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09-917Council File # �J-9� Green Sheet #3074016 1 � 3 4 � 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION u ►► • . lo WHREAS, the City of Saint Paul has granted funding to support the project through its Cultural STAR program by resolurion of the Saint Paul Ciry Council; and WHEREAS, Public Art Saint Paul has secured resources to support the Project, providing the balance of Project funding required for its design and creation; and WHEREAS, parties wish to enter into the attached Agreement to complete the crearion and installarion of the Pro�ect, and the Agceement contams an indemnification clause requiring the City to indemnify Public Art Saint Paul; and WHEREAS, the Council finds that the Project has a public purpose to engage cihzens in the neighborhood and creating social spaces and fhat such an indemnificatron will permit the artwork pro�ect to go forward, now THEREFORE BE IT RESOLVED, that the appzopnate city officials aie hereby authocized to enter into the attached agTeement. Bosffom Carter Yeas Adopted by Council: Date d/�G �,(/� Adoption Certified by Council Secretary B � � . Approv ayor ate Bv- Approved b}�th�,F7 e i�i S ices l l� By: / Approved by C' Attomey By: —.., Approved by ayor for Submissios�to Council BY� �a-c�C.- ,�V�l�'.ccn.�t�- WHEREAS, at the invitation of the Saint Paul Parks and Recrearion Deparhnent, Public Art Samt Paul has worked with staff and clients of the Rice Recreation Center and Dishict 6 Plannin� Council to plan and desi�n a social landscape aztwork called, "A Place to Be" under the duecrion of artist Lourdes Cue; and � s�/3 C� � Green Sheet Green Sheet Green Sheet Green Sheet Gre�Sheet Green Sheet � ��'��7 I DepaRmenUOfficelCouncil: Datelnitiated: GYP�P.II S�P.P.� NO 3074016 ; PR _ Parks and Recrealion I 03-AUG-09 I � Contact Person & Phone: Ron Hauth 266-6443 � a 1 Assign Z Number 3 For Routing 4 Order 5 6 �!(i � i Must Be on Council Agenda by (Date): Doc. Type: RESOIUTION E-Document Required: Y Document ConWCt: Cindy Morrison ContactPhone: 266-6398 Total # of Signatur P ages _( Clip All L for S ign atur e) Action Requested: Signatures on attached resolution approving Saint Paul Parks and Recreation to have a project agreement with Public Art Saint Paul for"A Place to Be". Recommendations: Approve (A) or Reject (R): Planning Commission _ CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1 Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Wher¢, Why): Saint Paul Parks and Recreation, Dislrict 6, Cultural Staz, and Public Art Saint Paul have joined together to create a gathering space for teens. Space is called "A Place to Be", and has art components, as well as recreational components. Advantages If Approved: A place for teens to gather, with an inviting ahnosphere and a design which was done by teens and Public Art Saint Paul DisadvanWges IF Approved: None Disadvantages If Not Approved: - Ios of azea fot teens - loss of improvement for area - loss of needed art for Rice Street area � 3 ' Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Num6er. August 3, 2009 12:06 PM Page 1 PRO]ECT AGREEM � � � 09-917 THIS AGREEMENT ("AgreemenY') is entered into as o�is� day of . 2009 bv a�d between the City of Saint Paul, through its Division of Parks and ecre on, 300 City HaII Annex, 25 W. 4th Street Saint Paul, 1VI�r 55102 ("CTTY") and Public Art Saint Paul, a Minhesota n nproSt corporation 253 East 4 Street, -201, St. Paul, M1V 55101("PASP"). WHEREAS, at the invitation of ity, PAS orked ith staff a�d chents of the City's Rice Recreation Center ("Rice Center") an e D' trict 6 Plan 'ng Council (the "DC") to plan and design a social landscape artwork called A Place to e(the�ProjecP') und .the direction of artist Lourdes Cue (the "ArtisP'); and in the Rice has wo�d with PASP�rld the Artist to plan and review development of the Project kVHEREAS, the City of � by resolution of the Saint tEAS, PASP has sec design and creation; provide certain ser� — WHEREAS, Project, � NOW, THEI Paul�has granted funding to support the project through its Cultural STAR Ciry Council; and resources to support the Project, providing the balance of Project fundin� the Project Ifudget provides for compensation to the City to purchase cer[ain materials and to ;s required�[o complete the Project; and City staff have reviewed and approved the plan and design (the "Plan") for the the parties mutually agree as follows: SECTION 1. Scope of PASP Services A. Project Development: PASP will contract with the Artist to undertake creation a�d instailatioo of the Project, according to the Plan approved by the City and PASP as set forth in E�ibit A, which is attached hereto and made a part hereo£ PASP shalC 1) Provide to the City specifications for the Project, including description of site preparation, plant materials, footings and anchoring systems; 2) Provide to the City a description of the ]ocation (the "Work Location") af the Rice Cen[er to be used by the Artist for creation of specific elements of the