cut in an integral pattern
Resolution 3689 -Exhibit A
February 4, 2004
Page 1 of 13
NAAgendalt/2004/Res3689A
of landscape images as included in the ARTIST's original proposal on January 22,
2004.
The proposed artwork will be required to pass review by a licensed structural
engineer. The ARTIST shall pay for such engineering review. The ARTIST shall
modify the design and/or construction of the artwork based on the engineering
review, if necessary.
1.2 EXECUTION OF WORK
The ARTIST shall approach the construction of the work in accordance with
the proposed model and drawings, which were presented by the ARTIST to the
Selection Committee and which was approved by the Auburn Arts Commission on
February 9, 2004.
A. The ARTIST shall provide all labor and materials necessary to:
1. Produce and complete a finished work of art;
2. Deliver the artwork;
3. Install the artwork in accordance with the agreed upon schedule.
B. The ARTIST will seek out regular updates from the City on deadlines
relevant to the art project:
C. The ARTIST shall coordinate the schedule for implementation and
completion of studio fabrication with the Auburn Arts Commission.
D. The CITY shall have the right to review the WORK during fabrication. The
CITY will set a schedule of visits with the ARTIST.
E. The WORK shall be completed and installed no later than September 15, 2004.
Resolution 3689 -Exhibit A
February 4, 2004
Page 2 of 13
NAAgendalt/2004/Res3689A
1.3 DELIVERY AND INSTALLATION
A. The ARTIST shall deliver and install the completed WORK at the site in
compliance with the schedule set forth in section 1.2.A,
B. The CITY shall approve installation plans presented by the artist prior to
installation.
C. Site installation shall be prepared by the ARTIST with CITY approval.
D. During installation, the ARTIST shall secure the SITE and ensure the safety
of the public and the WORK. The CITY shall determine when installation is
complete and shall inspect SITE during installation.
1.4 POST -INSTALLATION
A. The CITY will provide photo documentation of the WORK for CITY files.
B. The ARTIST shall be available at such time or times as may be agreed
between the CITY and the ARTIST to attend any presentation ceremonies
relating to the transfer of the WORK to the CITY. The CITY shall use its
best efforts to arrange for publicity for the completed WORK.
C. Upon installation of the WORK, the ARTIST shall provide to the CITY
written instructions for appropriate maintenance and preservation of the
WORK.
1.5 FINAL ACCEPTANCE
A. The ARTIST shall advise the CITY in writing when all services required
have been completed in substantial conformity to the stated Proposal.
B. The CITY shall notify the ARTIST in writing of its final acceptance of the
WORK.
Resolution 3689 -Exhibit A
February 4, 2004
Page 3 of 13
NAAgenda1t/2004/Res3689A
1.6 RISK OF LOSS
The risk of loss or damage to the WORK shall be borne by the ARTIST until
final acceptance, and the ARTIST shall take such measures as are necessary to
protect the WORK from loss or damage until final acceptance.
1.7 INDEMNIFICATION
The ARTIST agrees to indemnify, defend, and hold the CITY, its agents,
representatives, and employees harmless from and against any and all claims, causes
of action or demands or any form of liability of any nature arising out of the
performance of the WORK and the obligations contained in this Agreement on the
part of the ARTIST, his agents, representatives, and employees except where such
claims arise solely from the negligent acts of the CITY, its agents, representatives, or
employees.
1.8 TITLE
Title to the WORK shall pass to the CITY upon final acceptance.
1.9 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance, all studies, drawings, designs, and models prepared
and submitted under this Agreement shall be returned to the ARTIST and shall
belong to the ARTIST.
1.10 INSURANCE
The ARTIST agrees to obtain, and maintain during the time period that the
WORK is being installed on the CITY'S premises, comprehensive liability insurance
in minimum amounts of not less than ONE MILLION AND NO/100s DOLLARS
($1,000,000) per occurrence to protect the CITY, its agents, officers, and employees
Resolution 3689 -Exhibit A
February 4, 2004
Page 4 of 13
N.\Agendalt/2004/Res3689A
from any claims by any person for damage to persons or property arising out of or
resulting from the performance of this Agreement during the time that the WORK is
being installed on the CITY'S premises. The insurance policy shall name the CITY
OF AUBURN as additionally insured. The policy shall require a minimum of thirty
(30) days prior written notice to the CITY of any cancellation or expiration of the.
policy or any modification of any provisions of the policy. The ARTIST shall be
required to provide a Certificate of Insurance to the CITY 'prior to commencing
performance under the terms of this Agreement.
1.11. INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the ARTIST is an independent
contractor and not the agent or employee of the CITY and that no liability shall
attach to the CITY by reason of entering into this Agreement except as otherwise
provided herein. The parties agree that this Agreement may not be assigned in whole
or in part without the written consent of the CITY.
ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE
2.1 FEE
The CITY shall pay the ARTIST a fixed fee of Thirty Thousand and No/l 00s
Dollars ($30,000), which shall constitute full compensation for all services,
engineering permits and materials to be performed and furnished by the ARTIST
under this Agreement. All fees shall be paid in accordance with standard CITY
business procedures in the following installments:
Resolution 3689 -Exhibit A
February 4,2004.
