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HomeMy WebLinkAbout02-098 - Aldredge Lydia (Archetype) - Cascade View Community Park Artwork404 G-14. 01 AGREEMENT FOR ARTWORK THIS AGREEMENT is made and entered into this c� THIS Y of 002 by and between the City of Tukwila, Washington, hereinafter referred to as the "Owner," and Lydia Aldredge, Archetype, hereinafter referred to as the "Artist. WHEREAS, the Owner desires to contract with the Artist to provide an art proposal for the Cascade View Community Park development project, and WHEREAS, the Artist has indicated a desire to perform the work in an artistic, professional manner, NOW, THEREFORE, the Owner and the Artist, for the consideration, covenants, conditions and under the conditions hereinafter set forth, do agree as follows. 1. RETENTION OF ARTIST The Owner does hereby retain the Artist to perform the work and services hereinafter described. The Artist is an independent contractor and shall, by July 1, 2003, unless extended by mutual agreement, furnish all supervision, labor, materials, equipment, supplies and all other incidentals, except as specifically provided below, and shall conduct and complete the work in a competent and professional manner. 2. SCOPE OF WORK The work referred to by this Agreement is the completed art work design of the following artwork (hereinafter referred to as the "Work"): Type of work: Serve as the lead artist on the City of Tukwila, Cascade View Community Park design team. Work with the Tukwila Community and Parks Committee, Tukwila Arts Commission, Parks Commission, Parks & Recreation Department and Cosmopolitan Engineering Group to design, build and install an artistic gazebo, four artistic light posts, a world map and entry basalt rock sculpture. A detailed proposal is attached as "Attachment A." 3. TRANSFERS The work and services required of the Artist are personal and shall not be assigned, sublet or transferred without the express written approval of the Owner. This shall not prohibit the Artist from employing qualified personnel who shall work under her direct supervision. Agreement for Artwork - Page 1 of 8 Cascade View Community Park—August 19, 2002 9J!JAI F z • • 4. REVIEW OF WORK IN PROGRESS The Owner or its representatives shall have the right, at reasonable times, to review the Work and progress of the Work upon request. Authorized representatives of the Owner may review the Work at its location. 5. PAYMENT The Artist shall be paid by the Owner for completed work and/or services related to this Agreement only as provided hereinafter. Such payment shall be full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials, travel expenses, equipment or use thereof, and for all other incidentals necessary to complete the Work. Total payment shall not exceed the sum of forty-three thousand dollars ($43,000), plus sales tax (8.8%). The total payment is subject to adjustment as set forth in Section 6. Payments will be limited to one payment request per month and will be submitted in writing upon a portion of made upon a percentage of completion as set forth in "Attachment A": Final payment will be made following a 30 -day lien period to begin upon the date of completion of installation in the designated location and delivery of artist's resume and technical description of the detailed maintenance recommendations for the Work. The Artist is responsible for payment of required materials, labor of assistants, communication, studio space, travel, transportation, storage, rentals delivery, documentation and public report of the completed Work. The Artist is responsible for payment, to the Department of Revenue, of business taxes, which may be due as a result of this Contact. The Artist must register with the Washington State Department of Revenue. The Artist shall submit a billing, including sales tax, to the Owner when each stage outlined has been reached. The determination that the stage has in fact been reached shall be solely that of the Owner. The Owner will promptly seek to determine whether or not the applicable stage has been reached, and upon making that determination, will process the invoices and make payment to the Artist within thirty (30) days of receipt of the billing. Agreement for Artwork - Page 2 of 8 Cascade View Community Park—August 19, 2002 • • 6. TERMINATION a. The right is reserved by the Owner to terminate this Agreement for any reasons at any time upon not less than (10) days written notice to the Artist. b. In the event this Agreement is terminated by the Owner without fault on the part of the Artist, the Artist shall be entitled to a final payment or settlement as set forth in the following, at the option of the Artist: (1) The Artist shall be paid according