Project pnor to their installatio� in the PrajecT Sife; 3) 4) 5) 6) Provide to tha City a description of the roles aod responsibilities of Rice Center staff, clients and community volunteers in creati�g and maintaining the Project; Prepare Project elements for installation, including installing any specified anchors and connections; Provide specifications to the City for soil and plant materials fo be purchased and the services to be provided by the City in preparing the Project Site (the "Materials and Services"); Compensate the City for its Materials and Services per specifications provided through the above section; 7) Review and approve in writing the Materials and Services provided by the Ciry; Page 1 of 6 09-917 8) Transport the Project eleme�ts to their designated places within the Project Site; 9) Install the Project elements in their designated Iocafions, as specified in the Pro�ecf Plan; 10) Provide all tools, materials and equipment needed to create and install the Project; 11) Provide to the City a plan for on-going maintenance of the Project (the "Maintenance Plan"); 12) Provide to the City a copy of the Agreement between PASP and Yhe Artist to create and install the Project. B. Project Schedule. Creation of the Project by the Artist shall begin June I5, 2009 and be completed by October 31, 2009. C. Funding. Except for the in-kind work items undertaken by the CiTy, as set forth below in Section 2 below, all fundmg for the Project has been obtained by PASP and the DC and the City will not be expected to reimburse PASP or any contractor for services furnished herein. Any agreement entered into between PASP and a contractor shall cleazly state that no claim for payment may be made against the CiTy of Saint Paul. The work which the CiTy has agreed to perform in Section 2 of this Agreement shall be at the City's expense, except that PASP will provide compensation to the City for its Maferials and Services to be specified per Section A above. D. � Project Coordination. The Project services set forth in Section 1.A, above, wi11 be administesed and coordinated by PASP. SECTION 2: CiYy Responsibilities A. City Services: The CiTy agrees that it will: I) Provide a detailed plan for the Project Site, including its surface condition and infrastrucYUre, demazcation of utility lines and other considerations, based upon information provided by PASP in Sections 1 above; 2) Prepare the Site for installation of Project elements, including purchasing soil and forming it into mounds, as per the specifications to be provided by PASP in Section 1 above; 3) Provide the Work Location near the Project Site for the Artist to use in creating Project elements and allow access to the Work Location and the Project Site by PASP and the Artist to carry out the Project. The City will further use its best efforts to cordon off and restrict access to the Work Location by the general public until Project elements have been instalied in the Project Site. 4) Recruit, through the efforts of its Rice Recreation staff, the clients who wiil work with the Artist to create and install the Project and provide client oversight and supervision during the process of Project creation and installation; 5) Consult with PASP and the Artist regarding Project plant and soil materials, maintenance considerations, and genera] conditions of public use; 6) Cooperate with PASP to help PASP in its performance of Project services. Page 2 of 6 09-917 B. City ApprovaL The City shal] review the Project and provide PASP with written approval of the completed Project It is anticipated that upon City approval, title to the Project will pass from PASP to the Ciry, such title transfer to be the subject of a separate Ageement between PASP and the City. SECTION 3. Records And Final Report PASP agrees to maintain records of its work and that of its contractors on the Project and to make such records available to the City upon its request. Following completion of the Project, PASP will provide [he City with a final report, which will contain a full, illustrated description of the Project. SECTION 4. Discrimination . PASP wil] ensure that any contractor hired to work on the Project wi]] agree not to discriminate against any employee or appiicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestzy, familia] status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. SECTION 5. Compliance With Applicable Law PASP agrees to comply with all federal, state, and local laws or ordinaaces, and all applicable rules, regulations, and standazds established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the performance of the provisions of this Agreement. It shall be the obligation of PASP to apply for and obtain all permits and/or licenses required for Project work. The City aorees to waive any and all fees associated with such permits and licenses. SECTION 6. Insurance PASP shall be required to carry Public LiabiliTy Insurance in the amounts set foRh below. Insurance certificates shall stata Yhat the City of Saint Paul, its