HomeMy WebLinkAbout4308RESOLUTION NO. 4308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ADDENDUM NO. 1 TO
THE AGREEMENT BETWEEN THE CITY OF AUBURN
AND TOM ASKMAN AND LEA ANNE LAKE DBA ENIGMA
LAKE ART COMPANY FOR WEST MAIN STREET PUBLIC
ART WORK
WHEREAS, the City and. Tom Askman and Lea Anne Lake entered into
Agreement for Artistic Services ("Agreement") pursuant to Resolution No. 4077,
under which Tom Askman and Lea Anne Lake were to design, execute, fabricate
and install integrated streetscape artwork as part of the West Main Street
Improvement Project; and
WHEREAS, the City wishes to modify the original scope of the project;
and
WHEREAS, additional funds are required to complete the project due to
increased market cost of metal materials, additional engineering fees for
required re-draft of footings construction, and additional studio fees and
insurance as a result of unforeseen delays in the project; and
WHEREAS, Section 2 of the Agreement limits expenditures to Thirty
Thousand Dollars ($30,000.00) unless the parties execute an addendum to
increase the amount; and
Resolution No. 4308
January 31, 2008
Page 1 of 3
WHEREAS, it is in the public interest for the parties to enter into an
addendum to reflect the modified scope of work and increased costs for the
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute Addendum No. 1 to the Agreement for Artistic
Services approved by Resolution 4077 on August 21, 2006, between the City of
Auburn and Tom Askman and Lea Anne Lake dba Enigma Lake Art Company,
which addendum shall be in substantial conformity with the addendum attached
hereto, marked as Exhibit "A" and incorporated herein by this reference.
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.
Resolution No. 4308
January 31, 2008
Page 2 of 3
Dated and Signed this 2day of _, 2008.
ITY OFlJB1J?FtN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS-TO FORM:
City
Resolution No. 4308
January 31, 2008
Page 3 of 3
ORIGiNAL
Exhibit "A"
ADDENDUM NO. ONE
ADDENDUM TO THE AGREEMENT FOR ARTWORK
BETWEEN TOM ASKMAN AND LEA ANNE LAKE AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this Z, day of February, 2008, by and
between Tom Askman and Lea Anne Lake dba Enigma Lake Art Co. , (hereinafter referred to as
"ARTIST") and the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), as an addendum to the Agreement between the parties for
Art Work executed on the 21 st day of August, 2006, and authorized by Resolution No. 4077 of the
Auburn City Council.
WITNESSETH:
WHEREAS, the City wishes to modify the original scope of the project; and
WHEREAS, additional funds are required to complete the project due to increased market
cost of metal materials, additional engineering fees for required re-draft of footings construction, and
additional studio fees and insurance as a result of unforeseen delays in the project; and
WHEREAS, Section 2 of the original Agreement limits expenditures to Thirty Thousand
Dollars ($30,000.00) unless the parties execute an addendum to increase the amount.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO ARTICLE 1.2 PROJECT. Article 1.2, Project, of the
Agreement is amended to reflect the following changes in scope of services:
Phase I relates to the fabrication, transportation and installation of vertical elements. Due
to previously unconfirmed right-of-way issues, the bollard elements will be eliminated from the
project, entirely. Phase 1 provides for the fabrication, installation and transportation of three (3)
static and two (2) kinetic dragonfly sculptures. Footings for the three (3) static dragonfly sculptures
and the two (2) kinetic dragonfly sculptures will be completed / installed by the W. Main Street
Improvement Project contractor. All five (5) vertical elements will be painted per request by City.
Phase II, relating to the design and fabrication of integrated sidewalk treatments of
sandblasted designs will be completed as follows:
a. "Sandblasted designs" refers to dragonfly designs or other nature-themed designs
Page 1
sandblasted no more than % inch into the sidewalk, per ADA requirement.
b. Installation / Sandblasting will take place between Interurban Trail and UPRR railroad
tracks, on both sides of the street. The design will include five (5) 2'x3' sandblasted dragonflies, two
(2) 6'x4' sandblasted dragonflies, and seven (7) 12" pressed/acid stained ants.
Phase III refers to the design, execution, fabrication, transportation and installation of
"additional/alternate" integrated artwork elements, and is modified as follows:
a. Due to budget analysis, the Duratherm crosswalk element will be eliminated from the
project, entirely.
b. A standard "Foliage" design for the tree-grates, recommended by the City of Auburn's
W. Main Street Improvement Project engineer, produced by East Jordan Iron Works Inc., or
approved alternate, will be acquired and installed entirely by said Project Construction budget and
therefore be eliminated from the Public Art Project.
ITEM TWO REVISION TO ARTICLE 2, COMPENSATION AND PAYMENT SCHEDULE
That Article 2.1 FEE of the Agreement is amended to provide the following language:
2.1 The initial $30,000 for execution of the Agreement (Article 2.1) has been paid. An
additional amount of $9,083.00 for completion of W. Main Public Art Project shall be paid to the
ARTISTS. All other provisions of Article 2.1 inconsistent herewith are replaced and superceded in
accordance with the above.
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement between the parties for Artwork executed on the 21st day of August, 2006, shall
remain unchanged, and in full force and effect.
Page 2
_, r,
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OFAUBTJfjW-----
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By:
Peter . Lewis, Mayor
ARTIST
By: L22221ZW'01? -
o Askman
Tax # 520-42-8220
Attest:
Danielle E. Daskam, City Clerk
Mt
Da el B. Heid, ity Attorney
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