Page 5 of 13
N: Agendalt/2004/Res3689A
A. Twelve Thousand and No/l00s Dollars ($12,000) upon final execution of this
Agreement in recognition of services conducted by the ARTIST to execute
this Agreement, and for purchase of materials.
B. Three Thousand and No/100s Dollars ($3,000) upon initial fabrication and
inspection by CITY of principal elements of the WORK.
C. Seven Thousand Five Hundred and No/100s Dollars ($7,500) upon 50% of
the fabrication and inspection by the CITY of the WORK.
D. Seven Thousand Five Hundred and No/100s Dollars ($7,500) upon
successful installation and acceptance of the WORK.
E. Services for each phase of work must be invoiced by ARTIST and mailed to:
City of Auburn Arts Commission, 910 Ninth Street Southeast, Auburn,
Washington 98002 (Telephone: 253-804-5057).
F. The ARTIST will submit the final invoice and other documents as are
required by this contract/agreement within thirty (30) days of completion of
the installation of WORK. Unless waived by the CITY in writing, failure by
the artist to submit final invoice and required documents will relieve the
CITY of any and all liability for payment to the ARTIST for the amount set
forth in such invoice or in any subsequent invoice.
At each fee/fabrication milestone outlined above, the ARTIST will submit a
brief written report, which describes the progress to date.
2.2 TAXES
The ARTIST is responsible for payment of all local, state, and federal taxes,
which may be due from his work as a result of performance under this contract.
Resolution 3689 -Exhibit A
February 4, 2004
Page 6 of 13
N:\Agendalt/2004/Res3689A
ARTIST understands that taxes are included in the agreed upon fee of Thirty
Thousand and No/100s. Dollars (30,000).
2.3 ARTIST EXPENSES
A. The ARTIST shall be responsible for the payment of all shipping charges, the
costs of transporting the WORK to the SITE, the costs of all travel by
ARTIST and the ARTIST's agents and employees necessary for the proper
performance of the services required under this Agreement, and all other
expenses related to the performance of this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the ARTIST as set forth in Article i shall be
completed in accordance with the schedule for completion of the WORK as
proposed by the ARTIST and approved by the CITY pursuant to Section 1.2.A
provided that such time limits may be extended or otherwise modified by written
agreement between the ARTIST and the CITY.
ARTICLE 4. WARRANTIES
4.1 WARRANTIES OF TITLE
The ARTIST represents and warrants that: (a) the WORK is solely the result
of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to
the CITY, the WORK is unique and original and does not infringe upon any
copyright; (c) the WORK has not, or a duplicate thereof has not, been accepted for
sale elsewhere; and (d) the WORK is free and clear of any liens from any source
whatever.
Resolution 3689 -Exhibit A
February 4, 2004
Page 7 of 13
NAAgendalt/2004/Res3689A
4.1 WARRANTIES OF QUALITY AND CONDITION
The ARTIST represents and warrants, except as otherwise disclosed to the
CITY in writing and in connection with submission of the Proposal, that the
execution and fabrication of the WORK will be performed in a workmanlike
manner; and the WORK as fabricated and installed, will be free of defects in material
and workmanship; and reasonable maintenance of the WORK will not require
procedures substantially in excess of those described in the maintenance
recommendations to be submitted by the ARTIST. The warranties described in this
section shall survive for a period of three (3) years after the final acceptance of the
WORK: The CITY shall give notice to the ARTIST of any observed breach with
reasonable promptness. The ARTIST shall, at the request of the. CITY, and at no
cost to the CITY, cure reasonably and promptly the breach of any such warranty
which is curable by the ARTIST and which cure is consistent with professional
conservation standards.
ARTICLE 5. REPRODUCTION RIGHTS
5.1 GENERAL
The ARTIST retains all rights under the Copyright Act of 1976 and all other
rights in and to the WORK except ownership and possession and except as such
rights are limited by this Section. In view of the intention that the WORK in its final
dimension shall be unique, the ARTIST shall not make any additional exact
duplicate, three-dimensional reproductions of the final WORK nor shall the ARTIST
grant permission to others to do so except with the written permission of the CITY.
The ARTIST grants to the CITY and its assigns an irrevocable license to make
Resolution 3689 -Exhibit A
February 4, 2004
Page 8 of 13
N:\Agendalt/2004/Res3689A
1
5.2
representative photographic reproductions of the WORK for non-commercial
purposes, including but not limited to reproductions used in brochures, media
publicity, note cards, and catalogues or other similar publications, provided that
these rights are exercised in a manner which depicts the integrity of the WORK.
NOTICE
All reproductions by the CITY shall contain a credit to the ARTIST in the following
form: "(Title)" 2004 Brandon Zebold
5.3 CREDIT TO THE CITY
The ARTIST shall use his best efforts to give a credit reading substantially, "An
original WORK owned and commissioned by the City of Auburn, Washington" in
any public showing under the ARTIST's control of the reproductions of the WORK.