to the schedule set out in Section 5, plus a portion of the next installment due which corresponds to the percentage of work completed at the time of termination. If payments previously made to the Artist exceed the total amount due as computed above, then the Artist shall refund that amount of the total previous Payments which exceed the amount determined by applying the above formula. The Artist shall deliver to the Owner the Work in whatever form it exists at that time, which shall then become the property of the Owner for use without restriction, except that it shall not be represented to be the work of the Artist; OR (2) The Artist may refund all monies, minus non-refundable payment, paid by the Owner to the time of termination and retain the Work, any models, plans, drawings and all materials and supplies purchased for the Work, for their own use without restriction. c. In the event this Agreement is terminated by the Owner for fault on the part of the Artist, or because of the disability of the Artist, or if terminated automatically because of the death of the Artist, or in the event of any breach of its terms by the Artist, the Owner may utilize either of the options available to the Artist under paragraph "b" above. Exercise of either of these options by the Owner shall not prevent the Owner from pursuing any remedy otherwise available to it in law or equity. 7. INDEMNIFICATION The Artist does release and agree to save and hold the Owner, the Tukwila Arts Commission and their members, elected and appointed officers, agents and employees, harmless from any and all causes of action, suits of law or equity, or claims or demands from any liability of any nature arising out of the performance and installation of the Work and obligations contained herein on the part of the Artist, her agents and employees, except where caused by the sole negligence of the Owner. Agreement for Artwork - Page 3 of 8 Cascade View Community Park—August 19, 2002 • • 8. RISK OF LOSS AND INSURANCE The risk of damage to or loss of the Work during development shall be solely that of the Artist. This risk shall transfer to the Owner only upon transfer of ownership of the Work, which shall occur after design is complete and the Work is finally approved by the Owner. 9. REPRODUCTION The Artist shall retain the copyright and all other rights in and to the Work except ownership and possession; provided that the Artist grants to the Owner an irrevocable license to reproduce the Work in any manner whatsoever. 10. EMPLOYMENT With respect to the performance of this Agreement and as to claims against the City, its officers, appointed members of the Tukwila Arts Commission, agents and employees, the Artist expressly waives her immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Artist. This waiver is mutually negotiated by the parties. Any and all employees of the Artist or other persons which engage in the performance of any work or services required by the Artist under the Agreement shall be considered employees of the Artist and not of the Owner and any and all claims that may or might arise under the Workers' Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the Artist's employees or other persons while so engaged on any of the Work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Artist. The Artist warrants that he has not employed or retained any company or person, other than bona fide employee or established art agent of the Artist, to solicit or secure this Agreement, and that the Artist has not paid or agreed to pay any company or person, other than such employee or established agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to terminate this Contract or to deduct from the Contract price the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Agreement for Artwork - Page 4 of 8 Cascade View Community Park—August 19, 2002 • • 11. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. 12. MODIFICATION OR AMENDMENT This Agreement is the sole agreement between the Owner and Artist concerning the subject matter hereof and supersedes any and all prior agreements relating thereto. No provision of this Agreement may be amended, modified or supplemented except in writing signed by the Owner and the Artist and submitted to the Tukwila Arts Commission. The waiver of the breach of any provision of this Agreement will not constitute a waiver of any subsequent breach thereof, nor of the Agreement. 13. COMPLIANCE WITH STATUTES, RULES AND REGULATIONS In the performance of the Work, the Artist shall comply with all applicable state and local laws, rules and regulations. 14. WAIVER The Artist agrees to notify the Owner of changes in her address and failure to do so, if such failure prevents the Owner from locating him, shall be deemed a waiver of the Artist's rights in Sections 11 and 12. 