HomeMy WebLinkAboutITEM VIII-B-5
CITY OF
BURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Auburn Community Center Public Art Commission Date: October 8, 2008
Department: Parks, Arts and Attachments: Resolution No. 4406 Budget Impact:
Recreation and Artist Agreement
Administrative Recommendation:
City Council adopt Resolution No. 4406.
Background Summary:
In 2008, a decision was made to proceed with the construction of the Auburn Community Center building,
and as part of that public art would be integrated into the project. A budget of $85,000 is set up for the
design, project administration, fabrication and installation of this piece.
After reviewing all eligible applications, led by 4Culture, the panel selected Seattle artist Virginia Paquette
as the recommended artist. The artist will work with the City's Community Center Committee to plan,
design and implement work for an integrated work for this site.
Staff requests Council to adopt Resolution 4406 authorizing the Mayor and City Clerk to contract with
Artist Virginia Paquette to provide artistic services for this project.
R1020-1
A3.16.5, 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 Museum Board ? Public Works ? Human Resources
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until
Tabled Until _/
Councilmember: Norman Staff: Faber
Meeting Date: October 20, 2008 Item Number: VIII.13.5
AUBURN *MORE THAN YOU IMAGINED
RESOLUTION NO. 4 4 0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A CONTRACT WITH VIRGINIA
PAQUETTE TO DESIGN, FABRICATE, AND INSTALL A PUBLIC
ART PIECE INTO THE DESIGN OF THE NEW AUBURN
COMMUNITY CENTER BUILDING AND SITE
WHEREAS, the City of Auburn is currently designing the new Auburn
Community Center; and
WHEREAS, the City desires to contract with Artist Virginia Paquette to design,
build and install artwork for this site; and
WHEREAS, the art work is to be an integrated design component of the Auburn
Community Center, requiring coordination between the Artist and the City's architects
and contractor selected to construct the Auburn Community Center.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an
agreement with Virginia Paquette to design, fabricate, and install the integrated art work,
in substantial conformity with the agreement attached hereto and designated as Exhibit
"A", and incorporated by reference in this resolution.
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Resolution No. 4406
October 8, 2008
Page 1
SIGNED and DATED this day of October, 2008.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VE S TO FORM:;
Daniel B. ftid, City Attorney
Resolution No. 4406
October 8, 2008
Page 2
AGREEMENT FOR ARTWORK
This Agreement is made and entered into this day of October, 2008, by and between the City
of Auburn, Washington, a municipal corporation of the State of Washington ("City") and VIRGINIA
PAQUETTE, whose address and phone number are, 5607 - 16th Avenue NE, Seattle, WA 98105;
206.524.6929. ("Artist")
WHEREAS, the City is currently designing the Auburn Community Center ("Center"); and
WHEREAS, the City desires to contract with Artist to design, build and install artwork ("Work") for the
Auburn Community Center; and
WHEREAS, the Work is to be an integrated design component of the Auburn Community Center,
requiring coordination between the Artist, the City's architects, and the contractor selected to construct the
Auburn Community Center,
NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS
AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
ARTICLE 1. SCOPE OF SERVICE
1.1 GENERAL
The Artist shall, in consultation with the City's architect, BLRB Architects ("BLRB"), design
the Work, which shall be integrated into the over-all design of the Center. The Artist shall
also consult with BLRB in BLRB's design of the Center and BLRB's oversight of the Center's
construction.
The Artist shall be responsible for all services and shall furnish all supplies, material, and
equipment as necessary for the design, execution, fabrication, transportation and installation
of the Work at the Site.
The Artist shall coordinate the design, fabrication and installation of the Work with BLRB and
the contractor selected to construct the Auburn Community Center ("Contractor").
1.2 POST-INSTALLATION
A. The City will provide photo documentation of the Work for City files. The City will
provide a copy of this documentation to the Artist.
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.
1.3 FINAL ACCEPTANCE
A. The Artist shall advise the City in writing when all services required have been
completed in substantial conformity as presented to the Community Center
Subcommittee.
B. The City shall notify the Artist in writing of its final acceptance of the Work.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
1.4 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, including any protective measures necessary to prevent
damage to the Work during construction of the Center.
1.5 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, the Artist's agents,
representatives, and employees except where such claims arise solely from the negligent
acts of the City, its agents, representatives, or employees.
1.6 TITLE
Title to the Work shall pass to the City upon final acceptance.
1.7 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and
submitted under this Agreement shall be returned to the Artist and shall belong to the Artist.
1.8 INSURANCE
The Artist agrees to obtain, and maintain during the term of this agreement comprehensive
liability insurance in minimum amounts of not less than ONE MILLION DOLLARS
($1,000,000) per occurrence to protect the City, its agents, officers, and employees from any
claims by any person for damage to persons or property arising out of or resulting from the
Artist's performance under this Agreement. 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.