ARTICLE 6. ARTIST'S RIGHTS
6.1 IDENTIFICATION
The CITY will provide a bronze plaque to be delivered to the ARTIST prior
to installation. The ARTIST shall provide to the CITY, for review and approval,
specified plaque dimensions six (6) weeks prior to the installation. The plaque shall
be installed by the ARTIST simultaneously with the WORK.
6.2 MAINTENANCE
The CITY recognizes that maintenance of the WORK on a regular basis is
essential to the integrity of the WORK. The. CITY shall make reasonable efforts to
assure that the WORK is properly maintained and protected, taking into account the
instructions of the ARTIST provided in the maintenance agreement and shall make
Resolution 3689 -Exhibit A
February 4; 2004
Page 9 of 13
NAAgendaIt/2004/Res3689A
reasonable efforts to protect and maintain the WORK against the ravages of time,
vandalism, and the elements.
6.3 REPAIRS AND RESTORATION
The CITY shall have the right to determine when and if repairs and
restorations to the WORK will be made. The ARTIST shall not unreasonably
withhold approval for any repair or restoration of the. WORK. If the ARTIST
unreasonably fails to approve any repair or restoration, the CITY shall have the right
to make such repair or restoration.
6.4 ALTERATION OF THE WORK OR OF THE SITE
A. The CITY agrees that it will not intentionally damage, alter, modify, or
change the WORK without the prior written approval of the ARTIST. The
CITY will contact the ARTIST and advise him/her of such changes.
B. Nothing in this section shall preclude any right of the CITY to remove the
WORK from public display.
6.5 PERMANENT RECORD
The CITY shall maintain on permanent file a record of this Agreement and of
the location and disposition of the WORK.
6.6 ARTIST ADDRESS
The ARTIST shall notify the CITY of changes in his address. The failure to
do so within 30 days of said change, if such failure prevents the CITY from locating
or notifying the ARTIST where required under the terms of this Agreement, shall be
deemed a waiver by the ARTIST of the right subsequently to enforce those
provisions of this Article 6 that require the express approval of the ARTIST.
Resolution 3689 -Exhibit A
February 4, 2004
Page 10 of 13
N: WgendaIt/2004/Res3689A
ARTICLE 7. NON-DISCRIMINATION
The ARTIST shall comply with all federal, state, and local laws and
ordinances prohibiting discrimination and employment with regard to age, sex, race,
color, creed, national origin, or physical, mental handicap.
ARTICLE 8. NOTICES
Any notice required or permitted under this Agreement may be personally
served or given in writing and shall be deemed sufficiently given or served if sent by
registered or certified mail addressed to the respective parties as follows:
Susan Gochoel
Cultural Programs Manager
Auburn Arts Commission
910 Ninth Street SE
Auburn, WA 98002
Brandon Zebold
115 26th AVE.
Seattle, WA 98122
Either party may, by like notice at any time, designate a different address to which
notices shall be set. Notice in accordance with these provisions shall be deemed
received when mailed.
ARTICLE 9 TERMINATION.
If either party to this Agreement shall willfully or negligently fail to fulfill in
a timely and proper manner or otherwise violate any form of the covenants,
agreements, or stipulations material to this Agreement, the othe party shall thereupon
have the right to terminate this Agreement by giving written notice to the defaulting
party of its intent to terminate specifying the grounds for termination. In the event of
default by the CITY, the CITY shall promptly compensate the ARTIST for all
Resolution 3689-1;xhibit A
February 4, 2004
Page 11 of 13
N:\Agendaltf2004/Res3689A
services performed by the ARTIST prior to termination. In the event of default by
the ARTIST, all finished and unfinished drawings, sketches, photographs, models,
and other work products under this Agreement shall become the CITY'S property.
The CITY shall compensate the ARTIST for all work as performed prior to
termination. Notwithstanding, the ARTIST shall not be relieved.of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by the ARTIST and the CITY may reasonably withhold payments to the ARTIST
until such time as the exact amount of such damages due the CITY from the ARTIST
is determined.
ARTICLE 10. GENERAL PROVISIONS
A. This Agreement may not be changed or modified nor any provision hereof waived
except in writing agreed to by both parties.
B. This Agreement shall be construed in accordance with any and all questions with
respect hereto shall be determined by the laws of the State of Washington.
C. The non -prevailing party agrees to pay all reasonable costs, attorney's fees and
expenses that may be incurred by the substantially prevailing party in enforcing the
provision of this Agreement.
D. In the performance of the WORK, the ARTIST agrees to comply with all applicable
state and local laws, rules, and regulations.
Resolution 3689 -Exhibit A
February 4, 2004
Page 12 of 13
NAAgendalV2004/Res3689A
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ARTIST
BRANDON ZEBOLD
Tax #: 533-58-6045
ATTEST:
Danielle Daskam, City Clerk
Resolution 3689 -Exhibit A
February 4, 2004
Page 13 of 13
NAAgendalt/2004/Res3689A