15. RECORDS The Owner agrees to maintain on file in accordance with state law governing public records a record of this Agreement and of the location and disposition of the Work. 16. PUBLIC REPORT FORMAT To help facilitate the understanding of the procedures and processes used in creating the works of art within public agencies, the Artist shall write or make a public report to the Owner. The Artist shall, upon completed artwork design, provide this report in the format of her choosing. 17. ARTIST'S PROFESSIONAL RESUME, TECHNICAL DESCRIPTION, AND MAINTENANCE RECOMMENDATIONS FOR THE ARTWORK Upon completion of the Work, the Artist shall provide a current professional resume and technical description of the artwork and detailed recommendations for its maintenance (according to a form provided by the City of Tukwila). These documents are to be submitted to the Tukwila Arts Commission and Owner for its records. Agreement for Artwork - Page 5 of 8 Cascade View Community Park—August 19, 2002 • DATE: 1//8/01-2 APPROVED AS TO FORM: ffice of t, - City Attorney DATE: r0 DZ— Agreement for Artwork - Page 6 of 8 Cascade View Community Park—August 19, 2002 CITY OF TUKWILA BY: '4 Mayor, City of Tukwila • DATE: !� 1 ACCEPTED BY: Steve M. Mullet, ayor DATE: • • Attachment "A" The Artist, Archetype, will serve as the lead artist on the City of Tukwila, Cascade View Community Park design team. The Artist will work with the Tukwila Community and Parks Committee, Tukwila Arts Commission, Parks Commission, Parks & Recreation Department and Cosmopolitan Engineering Group to design, build and install an artistic gazebo, four artistic light posts, a world map, and an entry basalt rock sculpture with artistic design features according to the following scope of work, payment plan and schedule: A. Gazebo Concrete support posts with electrical conduits for outlets and a light feature in the ceiling, metal supported coupola, roof framing, metal and polycarbonate roof, and art glass incorporating ethnic pattern representing the neighborhoods diverse population. Task Scope Fee Due Date Task I: Provide Conceptual Drawings to obtain $2,000 November 1, 2002 authorization to develop detailed Design Drawings. Provide footing drawings and electrical needs for the park development construction drawings so this work can be done as part of another contract. Task II: Provide Design Drawings to obtain permits and $9,000 February 1, 2003 authorization to begin fabrication of gazebo. Task III: Complete the installation of the gazebo $7,000 July 1, 2003 with operational outlets and light feature and electrical permit sign off. B. Lights Concrete support posts with electrical conduits for outlets and a light fixture, metal support and roof, and art glass that resembles and compliments the artistic nature of the gazebo and incorporates the ethnic patterns that represents the neighborhoods diverse population. Task Scope Fee Due Date Task I: Provide Conceptual Drawings to obtain $1,500 November 1, 2002 authorization to develop detailed Design Drawings. Task II: Provide Design Drawings to obtain permits and $8,000 February 1, 2003 authorization to begin fabrication of lights. Provide footing and electrical needs for the park development construction drawings so this work can be done as part of another contract. Task III: Complete the installation of the four lights $6,500 July 1, 2003 with operational outlets and light feature and electrical permit sign off. Agreement for Artwork - Page 7 of 8 Cascade View Community Park—August 19, 2002 • • Attachment "A" Page 2 C. World Map A 10' by 20' world map including Terrazzo "continents," metal inserts, and colored concrete. Task Scope Fee Due Date Task I: Provide Conceptual Drawings to obtain $1,000 November 1, 2002 authorization to develop detailed Design Drawings. Task II: Provide Design Drawings to obtain $3,000 February 1, 2003 authorization to begin fabrication of World Map. Provide construction details so the base work can be done as part of another contract. Task III: complete the installation of the World Map $2,000 Julyl, 2003 D. Entry Sculpture Three Basalt columnar rocks to create an artistic sculpture at the SE entrance of the park. Task Scope Fee Due Date Task I: Provide Conceptual Drawings to obtain $500 November 1, 2002 authorization to develop detailed Design Drawings. Task II: Provide Design Drawings to obtain $1,500 February 1, 2003 authorization to begin selection of Entry Sculpture rocks. Task III: Select and install Basalt columnar rocks as $1,000 July 1, 2003 according to the authorized designed. Agreement for Artwork - Page 8 of 8 Cascade View Community Park—August 19, 2002