09-917Council File # �J-9�
Green Sheet #3074016
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RESOLUTION
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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
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Adopted by Council: Date d/�G �,(/�
Adoption Certified by Council Secretary
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Approv ayor ate
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Approved b}�th�,F7 e i�i S ices
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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
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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
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Number 3
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Routing 4
Order 5
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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
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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;
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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. Everybody
invoived in this project will be invited to join us cfean, plant and give the final touches to our
conservation 'project.
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