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HomeMy WebLinkAbout24-2455 Committee and Commissions Colin Selig Perigine Bike Rack Discovery Park CITY OF MERIDIAN RESOLUTION NO. 24-2455 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SIGNIFYING FINAL ACCEPTANCE OF "PERIGINE BIKE RACK," BY COLIN SELIG, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Colin Selig ("Artist") created, and installed at Discovery Park, a City park located at 2121 E. Lake Hazel Road, in Meridian("Park"), a public art piece for the City and people of Meridian comprised of five racks inspired by a peregrine falcon's tail feathers, wings, and body ("Artwork"); WHEREAS, the fabrication and installation of the Artwork has been found to be compliant with the specifications set forth in the Master Agreement for Professional Services: Park Identities Public Art Roster executed by the parties on December 23, 2022 and the Task Order For Design, Fabrication, and Deliver of Discovery Park Artwork: Peregrine Bike Racks executed by the parties on December 5, 2023 ("Task Order"); WHEREAS,pursuant to the Task Order, Artist has provided: waivers of lien from all subcontractors and major materials suppliers, a recommended maintenance plan for the Artwork, and a report from an independent testing agency approving the Artwork's construction, fabrication, and installation materials and methods; and Artist has executed an acceptance agreement contemporaneously herewith; and WHEREAS,by these actions and submissions Artist did timely execute Final Completion as that term is defined by the Task Order, and"Peregrine Bike Rack"was installed and dedicated to the people of the City of Meridian in the spring of 2024; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City of Meridian hereby accepts the delivery of"Peregrine Bike Rack" as designed, created, and installed by Artist, and by this instrument the City conveys its Final Acceptance thereof, as that term is defined by the Task Order. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 4th day of June, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of June, 2024. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson RESOLUTION-FINAL ACCEPTANCE OF PEREGRINE BIKE RACK PAGE I Of I ACCEPTANCE AGREEMENT FOR DISCOVERY PARK ARTWORK: PEREGRINE BIKE RACKS This ACCEPTANCE A REEME T FOR DISCOVERY PARK ARTWORK: PEREGRINE BIKE RACKS is made this day of v , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation o ganized under the laws of the State of Idaho ("City"), and Colin Selig Sculpture LLC, a limited liability company organized under the laws of the State of California("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, on December 23, 2022, Artist and City entered into a Master Agreement for Professional Services: Park Identities Public Art Roster ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, fabrication, installation, maintenance, and repair of artwork, pursuant to separate project task orders setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City invited Artist to submit a site-specific proposal for public art elements to be included in the phase 2 area of Discovery Park's construction at 2121 E. Lake Hazel Road, in Meridian, Idaho, Ada County parcel no. S 1405212402 ("Property"); and WHEREAS, on December 5, 2023, City and Artist entered into a Task Order for Fabrication and Delivery of Discovery Park Artwork: Peregrine Bike Racks ("December 5, 2023 Task Order"), by which agreement City engaged Artist to fabricate and deliver artwork on Property; and WHEREAS,Artist has designed, fabricated, and delivered"Peregrine Bike Racks," a series of ten (10)pieces of functional bike rack artwork,which establish a sense of place and local identity in Discovery Park, and beautify public spaces; , NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I.INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the Master Agreement. Artist specifically hereby indemnifies and saves and.holds harmless City and its respective employees, elected officials,agents,guests,and/or business invitees,from any and all liabilities,losses,claims,actions, judgments for-damages, expenses, or injury to any person or to property arising as a result of: 3 A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance'of any work or service under or related to the December 5, 2023 Task Order; ACCEPTANCE AGREEMENT:COLIN SELIG LLC PAGE I of 2 B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the December 5, 2023 Task Order; and/or D. The malfunction or failure of the Artwork, or any portion or component thereof, created and installed under the December 5, 2023 Task Order. II.WAIVER. Artist hereby waives and releases, on behalf of Artist and Artist's employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Artist now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the December 5, 2023 Task Order. Except as otherwise expressly delineated in the December 5, 2023 Task Order, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the December 5, 2023 Task Order and any and all addenda thereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. 