HomeMy WebLinkAbout3275RESOLUTION NO. 3275
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN
AGREEMENT WITH PHILLIP LEVINE TO DESIGN, FABRICATE AND INSTALL
A WORK OF ART FOR THE "J" STREET ENTRY TO LES GOVE PARK.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to execute an Agreement with Phillip Levine to design, fabricate,
and install a work of art for the "J" Street entry to Les Gove Park. A copy of said
Agreement is attached hereto, denominated as Exhibit "A ", and made a part hereof as
though set forth in full herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
DATED AND SIGNED this day of November, 2000.
Resolution No. 3275
October 16, 2000
Page 1 of 2
CITY OF AUBURN
cam, a 2..4
CHARLES A. BOOTH
MAYOR
ATTEST:
iLls.
am lle Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3275
October 16, 2000
Page 2 of 2
Resolution 3275
Exhibit A
AN AGREEMENT FOR ARTWORK
This Agreement is made and entered into this
ORIGINAL
day of October, 2000 by
and between the CITY OF AUBURN, WASHINGTON, a municipal corporation of the
State of Washington herein referred to as CITY and Phillip Levine, 430 South 124th
Street, Seattle, Washington 98168 (Telephone: 206 - 244 - 7139), herein referred to as
ARTIST.
WHEREAS, the CITY desires to contract with ARTIST to design a sculptural
piece of artwork, to be installed at the entrance into Les Gove Park at the corner of 12th
Street Southeast and J Street Southeast, herein referred to as the WORK; and
WHEREAS, the ARTIST was selected by the CITY through a procedure approved
by the Auburn Arts Commission:
NOW THEREFORE, THE CITY AND THE ARTIST IN CONSIDERATION OF
THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
ARTICLE I. SCOPE OF SERVICES.
1.1 GENERAL
A. 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.
B. The WORK is described as follows: A bronze female figurative
sculpture standing on a base of concrete steps leading up to a steel
Agreement- Phillip Levine
October 4, 2000
Page 1 of 15
Resolution 3275 — Exhibit A
and bronze open gateway at top of steps. The ARTIST will
fabricate all of the elements.
1.2 EXECUTION OF WORK
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. It is anticipated that the ARTIST will be required to attend a
maximum of three (3) meetings with Parks and Recreation, and
other City staff to review signage elements that may be incorporated
into the selected site of the artwork.
C. The ARTIST will seek out regular updates from the Auburn Arts
Commission on scheduling information and deadlines relevant to
the art project.
D. The ARTIST shall coordinate the schedule for implementation and
completion of studio fabrication with the Auburn Arts Commission.
E. The WORK shall be completed and installed by March 31, 2001.
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. Should the work be completed prior to the schedule set forth in
Section 1.2.A the ARTIST shall store the work at his/her own
expense. A revised installation date shall be agreed upon by the
CITY and the ARTIST.
Agreement - Phillip Levine
October 4, 2000
Page 2 of 15
Resolution 3275 — Exhibit A
C. The CITY shall approve installation plans presented by the artist
prior to installation.
D. Site installation shall be prepared by the ARTIST with CITY
approval.
E. 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 ARTIST 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 3275 — Exhibit A
Agreement - Phillip Levine
October 4, 2000
Page 3 of 15
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
DOLLARS ($1,000,000) per occurrence to protect the CITY, its agents,
officers and employees from any claims by any person for damage to
Agreement - Phillip Levine
October 4, 2000
Page 4 of 15
Resolution 3275 — Exhibit A
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
additional 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 $30,000.00 (Thirty
Thousand and no /100s Dollars) 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:
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October 4, 2000
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Resolution 3275 — Exhibit A
A. Five Thousand and No /100s Dollars ($5,000.) upon final
execution of this Agreement in recognizing that the ARTIST
has already invested time and expense in the preliminary
design coordination with the CITY and has created a
working model of the WORK.
B. Five Thousand and No /100s Dollars ($5,000.) upon
inspection by CITY of the initial construction of the
figurative female form.
C. Ten Thousand and No /100s Dollars ($10,000.) upon
approval by CITY of the clay, plaster, and steel form of the
female figure, structure of door frame, and form for concrete
base.
D. Seven Thousand and No /100s Dollars ($7,000.) upon
inspection by CITY of the completion and finish of WORK.
E. Three Thousand and No /100s Dollars ($3,000.) upon
successful installation and written acceptance of the WORK.
At each fabrication/fee milestone outlined above, the ARTIST will submit a
brief written report, and supply Polaroid photographs, which describes the
progress to date.
Services for each phase of work must be invoiced by ARTIST and mailed
to: City of Auburn Arts Commission, 25 West Main Street, Auburn,
Washington 98001 (Telephone: 253- 804 -5057; fax is 253- 288 - 3132).
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 Scope 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.
Agreement- Phillip Levine
October 4, 2000
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Resolution 3275 — Exhibit A
2.2 TAXES
The ARTIST is responsible for payment of all local, state, and federal taxes
which may be due from his as a result of performance under this contract.
ARTIST understands that taxes are included in the agreed upon fee of
$30,000 (Thirty Thousand and No /100s dollars).
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 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.
B. The ARTIST shall submit a budget for this project to the CITY upon
acceptance of this contract.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the ARTIST as set forth in Article 1 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.
Agreement - Phillip Levine
October 4, 2000
Page 7 of 15
Resolution 3275 — Exhibit A
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.
Agreement - Phillip Levine
October 4, 2000
Page 8 of 15
Resolution 3275 — Exhibit A
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:
" (Name)" (Year) Phillip Levine
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.
Agreement- Phillip Levine
October 4, 2000
Page 9 of 15
Resolution 3275 — Exhibit A
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 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
\ \A_
Agreement - Phillip Levine
October 4, 2000
Page 10 of 15
Resolution 3275 — Exhibit A
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 provision 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.
Agreement - Phillip Levine
October 4, 2000
Page 11 of 15
Resolution 3275 — Exhibit A
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:
Cultural Programs Manager
CITY OF AUBURN
25 West Main Street
Auburn, Washington 98001
Phillip Levine
430 South 124th Street
Seattle, Washington 98168
Either party may by like notice at any time designate a different address to
which notices shall be sent. Notice given 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 other
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 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.
Agreement - Phillip Levine
October 4, 2000
Page 12 of 15
Resolution 3275 — Exhibit A
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 provisions 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.
Agreement - Phillip Levine
October 4, 2000
Page 13 of 15
Resolution 3275 — Exhibit A
ATTEST:
anie e Daskam
City Clerk
ROVED
S TO F
RM:
Michael J. Reynolds
City Attorney
Agreement - Phillip Levin
October 4, 2000
Page 14 of 15
WA'
CITY OF AUBURN
ntiacia es,;k
CHARLES A. BOOTH
MAYOR
PHILL LEVIN
Tax # 91- 1002905
Resolution 3275 — Exhibit A
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
C
On this �f day of , 2000, before me, the undersigned,
a/� Notary Public in and for the State of Washington, personally appeared
e , to me known to be the individual who executed the within and
foregoing instrument, and acknowledged said instrument to be his/her free and voluntary
act and deed, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the date hereinabove set forth.
1
) a i'-, fie_ c
NOTARY P LIC in and for he State of Washington,
residing in
MY COMMISSION expires: /rI 2 C (73
Agreement - Phillip Levin
October 4, 2000
Page 15 of 15
Resolution 3275 — Exhibit A