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HomeMy WebLinkAbout4866 RESOLUTION NO 4 8 6 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 BRAD RUDE TO FABRICATE, AND INSTALL A PUBLIC ART PIECE FOR THE REPLACEMENT OF A STOLEN ARTWORK WHEREAS, the City desires to contract with Artist to repair, re-build and install artwork ("Work") for the Centennial Park; and WHEREAS, the Artist was commissioned in 1992 for the creation of 'The Long Look' which was stolen and the City seeks to replace the sculpture with like work. 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 Brad Rude to fabricate, and install the public artwork, 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. 4866 October 2, 2012 Page 1 SIGNED and DATED this day of October, 2012. CITY OF AUBURN PETER LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APPR XED AS TO FORM: VZO Da ei ity Attorney Resolution No. 4866 October 2, 2012 Page 2 i AGREEMENT FOR ARTWORK This Agreement is made and entered into this%,;t day of ,by and between the City of Auburn, Washington,a municipal corporation of the State of Washington("City")and Brad Rude,whose address is 7852 Mill Creek road, Walla Walla, WA 99362 herein referred to as"ARTIST" i WHEREAS,the City desires to contract with Artist to repair,re-build and install artwork("Work")for the Centennial Park and WHEREAS,the Artist was commissioned in 1992 for the creation of The Long Look which was stolen and the City seeks to replace the sculpture with like work NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS. 1. ARTICLE I. SCOPE OF SERVICE 1.1 GENERAL The Artist shall,in consultation with Auburn Parks,Arts& Recreation Staff and Auburn Arts Commission. The artist is expected to coordinate the design, fabrication and installation with the site project team and the Auburn Parks,Arts&Recreation and Auburn Arts Commission. 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 be responsible for the pick-up of the remaining parts of the original sculpture that were not taken. 1.2 EXECUTION OF WORK The Artist shall approach the project accordance with the approved model and/or drawings provided, which will be recommended by the City of Auburn Arts Commission for approval by the Auburn City Council. A. The Artist shall provide all labor and materials necessary to: I 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 firom the City on deadline relevant to the art project. C. The City shall have the right to review the Work at reasonable times during fabrication D The Work shall be completed and installed at the site in compliance with City codes and with approved Work installation scheduled by the City 1.4 DELIVERY AND INSTALLATION A. The Artist shall deliver and install the completed Work at the site in compliance with the schedule set forth by mutual agreement by the City and the Artist. B. The City shall approve installation plans presented by the Artist prior to installation C. Site installation shall be prepared by the City per Artist specifications 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. 1.5 POST-INSTALLATION Resolution 4866-Brad Rude Agreement for Public Art-The Long Look Pane t of fi U 1u L eued >ooj 6uol eyl-LV ollgnd iol luewesi6V apnb pei9-9996 uollnlosed 33d 1'Z 3'IIIQ3H3S,LN3 W A V d 4 N V NOLL VSN3d W 00 'Z T1311 1W V dl!O ayllo luasuoo uaupm agl lnogllm l.ted w ao alogm ul pau2pssp oq lou,few luotumOV sitp layl owgu sagagd aqy 'u10a011 pap!Aoad aslmaaylo se ldaaxa 1uawa2a2V s!ql olu!2u!aolualo uosew dq,il!O aql of gmue Bays di!l!gg!I ou legi pun!.1!3 oyllo aadoldwa .lo luo2a ay1 lou pup aolaa.uuoo wopuadapw up si isp xV ayl legl puelsaopun pun 33AV sa!ued ayy .LN3WNJISSVMO.LOV2I.LNOJ,LN3QN3d3QNI ZI'I 'lu3woaa2V s!gllo swam ay aapun aoupwaolaad 2u!ouawwoo of J-6-pCI d11O aql of amuinsullo 31BOgp10O a ap!Aad of pannbaa oq Ipeys 1s!AV ayy do!lod ayllo suo!slAoad.fualo uopu3glpow dug ao doplod ayllo uopealdxa ao vollegaoueo duelo/4f0 ayl of oapou uolium aopad sdnp(o£)41a!gllo wnwlupw n aawbw Keys hilod ayy •p=sup dgeuop!ppe se N8(1HflV 30 dnO aql oweu geys do!lod ooueansu!aqy wowaaa2V s141 aapun aouuwaolaad s,1sp1N oql wal 2utgnsaa solo ino 2uls!.tg duadoad ao suosaad 01 oflump AN uosaad due dq swlelo,Cue woal saadoldwa pue'saanglo'slualle sl! 'dllO oql looload of aauaun33o aad(oOo`000`I$)SdV'I'IOO NOI-11I1N 3NO uegl ssal loulo slunowe wnwlu!w u1 oomnsul dly!ge!I OA!suayaadwoa tuawaaa2e spgilo uual ogl2wanp u1e1u!nw pue'ulelgo of soaa2e 1spaV ayy 3JNV2111SNI 11'1 lsiuV all of Suolaq hays pun lspaV aql 01 pau.Inlaa ag hugs luawaaa2V s111I lopun pau!wgns pun paaedaad slapow pue'su2!sap's2u!me1p's0!pnzs JIB`>IaOM agllo noupldoom leng uodll S'I340W'SIS13W[1JOOAOdIHSURNMO OI'I •oouuldaoou lew3 uodn dyO ayl of ssed ggys IaoM ay1 of op!1, 3'T,LL1. 6'1 •saadoldwa ao'saAllnluoso.tdaa 'slua2e sl! 