1.9 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 for satisfactory completion of the artwork in the total fixed
amount of $85,000.00 (eighty-five thousand and no/100 U.S. Dollars) which shall constitute
full compensation for all services, engineering permits and materials to be performed and
furnished by the Artist under this Agreement except as noted under paragraph 2.4, Building
Construction Credits. All fees shall be paid in accordance with standard City business
practices. At each fee/fabrication Phase outlined above, the Artist will submit a brief written
report, which describes the progress to date, and invoice the City at that time.
2.2 PAYMENT
The first payment of 1/4 of $85,000. ($21,250.00) will be paid by the City to the Artist upon
signing this Agreement. The second payment of 1/4 of $85,000 ($21,250.00) will be paid by
the City to the Artist upon completion of and approval of final design drawings. The third
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 2 of 7
payment of 1/4of $85,000 ($21,250.00) will be paid by the City to the Artist upon completion
of fabrication. The final payment of the remaining 1/4 of $85,000 ($21,250.00) shall be
made to Artist no later than ten (10) days after the delivery and installation as specified in
this Agreement by Artist.
2.2 TAXES
The Artist is responsible for payment of all local, state, and federal taxes, which may be due
from the Work as a result of performance under this contract. Artist understand that taxes
are included in the agreed upon fee set forth in Article 2.1.
2.3 ARTIST EXPENSES
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 the 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.
2.4 BUILDING CONSTRUCTION CREDITS
If The Work provides a functional building construction element that replaces an element
previously budgeted by BLRB in the cost estimate dated 9/3/2008, then a "credit" for the cost
of that replaced element will be considered by the City of Auburn Community Center
Committee as a potential credit.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the Artist shall be completed in accordance with the schedule
for completion of the Center as established by BLRB Architects. Construction is anticipated
to begin in March 2009 and occupancy of the building is projected in April 2010.
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.
4.2 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.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 3 of 7
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 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.
5.2 NOTICE
All reproductions by the City shall contain a credit to the Artist in the following form: "Title,"
"year", "Artist".
5.3 CREDIT TO THE CITY
The Artist shall use her 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' control of the reproductions of the Work.
ARTICLE 6. ARTIST'S RIGHTS
6.1 IDENTIFICATION
The City will provide a plaque(s) 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 identifying the work as outlined in Article 5.2 shall be
installed by the City.
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 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 DEACCESSIONING OF THE WORK
In the circumstance where a commissioned artwork is physically part of the building or
landscape and it is not an independent object(s) that can be safely removed, the City may
require the Artist to waive VARA (Visual Artists Rights Act of 1990) in regards only to the
destruction of the artwork. Prior to the destruction of the artwork, the City will attempt to
contact the Artist and secure the situation. In the event that the remodeling of the building or
landscape destroys part of the artwork, the City will de-access the artwork and, at the
request of the Artist, remove any attribution to the Artist. The City reserves the right to
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 4 of 7
de-access artwork under the following conditions:
A. The Center or landscape is structurally or otherwise altered and can no longer
accommodate the Work,
B. The portion of the Center or landscape in which the Work is located is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or
has its surrounding environment altered in a way that significantly and adversely
impacts the Work.
C. The Center is sold or acquired by an entity other than City of Auburn.
D. There is a documented history of incident(s) that shows the Work is a threat to
public safety.
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/her 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.
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:
Laurie Rose,
Cultural Arts Manager
City of Auburn
Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
Telephone" 253-931-3043
Virginia Paquette
5607-16 th Avenue NE
Seattle, WA 98105
Telephone: 206-524-6929
Either party may, by like notice at any time, designate a different address to which notices shall be
sent. Notice in accordance with these provisions shall be deemed received when mailed.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 5 of 7
ARTICLE 9. TERMINATION
Either party may terminate this Agreement upon written notice to the other party if the other party
fails substantially to perform in accordance with the terms of this Agreement through no fault of the
party terminating the Agreement.
In the event of default by the City, the City shall promptly compensate the Artist for all 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
10.1 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may not be
changed or modified nor any provision hereof waived except in writing agreed to by both
parties.
10.2 APPLICABLE LAW
This Agreement and the rights of the parties hereunder shall be governed by the interpreted
in accordance with the laws of the State of Washington and venue for any action hereunder
shall be in King County, Washington. 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.
10.3 COSTS TO PREVAILING PARTY
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
10.4 COMPLIANCE WITH APPLICABLE LAWS
In the performance of the Work, the Artist agrees to comply with all applicable state and local
laws, rules, and regulations.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 6 of 7
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel . Heid, City Attorney
ARTIST
VIRGINIA PAQUETTE
Tax
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 7 of 7