Loading...
HomeMy WebLinkAboutA013 - Resolution awarding contract with Tim Adams, of Webster City, IA, in the amount of $30,000 for the fabrication, delivery, and purchase of the sculptural collection "Perennials"ITEM #:14 DATE:12-09-25 DEPT:ADMIN SUBJECT:PUBLIC ART COMMISSION ACCESSIBLE MAP ENVISIONING SCULPTURES (A.M.E.S.) PROJECT COUNCIL ACTION FORM BACKGROUND: The Public Art Commission (PAC) receives funding from the City Council each year to: 1) manage the public art collection, 2) present the Ames Annual Outdoor Sculpture Exhibition, 3) purchase art for the Neighborhood Art Program, and 4) purchase art for the Art in the Parks Program. Unused funding in these four program areas is carried over into subsequent fiscal years. PAC has accumulated a balance of funding in the Neighborhood Art Program that it wishes to dedicate to a new project, titled Accessible Map-Envisioning Sculptures (A.M.E.S.). This project is intended to enhance wayfinding and create a cohesive visual identity at selected bus shelters located on portions of the CyRide Red Route. The A.M.E.S. project is designed to assist passengers with disabilities, those with language barriers, and those unfamiliar with Ames by providing distinctive, tactile art elements at each shelter. The sculptures will be freestanding, not attached to bus shelters, and will not obstruct visibility for passengers or drivers. Each sculpture will be placed adjacent to the shelter on its own concrete pad, and PAC will be responsible for all installation, maintenance, and related costs associated with the artwork. Sculptures will be placed at seven shelters: Mortensen Road/Pinon Drive, Mortensen Road/Coconino Avenue, South Dakota Avenue/Lincoln Swing, Lincoln Way/Beedle Drive, Lincoln Way/Marshall Avenue, Lincoln Way/Lynn Avenue, and Lincoln Way/Elm Avenue. Public art easements have been secured where necessary, except for one shelter location . Staff is optimistic that an easement will be obtained for that site before the sculptures are delivered, and will identify an alternative location if the easement is not able to be obtained. After consultation with CyRide staff and the Transit Board of Trustees, on June 16, 2025, a Request for Proposal was issued to commission an artist for the project. Responses were due July 16, 2025, and twenty proposals were received. The proposals were evaluated by a team consisting of PAC members, an Ames resident, and a CyRide staff member. Following evaluation of the proposals received, PAC recommends entering into a contract with Tim Adams of Webster City, Iowa. His design, titled "Perennials", features sculptural forms inspired by natural leaves and plant motifs that will be visually engaging throughout all four seasons and encourage tactile interaction by the public. PAC is recommending his design concept because it provided strong visual flow along the route and complemented the surrounding landscape. The submitted concept drawings are incorporated into the artist contract, which is attached. The artist will warranty the work for a period of five years from the time of acceptance, which is 1 standard for the City's sculpture acquisition contracts. The fee to deliver a completed sculpture is $30,000. Staff estimates the cost for the preparation of the concrete pads and plaques to be approximately $5,000. The PAC Neighborhood Sculpture Program account has a current balance of $42,197, which is sufficient to cover the expenses related to this contract. The Ames Transit Board of Trustees approved the project proposal at its November 20, 2025, meeting. Subsequently, at its meeting on December 2, 2025, PAC recommended that the City Council approve a contract with that artist. ALTERNATIVES: 1. Approve a contract with Tim Adams (dba Stony Creek Landscapes), of Webster City, Iowa, in the amount of $30,000 for the fabrication, delivery, and purchase of "Perennials" for the bus stop shelters along CyRide's Red Route. 2. Refer this item back to staff or the Public Art Commission for further information. 3. Do not approve the contract. CITY MANAGER'S RECOMMENDED ACTION: The proposed sculptures meet the desires of the Public Art Commission to provide unique, interactive, and visually appealing wayfinding efforts. Staff has prepared a contract outlining the terms for the delivery of the completed works. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Contract with Tim Adams - Perennials.pdf 2 1 of 11 CITY OF AMES AGREEMENT TO FABRICATE AND SELL ARTWORK ACCESSIBLE MAP-ENVISIONING SCULPTURES (A.M.E.S.) PROJECT “Perennials” by Tim Adams (dba Stony Creek Landscapes) THIS AGREEMENT is made effective this 9th day of December, 2025, between the City of Ames, Iowa, hereinafter called the “OWNER”, and Tim Adams (dba Stony Creek Landscapes) of Webster City, Iowa, hereinafter called the “ARTIST”. The Owner’s Representative shall be the Assistant City Manager. 1. CONDITIONAL PURCHASE. ARTIST does hereby agree to fabricate, deliver, and sell to OWNER the work of art in the form of the sculptural collection entitled “Perennials” (ARTWORK), as generally described in ARTIST’s response to City of Ames Request for Proposal No. 2025-184, for and in consideration of the payment by OWNER to ARTIST of the sum of $30,000.00 subject to and in accordance with the terms of this Agreement. 2. INSTALLATION. The OWNER shall install this ARTWORK at the site selected by the OWNER. The OWNER shall be responsible for site preparation work, including design, preparation and installation of the foundation. 3. PERMITS AND INSPECTION. The OWNER shall obtain such permits and engineering designs as the City Building Official shall deem necessary, and the ARTWORK shall not be installed until the City Building Official has approved the foundation. 