Loading...
HomeMy WebLinkAboutRES 4387 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4387 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, FINDING THAT THE SOLE SOURCE EXEMPTION UNDER RCW 39.04.280(2)(a) APPLIES TO THE INSTALLATION OF PUBLIC ART IN THE SUNSET COMMUNITY PARK THEREFOR WAIVING THE STATE COMPETITIVE BIDDING REQUIREMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH KIRK SEESE FOR PUBLIC ART IN THE SUNSET COMMUNITY PARK. WHEREAS, the City and the Renton Municipal Arts Commission invited artists or artist teams to apply to create permanent public artwork to complement the new Sunset Neighborhood Park located across from the Renton Highlands Library; and WHEREAS, the project vision was for a site-specific, impactful, focal design feature to enrich the connection between the neighborhood park and the rich and diverse surrounding Sunset and Highlands communities; and WHEREAS, the Renton Municipal Arts commission chose to recommend to the City Council artist Kirk Seese's design of "Feather Forest," which consist of 12-15 vertical sculptures; and WHEREAS, Mr. Seese as the artist and designer of the sculptures is the only qualified installer for the artwork; and WHEREAS, as the installer is limited to a single source, the installation of the artwork becomes subject to waiving competitive bidding requirements under RCW 35.23.352(9)and RCW 39.04.280(2)(a); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are incorporated herein as findings. 1 RESOLUTION NO. 4387 SECTION II. The City Council finds that the installation of the "Feather Forest" artwork by Kirk Seese in the Sunset Community Park is a sole source under RCW 39.04.280 and the state competitive bidding requirement is hereby waived. SECTION III. The Mayor and City Clerk are hereby authorized to enter into the Agreement for Public Art in Sunset Community Park, attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this 19th day of August, 2019. Jaso A. Seth, y Clerk APPROVED BY THE MAYOR this 19th day of August, 2019. L.A„. kr- Denis Law, Mayor '' Approved as to form: ���` .� A F * _ SEAL I * 2. Shane Moloney, City Attorney �.o "auull\\,\ RES.1820:8/2/19:scr '�i,,, ?ED sEi)`* 2 RESOLUTION NO. 4387 EXHIBIT "A" AGREEMENT FOR PUBLIC ART IN SUNSET COMMUNITY PARK 3 0 AGREEMENT FOR PUBLIC ART IN SUNSET COMMUNITY PARK THIS AGREEMENT, dated July 26, 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and KirkSeese, an individual ("Artist"). The City and the Artist are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 0. Scope of Work: Artist agrees to provide design, fabrication, permitting and installation of a public art for Sunset Community Park as specified in Exhibits A-1 and A-2, which are attached and incorporated herein. The art contemplated in this Agreement is hereinafter the "Artwork," and the Artist's full scope of work may hereinafter be referred to as the "Work." 1. Changes in Scope of Work: The City, without invalidating this Agreement, may order changesto the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 2. Time of Performance: Artist shall commence performance of the Agreement upon execution of the Agreement by all parties. All Work shall be performed by no later than December 31, 2020. 3. ARTIST's Grants and Representations: Delivery of the Artwork to City constitutes Artist's certification that (1) the Artwork is the original work of Artist; (2) Artist owns all rights to the Artwork; and (3) if the Artwork contains recognizable images of particular persons, Artist has obtained legally appropriate releases. City may display the Artwork at any location selected by City for any term of years, at the sole discretion of City, provided that Artist is recognized as the artist on the Artwork. City may relocate, remove, or destroy the Artwork at City's sole discretion, due to wear, damage, or other for any other reason. Artist grants to City a non-exclusive license to graphically and electronically reproduce the Artwork, while on display, for any and all future publicity endeavors conducted by City, provided that any such reproduction is credited to Artist by name. City may use the Artist's photograph, other likeness, or biography in connection with the use of the Artwork. 4. Compensation: A. Amount. Total compensation to Artist for Work provided pursuant to this Agreement shall not exceed $250,000, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Artist agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Artist shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Artist shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Artist shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Artist's performance does not meet the requirements of this Agreement, the Artist will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Artist for failure of the Artist to perform the Work or for any breach of this Agreement by the Artist. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Artist in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, PAGE 2OF11 worksheets, models and reports, or other material prepared by the Artist pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Artist shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Artist an equitable share of the fixed fee. This provision shall not prevent the City from seeking any 'legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Artist. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Artist represents and warrants that Artist will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Artist further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Artist and free from any intellectual property encumbrance which would restrict the City from using the work product. Artist grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Artist. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Artist shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Artist agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 0 PAGE 3 of 11 B. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Artist shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Artist believes said records need to be protected from disclosure, it may, at Artist's own expense, seek judicial protection. Artist shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Artist has responsive records and for which Artist has withheld records or information contained therein, or not provided them to the City in a timely manner. Artist shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Artist is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Artist and the City during the period of the Work shall be that of an independent contractor, not employee. The Artist, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Artist shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Artist shall retain the right to designate the means of performing the Work covered by this agreement, and the Artist shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Artist is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Artist or any employee of the Artist. C. If the Artist is a sole proprietorship or if this Agreement is with an individual, the Artist agrees to notify the City and complete any required form if the Artist retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Artist's failure to do so. 10. Hold Harmless: The Artist agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and • .} PAGE 4oF11 all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Artist in its performance of this Agreement or a breach of this Agreement by Artist, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Artist and the City, its officers, officials, employees and volunteers, Artist's liability shall be only to the extent of Artist's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Artist's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Artist shall not give a gift of any kind to City employees or officials. Artist also confirms that Artist does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Artist, negotiating or administering this Agreement, or evaluating the Artist's performance of the Work. 12. City of Renton Business License: The Artist shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/One.aspx?portaIId=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Artist shall secure and maintain: PAGE 5OF11 A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Artist's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Artist shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Artist liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Artist to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Artist shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Artist is not responsible for delays caused by factors beyond the Artist's reasonable control. When such delays beyond the Artist's reasonable control occur, the City agrees the Artist is not responsible for damages, nor shall the Artist be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Artist shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time PAGE 6OF11 to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON C.E. "Chip" Vincent 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6588 cvincent@rentonwa.gov Fax: (425) 430-7300 ARTIST Kirk Seese 1605 Front Ave Lutherville, MD 21092 Phone: (443) 622 - 2237 kirk@bbmurals.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Artist agrees as follows: A. Artist, and Artist's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Artist will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Artist fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Artist is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title 0 PAGE7oF11 VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Artist. B. Artist will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Artist shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Artist to provide Work he/she will acquire or maintain such at his/her own expense and, if Artist employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Artist is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Artist is responsible for his/her own insurance, including, but not limited to health insurance. G. Artist is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Artist. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Artist represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Artist. B. General Administration and Management. The City's project manager is Chip Vincent. In providing Work, Artist shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Artist proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to • .} PAGE 8OF11 this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Artist prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Artist and all of the Artist's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Artist hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Artist is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Artist's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. 0 PAGE 9OF11 L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Artist from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. ,�1 � �Y�I �;l X►� i�l► By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form In Shane Moloney Renton City Attorney PAGE 10OF 11 ARTIST By: Kirk Seese Artist Date Contract Template Updated m/12/2o19 0 PAGE 11 OF 11 EXHIBIT Aml Additional Questions for Sunset Park Artists — Kirk Seese 1. The piece of art will be maintained by the City of Renton Facilities group, what materials or construction materials do you incorporate into your art piece for ease of maintenance —time, expense, and effort? We use MDO board which is industry standard for exterior sign companies, coated in 2 coats of exterior grade acrylic primer, then the designs are directly printed on using UV inks and a 8' x 10' flatbed printer. Finally, each piece is completely encapsulated in a hard, clear, UV inhibiting epoxy resin to withstand the elements. This process offers 5-10 years at least of a "like new" appearance, before it might need to be recoated to last for decades. 2. Durability and sustainability of art are critical concerns, how do you address sustainability in your art pieces? Only by using only the best, field proven materials, and sound design, do we address sustainability. 3. One of the artist's responsibilities is conducting site and community research and community engagement. Please speak to your experience effectively engaging the community in the design of your art and/or demonstrate your ability to create community -inspired public art. I am no stranger to working with the local community while creating public art. My first job out of art school was with the AmeriCorps Vista (Volunteer In Service To America) Program as Director of Urban Arts Projects for the Greater Homewood Community Corporation in Baltimore City. There I spent one year engaging Elementary, Middle and High Schools and community groups in the inner city to beautify their schools and buildings using student and community volunteers, like an artist -in -residence. With my facilitation, we successfully completed fifteen murals during my one-year service, relying on local businesses for in -kind donations and sponsorship. After that I spent the next five years teaching art at the Central Career Center at Briscoe High School, a level 5 alternative special education high school also in Baltimore City where my students and I also completed several beautification projects, namely murals, around the interior and exterior of the school. The student body was predominantly African -American including a deaf class. Besides the murals, I taught units on drawing, painting, watercolor, mosaic tile art, portraits in chalk and clay, weaving, pottery, and some Photoshop. Since then I have had a number of college student interns and employees work for my company, BB Murals, and facilitated one day Service Learning Day projects as a part of their Orientation week for the incoming Freshman class at Maryland Institute College of Art and Johns Hopkins University two years in a row. My most favorite mural to date was for Kingman, AZ this past September. The Kingman Mainstreet Group held a national Call to Artists to design and paint a 60-foot wall which faces historic Route 66. 1 won the commission and spent 10 incredible days there not only painting but having a great time with the community! Hiking, flying a small plane, guest starring on a podcast, evenings outfor dinner and music! I made some real friends there in Kingman that I still keep in touch with. Literally the entire downtown community welcomed me. It was incredible! That's why I am so drawn to public art. The artwork doesn't sit in someone's house, in a museum or tucked away in a storage room in the dark. It's out there in the world, for all to see, braving the elements, public scrutiny, graffiti and vandalism. It's shared. It's forced to survive, becomes part of the landscape. Now that I'm adding public sculpture to my repertoire, the opportunity for even more experiences like Kingman are that much greater. I am looking forward to this year for that very reason, and I hope that Renton, WA will become a partner for anew epic piece of artwork. Something I have not even dreamt of yet! Currently I am in the middle of a community mural for the town of Rock Hall, MD. You can speak with Laurie Walters of the Rock Hall Arts Council to confirm my ease with the general public. 