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HomeMy WebLinkAbout19-129 - Elizabeth Gahan Studios, LLC - Sidewalk Mural at Baker BoulevardCity of Tukwila 6200 Southcenter Boulevard, TukwIla WA 98188 Agreement Number; 19-129(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Elizabeth Gahan Studios LLC That portion of Contract No.. 19-129 between the City of Tu ila and Elizabeth Gahan Studios LLC is hereby amended as follows: Section 1: Scope and Schedule of Services to be Performed — Exhibit A Section 2: Compensation and Method of Payment Exhibit B All other provisions of the contract shall remain in full force and effect, Dated this day of 20 CITY OF TUKVVILA SeOen-ey Allan Ekberg, Mayor 12/30/2020 CONTRACTOR Elizabeth Gahan Studios LLC ATTEST/AUTHENTICATED APPROVED AS TO FORM C44y-‘11!9047-(ezhe4,9 civc-c—vez-a Q..5Deze,tee Christy O'Flaherty, MMC, City Clerk Office of the City Attorney 1/1 CA Reviewed May 2020 Page 1 of 1 19-129, Amend #1 Council Approval 6/17/19 Exhibit A Project 1 LTAC furided Project Development for the Baker Bvd. Corridor: General Terms and Scope of Services A. The Artist has been commissioned to engage in project development for permanent art options for the Baker Blvd. Corridor based upon designs and a work plan submitted to the City. It is understood the Artist will make every effort to develop these designs and any new designs to create Artwork in the spirit of the designs previously submitted, but that the creative process, further input from the City, or new information may alter the final renderings. Artist, therefore, with approval of the City, which approval shall not be unreasonably vvithheld, may make necessary design modifications or changes as project development progresses, B. The City shall pay the Artist for satisfactory completion of the Airtist's Project 1 Scope of Services in the total fixed amount of $20,000.00 (twenty thousand dollars and zero cents) for the Artist's time on the project and expenses incurred during Project Development. This fee shall constitute full compensation for all LTAC funded Project Development for the Baker Blvd. Corridor services to be performed and furnished by the Artist under this Agreement, unless otherwise agreed upon by both parties. All fees shall be paid in accordance with standard City business practices. Project Development expenses, such as engineering consulting costs, can be paid for directly by the Commissioning Entity, but will still constitute part of the total budget amount of $20,000.00 (twenty thousand dollars and zero cents). C. The Artist shall work both independently and collaboratively to research and develop ideas for perrnanent art for the Baker Blvd, Corridor. D. Artist shall participate in City community outreach and promotional campaigns. E. The Artist shall document research, interviews, contacts, etc. completed during the project development process, Artist shall provide a monthly report on the project development progress, provide presentations to the City of Tukwila and Tukwila City Council upon request, and any drawings or documents created during the project development process, F. The Artist shall provide a final report for potential permanent art options for the Baker Blvd. Corridor ani recommendations for moving forward with artwork fabrication. Artist shall provide a presentation to communicate the final report to the appropriate advisory bodies upon request. G. Upon completion and delivery of the final report for permanent art options for the Baker Blvd, Corridor, it will be at the discretion of the City in consultation with the Lodging Tax Advisory Committee to pursue and fund the fabrication of any permanent art option proposed in the report. 19-129, Amend #1 Council Approval 6/17/19 Project 2 o LTAC funded Ground Mural for the Baker Blvd. Corridor: General Terms and Scope of Services A. Project Description Artist has been commissioned based upon a design submitted to the City for public art ground murals. It is understood the Artist will make every effort to create the Artwork in the spirit of the design, but that the creative process, further input from the City, or new information may alter the final renderings. Artist, therefore, with approval of the City, which approval shall not be unreasonably withheld, may make necessary design modifications as the Artwork progresses. Design Description C. Compensation The City shall pay the Artist for satisfactory completion of the ARTIST's Project 2 Scope of Services in the total fixed amount of $20,000,00 (twenty thousand dollars and zero cents) for services rendered by the Artist which may include, but is not limited to, Artist design fee, materials, fabrication, installation, and documentation of the ground murals. 19-129, Amend #1 Council Approval 6/17/19 D. Design Work • Design artwork for the Tukwila Commercial District for public enjoyment, wayfinding and supporting visual arts along the Baker Blvd, Corridor. • Consider the locationsexisting features and surfaces in developing a design. Respond to feedback provided by the City. Provide final artwork designs and information on materials. E. Implementation ti Confirm final decision on ground mural locations • Confirm materials and installation strategy for ground murals Work with material suppliers and installers. Submit a written document that (1) identifies an artwork title; (2) provides a brief artist statement; arid (3) maps the design and installation of the artwork for future repairs to reasonably correct the artwork in the event of damage. F. Materials and Process • The City will provide sidewalk preparation prior to artwork installation. The ground murals will be fabricated in Thermoplastic. The City will provide a crew to install the Thermoplastic ground murals. G. Completion and Delivery Upon completion of the Artwork, the City shall own the Artwork, including the physical manifestation of the final design, and the City will be responsible for all maintenance and care. H. Limited Lifespan Artwork The Artist and City recognizes that any surface treatments (murals) have a limited lifespan. Thermoplastic ground murals have a relatively long limited lifespan, the duration of which depends on the location conditions, maintenance, and restoration, Artist understands that the City retains the right to review the efficacy, cultural value, and associated costs of maintaining and conserving the Artwork. The City and the project partners reserve the right to conserve, re- install or decommission the Artwork at the City's discretion. The City will make a reasonable effort to maintain the Artwork during the limited lifespan as determined by the Manufacturer's product information and warrantee of the materials used to fabricate the artwork. 