employees and officials are additional Insured: Public LiabiLity Insurance Bodily Injury $1,000,000 each occurrence $3,000,000 aggregate Property Damage �1,000,000 each accident $3,OOQ000 aggregate Policy must i�clude an "all services, products, or completed transactions" endorsemenY. Ne�ther PASP nor its agents shall commence wotk until a CertiScate of Insurance covermg all of the i�surance required for this Project is approved and the Director of Parks and RecreaUOn has issued a nofice to proceed lnsurance must remain in place for the duration of this Agreement. SECTION 7. Independent Contractor It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of PASP to the City is that of independent contractor and not that of employee or agent. PASP shall be entitled to ❑one of the rights, privileges, or benefits of City employees. SECTION 8. Indemnifications It is acknowledged by both parties that the Project will be carried out in a public place and will be accessible by members of the pubiic. PASP and its contractors shall take all reasonable measures to avoid and mitigate damage to Page 3 of 6 09-917 the Project Site and Work Location and accidents that may cause personal injuries. Once the C�ty has approved the completed Pro}ect (Section 2B above), the City will take responsibiliry for, and defend, mdemnify and hold PASP (as well as PASP's agents, employees and subcontractors) harmless against any and all claims or suits alleeine personal injuries or property damage arisin� out of accidents associated with the Project, except to the extent that the accident is attributable to a patent defect in PASP'S Project services or to the negl�gent actions of PASP or its contractors, in which case PASP will defend, indemnify and hold the Ciry (as well as its officers a�ents, employees and subcontractors) harmless against any and all such claims or suits. (1) PASP agrees to defend, indemnify and hold the City (and its officers, agents and empioyees) harmless against any and all claims or suits arising from (a) any mechanics or material supplier ]iens against the Pxoject, (b) PASP's intentional or negligent breach of any of the terms or provisions of this Agreement, or (c) by any other ❑egligent act or omission of PASP or PASP's agents, employees or subcontractors in the performance of this Agreement This indemnity shall not apply to the extent the claim or cause of action arises out of the negligence of the City or its officers, agents or employees; and � (2) The City agrees to defend, indemnify and hotd PASP (and PASP's agents, employees and subcontcactors) harmless against any and ail claims or suits arising from (1) the City's intentional or negligent breach of any of the terms or provisions of this AgreemenY, or (2) by any other negligent act or omission of the City or the CitY's officers, agents, employees or subcontractors in the performance of this Agreement. This indemnity shall not appiy to the extent the claim or cause of action arises out of the negligence of PASP or PASP's agents or employees. SECTION 9. Assignment The City and PASP each binds itself and its successors, legal representatives, and assigns of such othec party, with respect to all covenants of this Agreement; and neither the City nor PASP will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 10. Termination A. This Agreeme�t will continue in full force and effect until completion and City approval of the Project as described herein unless either party terminates it at an eadier date. B. W ith Cause. The City reserves the right to Yerminate this Agreement if PASP fails to comply with any material term. City shall give thirty days no[ice of such default, and PASP will have tbe opportunity to cure prior to tetmination. Page 4 of 6 09-917 SECTION I1. Amendment or C6anges to Agreement Any alterations, amendments, deletions, or waivers of the provisions of this A�reement shall be valid only when reduced to writing and duly signed by the parties. SECTION 12. Notices Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Ron Hauth 400 City Hall Annex 25 East Fourth Street Saiot Paul, MN 55102 �In7R971 SECTION 13 Waiver Christine Podas-Larson 253 East 4� Street, #201 St. Paul, MN 55101 Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a terminatio� of that right, this Agreement, or any ofthis AgreemenYs provisions. SECTION 14. Interpretation of Agreement, Ve�ue This Agreement shall be interpreted and construed according to the ]aws of the State of Mi�nesota. Any litigation related to this Agreement shall be venued in the District Court of the Cou�ty of Ramsey, Second Judicia] District, State of Minnesota. SECTION 15. Force Majeure Neither the City nor the PASP shall be held responsible for performance if its performance is prevented by acts or events beyond the pariy's reasonable control, including, but noY ]imited to: severe weatber and storms, earthquake or other natural ocwrrences, sirikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. If a force majeure event occurs, the schedule shall be extended