4 ARTIST: Colin Selig, Member Colin Selig Sculpture, LLC CITY OF MERIDIAN: Cassandra Schiffer, Arts anccrtulture Coordinator ACCEPTANCE AGREEMENT:COLIN SELIG LLC PAGE 2 of 2 VARA Waived: YES I NO City of Meridian Public Art & History Conservation Record This document will act as a primary source for our public art maintenance. The detailed information you provide will be essential to maintain the best practices of care for your work during its designated lifespan and historical legacy beyond. Please be as thorough as possible and attach any additional documents you deem relevant. Primary Artist(s):Colin selig Title of Artwork:peregrine falcon bike racks Date Completed:2023 Number of Object Components:10 Dimensions: H.•40 x W.•28 x D:8 Dimensions of Frame (if applicable): H.- x W.• x D.- Materials: List primary materials used. Start with the support/base material and work your way out or by order of application. (Please include brand name, model, color names/codes, etc.): Material Brand Color#/Name or Finish Size/Model# crap steel LP tanks unknown n/a 325 gallon 1 CiVEN!�IAN.�- Materials (cont'd): List any custom-made or specialty parts and their sources/manufacturers. (Feel free to provide us with replacement parts if you anticipate their need): Part Source/Manufacturer List the names, roles/contributions, and contact information of any sub-contractors used (e.g.framers, welders, electricians,foundries, etc).: Name Role/Contribution Contact Melrose Metal finishing powder coating Chris Fine 510-568-7083 2 ���Yl E IDIAN �-- Materials (cont'd): If applicable, describe existing materials/methods ofpresentation (e.g.frame, base, mounting/hanging hardware, etc).: Life Expectancy: Even under the best of environmental conditions and maintenance, all things eventually deteriorate beyond feasible repair. This is a result of inherent vices in the materials, the way they interact with other materials and the surrounding environment including public interaction. While we commit to doing our best to extend the lifespan of an artwork, we by no means expect it to last forever. As difficult as it may be to place an expiration date on one's creation, it is important to level-set realistic expectations. Considering the materials and likely environment, what is the conservative estimated lifespan of your artwork? If you don't know, describe what deteriorations you anticipate.: 100+ years if recoated every 10-20 years. IDIAN�--- Artistic Intent: Please provide your artist statement regarding the conceptual intent and purpose of your artwork. What does it symbolize? What is it meant to evoke or convey?: These two sets of bike racks are designed to serve as whimsical and functional sculptural elements that strengthen Discover Parks identity as a place of learning and exploration.Their bright colors bring a sense of vitality and playfulness.Repurposed from salvage steel propane tanks, the intention is also that they inspire users to consider new ways to reuse materials. 4 ���Yl E IDIAN �-- Physical/Functional Intent: Please describe your literal intention of appearance. Describe the ideal condition of the materials and components. Do you want it to age or remain visually static? How is it supposed to physically operate?: Bikes can be locked to either side of each component so up to 10 bikes can be secured per rack. 5 (AWE I� Techniques: Describe in detail how your artwork was constructed. (Feel free to attach proposal material): Regionally sourced salvage steel propane tanks were carefully dissected,with no additional reshaping of the material,an eco-friendly process with a minimal carbon footprint that produces durable objects which contain 99%post-consumer reused content. Describe any specific techniques/tools used, especially to acquire finishes or textures.: The tanks were cut apart with a hand held plasma cutter.After fabrication the benches were coated in an architectural grade super durable powder coat over a zinc rich epoxy primer. Colors: RAL 1003(yellow), RAL 9016(white)and RAL 7024(gray) 6 C%WENDIAN�-- Installation: If applicable, describe any special procedures for assembly and disassembly. (Please provide us with any specialized custom-made tools required to do so): The racks bolt down to concrete with wedge anchors,which were provided. If applicable, describe your preferences for presentation (e.g.frame material/color, mat color/thickness, open or enclosed pedestal, etc).: 7 ���Yl E IDIAN �-- Installation (cont'd): If there are several components, is there a specific order or configuration?: No. Is the work site-specific? If so, describe the intended relationship to its environment.: Yes,the forms within the work reflect native species of wildlife. IDIAN:--- Installation (cont'd): Describe any concerns you might have about how the environment may affect your artwork and vice versa (e.g. exposure to the elements, pollution, vehicle/foot traffic, wildlife, urban development, etc.).: Powder coat is a very durable surface.There are no flat surfaces for water to collect. Maintenance: Do you have any specific recommendations regarding the methods and frequency of care and maintenance for specific materials and/or your artwork as a whole?: Clean perioically with soap and water but no abrasives. The pieces can be re-coated locally every 10-20 years,as needed,and should last for centuries. 9 C%WENDIAN�--