4. MAINTENANCE INSTRUCTIONS. Prior to acceptance of the ARTWORK, the ARTIST shall provide to the Owner’s Representative complete written instructions for appropriate maintenance and preservation of the ARTWORK. 5. ARTIST’S STATEMENT. Prior to the acceptance of the ARTWORK, the ARTIST shall provide to the Owner’s Representative a written ARTIST’S statement regarding the ARTWORK that may be used for publication and exhibition purposes. 6. COMPLETION. The ARTIST shall advise the Owner’s Representative in writing when all services required under this Agreement have been completed. Within twenty (20) working days after receipt of this notification, the Owner’s Representative shall notify the ARTIST in writing of the OWNER’s final acceptance or non-acceptance of the ARTWORK. Failure to provide written notification of 3 2 of 11 acceptance or non-acceptance after twenty working days shall constitute final acceptance on the part of the OWNER. 7. RISK OF LOSS. At the time of delivery, the risk of loss or damage to the ARTWORK shall be borne by the CITY and the CITY shall take such measures as are necessary to protect the ARTWORK from loss or damage through all phases of installation. 8. INDEMNITY. The ARTIST agrees to indemnify and hold harmless the OWNER from any claims, liabilities, willful or non-willful acts of negligence by the ARTIST, by the ARTIST’S subcontractors or agents, and by volunteers assisting the ARTIST in the design, fabrication and installation of the ARTWORK, for any loss, theft, mutilation, vandalism or other damage (including that caused by acts of God) that may befall the ARTWORK during any activities related to the planning, creation, delivery and installation of the ARTWORK, or for any failure of warranty as hereinafter stated. 9. CONVEYANCE OF TITLE. Title to the ARTWORK shall pass to the OWNER upon OWNER’S final acceptance of the completely installed ARTWORK. Upon final acceptance of the ARTWORK, and to the extent permitted by Iowa law, the OWNER shall indemnify and hold harmless the ARTIST against any and all claims or liabilities arising thereafter in connection with the ARTWORK, the site, the project or this Agreement, caused by the OWNER’S negligence. 10. PAYMENT. The OWNER shall pay the ARTIST $30,000.00 for the ARTWORK, which shall constitute full compensation for all services furnished by the ARTIST under this Agreement. This amount shall be paid within thirty (30) days of final acceptance of the ARTWORK by the Owner’s Representative, and shall represent full payment for all services provided. 11. WARRANTIES. The ARTIST represents and warrants that: a) the ARTWORK is solely the result of the artistic effort of the ARTIST; b) except as otherwise disclosed in writing to the Owner’s Representative, the ARTWORK is unique and original and does not infringe upon any copyright; c) the ARTWORK, or a duplicate thereof, has not been accepted for sale elsewhere; d) the ARTWORK is free and clear of any liens from any source whatever; e) the ARTWORK, as fabricated and installed, will be free of defects in material and workmanship, including any “inherent defect” or qualities which cause or accelerate deterioration of the ARTWORK; and f) reasonable maintenance of the ARTWORK will not require procedures 4 3 of 11 substantially in excess of those described in the maintenance recommendations to be submitted by the ARTIST to the Owner’s Representative hereunder. The warranties described in this Section shall survive for a period of five years after the final acceptance of the ARTWORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for e xample, cure by means of repair or refabrication of the ARTWORK). 12. ARTIST INDEPENDENT CONTRACTOR. It is understood and agreed that the ARTIST is an independent contractor and not an employee of the OWNER; and that the OWNER shall not have any worker’s compensation liability to the ARTIST or the ARTIST’S employees, volunteers or subcontractors. It is further understood that the ARTIST’S subcontractors shall have no recourse for payment of costs of labor and materials against the OWNER. Further, in consideration of this contract, ARTIST does hereby indemnify and hold the City harmless from any and all claims arising from the negligence of the ARTIST or the ARTIST’S employees, volunteers and subcontractors. 13. REPRODUCTION RIGHTS. In view of the intention that the ARTWORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ARTWORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns an irrevocable license to make two dimensional reproductions of the ARTWORK for any purpose including commercial purposes, and by way of specification but not lim itation, reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, or other similar publications. 14. MAINTENANCE. The OWNER recognizes that maintenance of the ARTWORK on a regular basis is essential to the integrity of the ARTWORK. The OWNER shall reasonably assure that the ARTWORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 4. 15. RELOCATION OR REMOVAL. The OWNER reserves the right to alter the location of the ARTWORK; relocate the ARTWORK to another site; and remove the ARTWORK from public display. 5 4 of 11 16. DEACCESSION OF ARTWORK. Deaccession of the ARTWORK will be carried out in accordance with the CITY’S adopted Deaccession Policy. 17. ENTIRE AGREEMENT. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST OWNER By: ________________________ By: ________________________ Tim Adams Brian Phillips, Assistant City Manager Stony Creek Landscapes City of Ames 404 E. 2nd Street 515 Clark Avenue, PO Box 811 Webster City, IA 50595 Ames, IA 50010 515-832-1281 515-239-5101 tim@timadams.art publicartcommission@cityofames.org Date: _______________________ Date: _______________________ 6 5 of 11 7 6 of 11 8 7 of 11 9 8 of 11 10 9 of 11 11 10 of 11 12 11 of 11 13