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HomeMy WebLinkAboutIX-01 (a,b) Hastings Civic Arena Mural City Council Memorandum To: Mayor Fasbender and City Council From: Alex Menke, Economic Development Coordinator Date: February 18, 2025 Item: Authorize Signature: Professional Services Agreement – Lili Lennox – Hastings Civic Arena Mural Council Action(s) Requested: 1) Authorize signature of a professional services agreement, subject to review and minor changes by the City Attorney, between the City of Hastings and Lili Lennox to design and install a mural on the exterior of the Hastings Civic Arena. A simple majority is necessary for action. 2) Authorize the disbursement of an interfund loan from the General Fund to the Arts and Culture Commission for an amount not to exceed $38,000.00 with the understanding that it will be repaid through four installments of $9,500.00 coming out of future Commission budget allocations. A simple majority is necessary for this action. History The Hastings Arts and Culture Commission sought a Request for Proposal (RFP) for artists to submit designs for a mural to be installed at the exterior of the Hastings Civic Arena. The Commission received seven submissions, choosing three to move on in the process. The three finalists submitted a more complete proposal, with estimated budgets. At the October Commission meeting, the Commissioners reviewed the final proposals and chose to recommend Lili Lennox’s design for Council to vote on. At the February meeting, the Commission reviewed and approved a design change to increase the size of the “trading card” portions and have committed to modify the existing card designs. Budget The Proposal estimates the cost of the project will be $71,810.00. To pay for the project, the Arts and Culture Commission will expend $38,198.00 of its fund balance and then is requesting an inter-fund loan from the General Fund not to exceed $38,000 which factors in the remaining quoted price and a $4,300 contingency buffer. This amount will be paid back in four installments of $9,500.00 that will come out of future Arts and Culture Commission budget allocations, with an anticipated pay off in 2030. Additionally, the Commission plans to reach out to community partners in hopes to fundraise to pay for the project as well. Any money raised through fundraising shall reduce the amount needed from the inter-fund loan. Proposal The Proposal submitted by Lili Lennox is attached for further review. Scope of Services The Scope of Services are outlined in the attached Professional Services Agreement. Attachments - Agreement for Professional Services with Proposal - Proposal modification and additional costs - 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this ___ day of ____________, 2025, by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota 55033, (“City”) and Lili Lennox, 2508 Sumter Avenue South, St. Louis Park, Minnesota 55426 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services; and WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated October 25, 2024, incorporated herein as Exhibit A. ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply. b. Consultant covenants and agrees to provide the Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. c. Consultant agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Consultant shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Consultant represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services in the total amount set forth in Exhibit A. IX-01 (a,b) 2 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall receive payment from the City for the Services performed pursuant to this Agreement according to the following payment structure: i. Forty percent (40%) of the total cost as outlined in Exhibit A shall be paid to Consultant upon execution of this Agreement to begin project fabrication. ii. Thirty percent (30%) of the total cost as outlined in Exhibit A shall be paid to Consultant upon completion of half of the painting and fabrication services. iii. Thirty percent (30%) of the total cost as outlined in Exhibit A shall be paid to Consultant upon installation of the paintings and completion of the Services. 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement and terminate upon the completion of the Services or March 1, 2026, whichever occurs first. This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses incurred until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. IX-01 (a,b) 3 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Alex Menke to act as the City’s representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Lili Lennox to be the primary contact for the City in the performance of the Services. She shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. IX-01 (a,b) 4 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers’ Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attention: City Administrator Or emailed: DWietecha@hastingsmn.gov If to Consultant: Lili Lennox 2508 Sumter Avenue South St. Louis Park, MN 55426 Or emailed: lili@gildedlili.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. IX-01 (a,b) 5 15. ARTWORK DEPICTIONS. Contractor shall obtain any necessary permission or consent to use trade names, trademarks, service marks, logos or the name, image and likeness of any individual used in connection with the Services provided under this Agreement as may be required by applicable local, state or federal law. If such permission is required, Contractor shall provide written documentation to the City of such permission being granted before Contractor may perform any Services under this Agreement. 16. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. c. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. e. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. f. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. g. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. [The remainder of this page is intentionally left blank] IX-01 (a,b) 6 CITY OF HASTINGS By: Mary Fasbender, Mayor By: Kelly Murtaugh, City Clerk Date: IX-01 (a,b) 7 LILI LENNOX (“CONSULTANT”) By: Date: IX-01 (a,b) MURAL CONCEPT FOR HASTINGS CIVIC ARENA Lili Lennox Lead Artist 2508 Sumter Ave S St. Louis Park, MN 612-220-4152 lili@gildedlili.com lililennox.com Niko Alexander Assisting 320-223-9803 niko@nikoalexander.com nikoalexander.com WITH EXHIBIT A IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept WHERE HISTORY MEETS HOCKEY This vibrant mural concept serves as an energetic and colorful greeting to both residents and visitors, celebrating Hasting’s unique blend of rich heritage and love for the game of hockey through stylized hockey cards. Utilizing bold colors, dynamic imagery, and historical references, the mural captures the essence of your community—its past, present, and future. From the town’s early beginnings and iconic landmarks to the modern-day pride in its thriving hockey program, this mural intertwines history and sport, symbolizing the strong spirit of teamwork, resilience, and unity. It invites all who pass by to connect with the deep roots of the town and the passion for hockey that