'd11O ayllo sloe lu92112au ayl W04'(1310s asue sw1e13 yons aaagm ldaaxa saadoldwa PUB'sanpeluasaadaa'siva2a s jspaV agl'tspaV agllo vnd aql uo luawaaa2V slgl ul pau!nluon suoue2ggo oql pue)laoM ayllo oounuuolaad ogllo ino 2wsug aiwpu due to dlg!gpg to uuol dun ao spuewap ao uogoe to sasneo'sunelo lie pup due iswe2e pun wog ssolwauq saadoldwa pun's2npuluosaadaa'slua2e s1! 'f4!0 3111 ploy pug'pualap'dl!uwapul of soaa2g 1spaV ayy NOLLtlOI3INW3QNI 8'I •aaluaO ogllo uopon.gsuoo Suunp�IaoM nyl of a2gwpp luanaad of XJUSS53au samspaw anpooload duo 2ulpnloul'aaupldaaae leug (pun a2nwep ao ssol woal)p oM aql loolad of daessaoou aio se saanseaw yans a�e.I geys ls!uV ayl pun`a3ueld000e leug 1pun ispuV aql dq awoq 3q goys>faoM ayl of a2ewnp ao ssollo Is!a ayl, SSO'I 90 NSIN L'I •>IaoM ayllo a3ueldaoae 1pug sl!3o 2u1U,am w 7s1uV 3111 d1!lou Ilpgs d1!O 311. 'H •aaulwwoognS lay o!lgnd oql of paluasaad sg dl!waoluoo leguelsgns j uu palaldwoo uaaq aney pawnbaa sa3!Aaas ge uayM 2wlllm IN MQ ay]aslApa ggys Is!yry ayy •V 30NV.Ld3J0tl1IVNI3 9'1 '110M ayl to uopenaosaad pun aoueualumw oleudadde aol suoponaisut ual7um dl!O oql 01 ap!Aoad geys ls!laV ayl')IaoM ogllo uopegaisu!uodll 'O 'n.aoM palaldwoo oq1 aol M!mIgnd aol a2ueuu o1 slaolla lsaq sl!asn geys,g1O aq1, M!O oql of j.toM ayllo aalsueal aql of 2upglaa soluow0103 uopuluosaad due oledlolpud of 1spuV j ayl pug d)!O oql uaamlaq poaa2e oq dew su sawp ao owp yans In algel!nne aq geys is!uV ag1. •e 'ls!latl aql of uopeluawnoop s!ql to ddo3 P ap!Aoad g!m dl!O aqy 'salt'di!:)and jiOM agilo uopnluawnoop oloyd ap!Aoad 01m dl!O ay,l 'V The City shall pay the Artist for satisfactory completion of the artwork in the total fixed amount of $30,000.00(thirty 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 j Agreement. 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 and invoice the City at that time. 2.2 PAYMENT The first payment of 1/3 of$30,000.($10,000.00)will be paid by the City to the Artist upon signing this Agreement.The second payment of 1/3 of$30,000($10,000.00)will be paid by the City to the Artist upon completion of fabrication.The final payment of the remaining 1/3 of$30,000 ($10,000.00)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 j Work to the Site,the costs of all Navel 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. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed by September 2013. I 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 j 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. 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 i Resolution 4866—Brad Rude Agreement for Public Art—The Long Look pane's of 6 1 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 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' control of the reproductions of the Work. I 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 de-access artwork under the following conditions: A. The Site or landscape is structurally or otherwise altered and can no longer accommodate the Work, B. The portion of the Site 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 Site 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 lit Resolution 4866—Brad Rude Agreement for Public Art—The Long Look Panes 4 of R I I 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 Auburn Arts Commission Brad Rude City of Auburn 7852 Mill Creek Road Parks,Arts&Recreation Walla Walla,WA 99362 910 Ninth Street SE bradobradrude.com Auburn,WA 98002 509-520-3098(cell) Telephone" 253-931 3043 509-525-0240(home) 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. 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. I 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 Resolution 4866-Brad Rude Agreement for Public Art-The Long Look Pane 5 of 6 I'll s Agreement and the rights of file patties hereunder shall be gaud ned by rile inteipi eted in accordance with the law4 of the SOW of Washingtotl antl venue for my uion heletinder Sliall be ill King County, WaShtngmi. This Agrecmcut shall be construed in accutdanec with any and all questions with respect hereto Shull be determined by the laws of the Slate of Washington. 10.3 COSTS TO PREVAILING MARTY In Vic event Of shell litigation or Whet'legal action,to enforce any rights,responsibilities or obligations under.this Agreement, the prevailing patties shall be enlitled to reeoive its rcnsunablc uisis and attorney's tees. I 0 COMPI,IANC'L WITH APPLICARLCLAWN In the performa we of the Wurk,the Artist ngreos to comply will' alb appl icable state and IncaI law., rules,and repWions, f7Y"AUNITf2 •, PE1'ISR Lt LL W15 MAYOR ATTES'1" Ibamulle U&*Elm,City CletTL�^ AftpROVED AS TO 1;O1 tSenirl) .'Retel,.City`Anornu Att'1'1 ST ©ra RodeI r ~ Tax i* Gr J 3 t 4 �� � 1 .45 Resolutian 41106-Brad Rude Agrecmuul for Public Art Thu Long Look pane h of i, Z00/ Z00 d Z06T# 90 £T 60OZ £Z 933