443 465-0681, lewaltel@yahoo.com 4. In the Sunset Neighborhood Park Master Plan, public art was identified as a "wayfinding" piece, reflective of the unique character of the community. How do you propose to address these public comments addressing the public art? The Feather, or Feathers are sure to be an instant landmark because of it's bright colors and tall stature. 5. Engaging and unique art brings identify to a "place" such as a park. How do you intend to provide this unique and engaging identity into the Sunset/Highlands community and Renton? How will your piece of art reflect inclusion of the entire community? The Feather will reflect the entire community because the community will be a part of the design process. Using email and the Adobe Creative Suite of software programs at my disposal, I can turn around concept art in hours, almost real time, for the best in artist/community collaboration. 6. The piece of art will be in the public realm — neighborhood public park — how does your art address security and safety concerns and issues? The Feather is securely fastened by either a 15 foot steel post, 5 feet of that embedded in the ground surrounded by a concrete footer, or the other style of installation is a 10 foot post with a 16" x 16" x %" steel plate welded to the base and anchored to the a concrete pad. This method is more than enough to hold not only the weight of the panels, but even if someone decided to try and hang off it. 7. In a park with children, climbing on pieces poses a potential safety concern and risk, as well as, not meeting safety fall requirements. How will this be addressed? The panels are in a vertical arrangement which is not especially conducive to climbing. There are rods that travel from one panel, through the post and into the opposite panel so that even if someone did decide to try and climb it, it would not detach from the main post. 8. Whether multiple small art pieces or a single large piece, how does your piece(s) of art relate to the scale of the site (3.1 ac) and area? The park includes now a 1-story restroom, proposed 1-story pavilion and pergolas, and a climbing net structure of over 30-feet in height. Also, future residential scale buildings surrounding the site are scheduled to be 5 to 7 stories. Because The Feather concept is attached to a 2" x 2" tubular steel post, the height can range from 10' to 20' and anywhere in between. Taller than most people at 10 feet, it is noticeable from a distance and monumental up close. 9. Currently the park features a regional storm water management facility and is proposed to include rain gardens and a decorative mist feature in the second phase. How will your art relate/compliment these water -related features? These pieces have a stained glass, liquid aesthetic that will surely compliment not only the natural beauty of Sunset Park, but the water elements as well. 10. The design of the park is almost complete with 100% design documents completed pending permitting and final approval. How do you see the art piece being incorporated into the design of the park as designed, and further the coordination and integration of the art piece into the construction of the park? The schedule for the completion of the park is scheduled for May — June 2020. Can you have the piece of art designed, constructed and installed to meet the deadline for the park opening? Yes we can meet that deadline. Partnering with ClimbZone, my fabricating resource, I am able to use their extensive facilities, including a 40,000 square foot warehouse complete with a 5' x 10' CNC machine, a 5' x 10' Laser Cutter, an 8' x 10' large format, flat bed printer, a fully equip wood shop, paint shop, print shop, welding shop, spray booth/clean room, even trailers for delivery, everything we need to design, fabricate, deliver and install a winning piece! Please see www.bbmurals.com for more. EXHIBIT Am2 The Feather: Fabrication & Installation Plan Details: Post - 15' x 2" square tubular steel, galvanized and painted with two coats of Universal Metal Primer, 2 Coats of Sher-Cryl Gloss Black Hlgh Performance Exterior Acrylic, & 2 coats of Corofech Waterbourne Epoxy Panels - Directly printed, double -sided, on high end, 3/4" baltic birch plywood and encapsulated in clear, UV -inhibiting epoxy resin Base -Approx. 8"-10" diameter x 5' concrete footer Assembly: 1 /2" diameter, 8" & 14" steel rods fit into each panel securing them to the post crete footer )w the frost line The Feather: Fabrication & Installation Plan Details: Post - 15' x 2" square tubular steel, galvanized and painted with two coats of Universal Metal Primer, 2 Coats of Sher-Cryl Gloss Black Hlgh Performance Exterior Acrylic, & 2 coats of Corofech Waterbourne Epoxy Panels - Directly printed, double -sided, on high end, 3/4" baltic birch plywood and encapsulated in clear, UV -inhibiting epoxy resin Base -Approx. 8"-10" diameter x 5' concrete footer Assembly: 1 /2" diameter, 8" & 14" steel rods fit into each panel securing them to the post crete footer )w the frost line EXHIBIT B _T C O It Q Q QJ U C O Q L C a a a a a a o a o Vol 0 O O 00 [G Ln N N O O M N ei ri rn V1 O O O O O O O O O O O O O O O O O O O O Ln O Ln Ln Ln N Ln Ln r. in RT en Ln Ul- in +n .Ln An Ln An Ln -V)- Y L trD C_ ro O O `o v E Q .5 _ cr LU Y1 ro C � O N � a x c Y a W ` _ } 0 u ? ~ L bA r (Ij Q1 ro + Q7 C >= a•+ ro f0 i •; a) •� 4 L L o w