for the same period of time as the force majeure exists. SECTION 16. Entire Agreement This Agreement consfitutes the parties' entire agreement for the PxQject. Page 5 of 6 09-917 IA' WIT:QESS WHEREOF the parties hereto are authorized si�natories and have executed this Agreement, the day and veaz first above written. For the City of Saint Paul: Fo AS : B �� Mayors OfFice Its P i'�� c� an� Director, Pazks and Recreation Director, Office of Financial Services Approved as to form: Assistant City Attorney Page 6 of 6 09-917 Project Description: A Place to Be A Public Art Earthwork Project Public Art Saint.PauV Rice Recreation Center Artist: Lourdes Cue General Description and Theme The main idea of A P/ace to Be is to create an interactive social landscape and space that embraces many principles: a place to be creative a place to interact, a piace to respect and consider our immediafe environment and the various groups within the community, a place to have fun, and a place to be safe. Project Design Process The Project design was developed with the input of an ethnically diverse group of teenage clients of the Rice Recreation Center from the North End/South Como neighborhoods in St. Paul, in collaboration with Rice Recreation Center and Public Art Saint Paul. During the planning/educational phase the artist team researched, {earned, discussed and explored ideas such as community, nature, the environment, geography, geology and public art. We developed a critical vocabulary and looked through numerous art books while researching our design. Accordingly each session involved an art activity such as drawing, coilage, assembiage and coristructing 3-D objects made out of natural and recyclable materials. These activities gave participants an opportunity to think, generate forms, exchange and discuss ideas, and define an "Endangered Species" art earthwork project that will be eventuaily placed on public parkland, cosponsored by Public Art Saint Paul, Saint Paul Parks and Recreation, and the District 6 Planning Council. The rec center staff was an integral part of the whole project. They provided the space for orientation and class meetings and facilitated contact with the young people who eventually participated in this project, and as well were there on an ongoing basis to assist with our work, needs in the classroom and the supervision of the participants. 7hey also provided transportation for our fieid trips on which we did valuable research, and they obtained for us maps of the area so we could look at the geographical context of our plans. Project Site The Project wiil be installed in under a small grove of trees. the landscape of the Rice Rec Center, just beyond the tot lot and See map. Project Elements A triptych of Endangered Species -- creatures from marine, arctic and desert global regions -- addresses the idea of conservation and the need for their better protection af animals to prevent their extinction. The forms we ultimately settled on were those.of a polar bear, a tortoise, and Bactrian camel. While these species are obviously not from Minnesota, our desire was to expand our vision beyond the local area and into the world at large. You might say that our plan was to "think globaily and act locally." By expanding and integrating these ideas in the minds of the younger generation, these wondertul creatures might just keep teaching us lessons about a natural world of which we are too often little aware. o9-9i� Materials The three Project Elements found in our design wiil be composed mostly of earth and stones salvaged from historic city structures. All the stone is salvaged granite to keep this project as sustainable as possible. These Minnesota stones will not oniy narrate a fragment of the city's past, but wili create a new story on the Rice Rec grounds. Other natural materials such as boulders, prairie grass seeds, native plants, flowers, wild perenniais, pianters and a water pond will complement the idea of an environmentai sustainable space. Essential to creating this social landscape is the creation of a buttertly and bird garden, where native fiowers and piants are planted that attract such species. We are all responsible for the choices we make within our urban and natural spaces. It is important to the development of this project to make an effort to bring attention to maintaining an ecological balance within our diverse community. The intended use of this project is to create a social space, a landscape where we can interact creatively and become more aware of the world in which we live. City Deliverabies The City may provide soil and form it in mounds for the Project Elements per Project design specifications, using City staff and equipment to perform the work. Work Location The City has provided a secure Work Location near the Project Site and has fenced off the area to limit public access. Pubiic Safety During the development of our art project the working area will be away from the multiple activities of the park, close to street access for easy stone