2008-055 Arts Commission - Wayne Trapp Seymour Center Public Art Project

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ref I~~/ZDa~ ~- m • NORTH CAROLINA ORANGE COUNTY AGREEMENT FOR COMIVIISSION OF PUBLIC ART WORK THIS AGREEMENT, made and entered by and between ORANGE COUNTY (the "County") and WAYNE TR.APP (the "Artist") residing at 427 Russell Beach Road, Vilas, NC 28692, (collectively the "Parties"). WITNESSETH • • WHEREAS, on November 26, 2007, a Public Art Selection Committee (the "Committee") was convened by the Orange County Arts Commission (the "Commission"), and WHEREAS, the Committee proposed to select V~Tayne Trapp to design, fabricate, deliver, and install an outdoor sculpture at the Robert and Pearl Seymour Center, 2551 Homestead Road, Chapel Hill, NC (the "Site"), and WHEREAS, the Orange County Arts Commission approved of the recommendation by this artist selection committee, and WHEREAS, on June 3, 2008, after a review of public comments, the Board of County Commissioners approved of Wayne Trapp's design proposal (the "General Design Concept"), NOW, THEREFORE, based upon the mutual promises contained herein and other valid and sufficient consideration, the parties agree as follows: ARTICLE 1. DESIGN DEVELOPMENT a. Artist will have a maximum of (30) days after execution of this Agreement to refine and add details to the General Design Concept in collaboration with the Parties and input from the citizens of the Site community, and complete a fully developed design proposal, which shall consist of a project budget, scaled drawings, a written statement describing the concept for the public art, material samples, samples of coatings and finishes, a tentative fabrication and delivery schedule, steps for installing the work at the Site, and maintenance recommendations (the "Fully Developed Design Proposal"). The fabrication and delivery schedule shall provide for progress reports at 50%, and 100% completion of fabrication, include photographs and other images of the public art, and require delivery to, and installation of the public art at, the Site before the end of December, 2008. b. The Committee shall review the Fully Developed Design Proposal by the Artist. The Committee may either accept the Fully Developed Design Proposal, or request that the Artist develop a second proposal within a reasonable timeframe, not exceeding thirty (30) days. c. In the event that a second Fully Developed Design Proposal is not accepted by the Committee, the Artist and the County will have the option to terminate this Agreement or develop a third design proposal within a reasonable timeframe, not exceeding thirty (30) days. If the Artist or the County chooses to terminate the