lives within the Civic Arena and the greater Hastings community today. In this hand-painted mural, a nearly 16-foot-tall Raiders hockey player anchors the mural, flanked by 10 hockey cards offering a glimpse into the pride of both Hastings History and Raiders Hockey. The welcome message, Where History Meets Hockey, stands proudly above welcoming the viewer to the community. Below are scale renderings of the mural as it would be installed on the side of the Arena. The total mural area spans 106 feet. Important Feature: This mural is expandable! New cards can be added for important events, future NHL draftees, and other important figures that capture the pride of Hastings and the Raiders. IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept The mural spans 106 feet and is 15’6” at the tallest point IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept ENLARGED VIEW OF CENTER MURAL Dimension: 27’ wide by 15’6” tall A Raiders Hockey player follows through on a slapshot, the puck flying into the goal net created by the Hastings Bridge. The former Dakota County Courthouse / current City Hall connects to local history. Large text signals the Civic Arena, and the message “Where History Meets Hockey” welcomes the viewer to Hastings. NOTE: If this welcome message is not direct enough or does not express what the Committee intends for the mural, we are happy to re-word the text with Committee feedback. IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept HASTINGS HISTORY CARDS Card Dimensions: 5’ wide x 7’ tall These five “Hastings History” cards present important elements of Hasting’s History. • Hastings’ position on the Mississippi River and Vermillion River • The Historic Downtown Commerce District on East 2nd Street with the cupola from City Hall • The Civic Arena as the Home of Raiders Hockey, with a nod to the Girls Hockey program • The Spiral Bridge and Big Blue Bridge, both replaced by the current Hastings Bridge • The C.A. Lund Company, maker of Northland Hockey Sticks- once a major supplier of hockey sticks to the NHL IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept HASTINGS HOCKEY CARDS Card Dimensions: 5’ wide x 7’ tall These five hockey cards present the Hastings players that advanced to the NHL. Each card presents a team they played for, their position, and dates active in league. NOTE: We realized our mistake of including NHL branding and will revise these designs to remove and replace those specific elements. IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept FABRICATION AND INSTALLATION The entirety of the mural will be comprised of panels of aluminum composite material (ACP). ACP is extremely durable. It consists of two thin layers of aluminum bonded to a plastic core, making it resistant to weather conditions, corrosion, UV rays, and fading. This durability is essential for outdoor murals that need to withstand Minnesota weather. Further, ACP panels are relatively lightweight compared to other materials. This makes installation easier, especially for large-scale murals, and reduces the structural demands on the wall supporting the mural. The mural will be hand-painted with a combination of high-quality exterior commercial acrylics and artist’s acrylics (formulated for murals). The panels will be coated with two coats of a UV protectant to keep the colors looking vibrant for years to come. The panels will be mounted to the wall using low-profile rails installed in sections along the mural and painted to blend with the concrete. The mural panels will be bolted to the rails via the back to ensure no visible surface hardware. This rail installation also allows for easy adjustments, rearrangements, and the addition of future cards. This installation method was advised by and would be carried out by SignArt of Mendota Heights. www.signartusa.com This diagram provided by SignArt details the rail mounting system suggested for the mural, frequently used for cut-out letter signage. IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept BUDGET Item Description Estimate Materials Aluminum Panels 2000 Primer 100 Paint 1100 UV Clearcoat 600 Tools/Sundries 1500 Renderings/Pounces Printing 500 Assistant Painting Labor 230 hours @ $30/hr 7000 Design, Painting + Project Management Fee Lili Lennox 15000 Assistant Design + Painting Fee Niko Alexander 10000 Space Rental + Utilities Warehouse space 4600 Installation + permits SignArt 15000 Contingency 2000 Total Estimated Cost 59,400 IX-01 (a,b) Lili Lennox, Hastings Civic Arena Mural Concept We are thrilled to have been selected as finalists for this project. We believe our mural offers a vibrant concept, featuring bold colors that will enhance the Civic Arena wall, with the added advantage of easy expansion in the future. We are also true collaborators and are happy to continue revising and resolving this mural concept with input and feedback from the Committee. It is our desire that the final mural be the best representation possible of Hastings and Raiders Hockey. Lili Lennox and Niko Alexander IX-01 (a,b) 1 Alex Menke From:Lili Lennox <lili@gildedlili.com> Sent:Tuesday, January 21, 2025 10:42 AM To:Alex Menke Subject:Mural increase numbers Attachments:Hastings Size Compare.JPG Hello Alex, After chatting with SignArt about fabrication and install, I have some numbers for you regarding increasing the mural size. To recap: The estimate for physical fabrication and install of the mural at original size is $17,052. The cards are 5'x7', the center section is 15'x26'. Full 25% increase The cards enlarge to 6'3x8'9. The center piece enlarges to 18'x31'. The estimate for fabrication and install increases by $10,411. The bulk of this increase is in the cards, as they will now require extra bracing on the back to accommodate a seam in the panels. But more importantly, the increased size of the center section brings the hockey player's skate down to about 3' above the ground-- much too low and leaving the mural susceptible to graffiti and damage. I would suggest the center panel not be enlarged to avoid these problems. 25% on hockey cards ONLY The price for fabrication and install of the entire piece, with only enlarging the hockey cards, increases the fabrication/install by $7010. Painting costs increase There would be an increase in labor hours and materials to accommodate the extra square footage on the larger cards, as there would be an additional 200sqft to cover with time and materials. I would necessarily expand our painting budget by a further $5400 to accommodate this increase. Total cost for *suggested* enlargement This combines to a total of $12,410 additional funds needed for installation and fabrication of enlarged 6'3x8'9 hockey cards and the original 15'x26' center section. The total cost of fabrication and installation is $29,462. I've attached an image of what the size increase looks like in comparison to the original. Please let me know if you have any questions, would like to jump on a zoom call to discuss, or have immediate thoughts on how you'd like to proceed. Thanks, Alex! Lili Lennox IX-01 (a,b) 2 -- Muralist | Fine Artist www.lililennox.com 612-220-4152 IX-01 (a,b) IX-01 (a,b)