delivery and cordoned off to keep a safe distance from the general public. Teams of teens will assist to keep people out of the working area while explaining the project to the curious eyes. Participants must wear at all times while in the carving station the proper eye gear and ear protection, as well as dust masks. Artist tools and equipment will be stored at Lower Rice near the working space. The area where the Project Elements will be placed was chosen because it is well lit and highly visible to the surrounding neighborhood. It is also adjacent to the grounds of Washington Middle School and a piayground where parents often come with their children. Maintenance The stone material will be coated with an anti-graffiti substance and a stewardship corps of community youth wifl be recruited and trained to help maintain the site after its completion, investing the area's residents with ownership in this project. The maintenance will include weeding, cutting the grass, cleaning up garbage, tafking to people who have questions and comments about the project, reseeding the area if necessary, and other such tasks. Construction Phase: June-August 2009 Roles and Responsibilities Teens will be diuided in teams in June once the construction phase begins on site. 09-917 Around mid-June, i will begin working 5 days a weeks cutting and carving stone. i wiil work with the youth participants, one team at a time for 2 hours, 3 times a week. The reason for this is to expand the quality time with each team in order for me to learn their ability handling tools, safety issues, their commitment to the project, and their wiiling�ess to learn and follow instructions for various assignments. This project will be a{abor-intensive effort and I want to know from the outset the capabilities of each participant in order to organize our working site and stone carving area. In the month of June there will be 2 main priorities: The first one wili be to begin our butterfiy garden by starting seedlings and cutting and shaping the variety of local granite stones that wiil eventualiy be integrated with the earth forms. The following list emphasizes special projects and additional educational activities p4anned for the artist's team during construction. We wili also expand our list of artist advisors who will come share with us ideas about landscape, architecture and art. June 16, 17 Butterfly Garden We will choose a variety of wild perennials to start seedlings that will bloom at different times between late spring to fall. We will also consider plant height, color, and length of blooming time. The garden should be tended by teams. June 18 Landscape Specialist Mark Granlund The idea of landscape, nature and conservation will be discussed with City horticulture specialist and landscaper Mark Granlund. He hopefully wili join our team of artists/ advisors and share with us ideas about native plants, cultivated plants, landscaping elements and maintenance. June 22 Stone arrives at Rice. Salvaged stone wili be piaced at the carving stone station. June 23 Creative process, tools & safety equipment Guest sculptor Philip Rickey and participants will discuss hand electricai pneumatic tools and safety equipment. Philip will demonstrate stone carving methods, tools and decision making, as well as talk about his own creative process as a stone carver. June 24 Begins stone carving. The three different teams will be assigned to work on a specific creature. Will organize working schedules for each team. July 2 ZoomoYphiC SCUlptor PeteY MOrales will be invited to work with us cutting and shaping our creatures. July 16 Field trip to Minnesota rocks! sculpture sites. The teams will learn about this unique international Stone Symposium as well as discuss public art and explore ideas about texture, form, and scale in the site of each particular piece. July 17 Shaping the Landscape The artist teams will start making decisions and marking the projecYs ground where areas wili be built up or dug out according to ideas recorded in our 09-917 scale model. We'li measure the area to figure out the approximate number of cubic yards of dirt necessary for shaping the forms of our earthwork. July 21 Chris Wilson Guest scuiptor. Through sand blasting technique, Chris will help us create our chess board. July 24 A PlaCe to Be Celebration. The whole community wili gather together to celebrate the various activities taking place at Rice Rec, We'll take advantage of this community event to promote awareness and appreciation of our project. July 28 Architect Peter Kramer will be invited to help us develop ideas about constructing a natural stone walis in the shape of a camel. July 30 Walker Art Center field trip. We'll cross the border to our twin city to visit the sculpture garden of a major museum in the US. The month of August will be of intense labor constantly having a dialogue with our materials and working space, We'll exchange, discuss and connect ideas about final format. 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