19-179, Amend Council Approval 6/17/19 Exhibit B Project 1 LTAC funded Project Development for the Baker Blvd. Corridor: Project Schedule, Compensation and Payments The Scope of Services is divided into tasks with identified activities, deliverables and payments and an estimated budget breakdown for all services listed herein. Task 1: Design Work - Site visits to photograph and measure possible permanent art Iocations - Possible projects for further design development: venue feature sculpture, sculptures along Baker Blvd., sculptures along Christensen Rd., sidewalk grates, lamp pole features, ground murals, utility box art, banners and other recommendations by the City= - Select projects for development in consultation with the City - Prioritize ground murals and utility box art project development Payment: $100/hr. billed monthly' Task 2: Project Management - Work with the City an public art implementation strategies and approval process - Coordinate material suppliers, fabricators, and installers - Communicate with the City throughout the process Payment: $100/hr. billed monthly Task 3: Research Materials & Fabrication far Public Art Projects - Document the research - Identify appropriate materials and fabrication strategy for each project - Get quotes for materials, fabrication, and installation of proposed projects - Interview potential fabricators ark with 3D imager and engineer to inform designs as needed Payment:. $100/hr. billed monthly Task 4: 3D Imaging & Engineering Consultation - Work product from 3D imager and engineer Payment: market rates Budget Breakdown Estwmate Design Work (30hr.) - $5,000 Community Outreach, Meetings & Administr tiv $Ohr Research Materials & Fabrication (1 g hr.) - $10,000 3D Imaging & Engineering (market rates) - 50f The budget breakdown may be altered to reflect time expended on each task and expenses, but the total amount paid will not exceed the maximum budget of $20,000.00 (twenty thousand dollars and zero cents). 19429„ Amend #1 Council Approval 6/17/19 Project 2 - LTAC funded Sidewalk Mural for the Baker Blvd, Corridor: Project Schedule, Compensation and Payments The Scope of Service is divided into tasks with identified activities, deliverables and payments and an estimated budget breakdown for all services listed herein. Materials and Fabrication: - Materials and fabrication will be purchased from Ennis -Flint Execute Ground Murals - Artist will work with Ennis -Flint to order materials and approve design proofs. - Sidewalk preparation and install will be provided by the City. - Artist will work with the City to coordinate artwork install and be onsite to oversee installation. - Artist will provide written document that identifies artwork title, artist statement, colors used, and installation strategy Deliverables & Payments $19,000.00 Materials and Fabrication from Ennis -Flint $ 1,000,00 Execute Ground Murals ����������� w,x�,�~v",wv�v�~"u.p h2OVSnumc,nterBoulevard, Tukwila VYA98108 Contract Number: CONTRACT FOR ARTST SERVICES 19-129 Council Approval 6/17/19 mis Agreernent is entered nto by and hetween the City of Tukwila, Washington, a non -charter optional municipal code City (hereinafter referred to as the 'City"), and Elizabeth Gahan Studios LLC, (hereinafter referred to as "the Artist), whose principal office is Iocated a|84509th Ave. SW, Seattle, VVA 98106. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Artist perform such services pursuant to certain terms and nonditioris; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as foliows: 1. Scope and Schedule of Services to be Performed by Artist. The Artist shall desgn and produce the artwork (hereinafter "Artwork") and perform all other work described in Exhibit A attached hereto and incorporated herein by this reference as if fully set forth, In perforrning such services, the Artist shall always comply with all Federal, State, and local statutes, rules and ordinances applicable to the perforrnance of such services and the handling of any funds used in connection therewith. The Artist shall request and obtain prior written approval from the City if the scope or schedule is to be modified inany way. The Qty may desire to have the Artist perform work or render services in connection with this aQreornoninthor81anthaiaxpoes8lyprovidedforin1he"3copnnfVVork"oncbunsn/thisAgreernenL This will be considered extra work, supplemental to this Agreement and shall not proceed unless authorized by a written amendrnent signed by both parties. 2. Compensation and Method of Payment. The City shall pay the Artist for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $40,000. 3. Artist Budqet, The Artist shall apply the s received under this Agreement within the maximum limits set forth in this Agreement. The Artist shall request prior approval from the City whenever the Artist desires to arnend ts budget in any way. 4. Duration of Agreement. This Agreement shall be in tull force and effect for a period commencing August 1S`20l9. and ending December 31,282U unless sooner terrninated under the provisions hereinafter specified. 5. Independent Contrac1or. Artist and City agree that Artist is an independent contractor with respect to the servces prov?ded pursuant to this Agreement. Nothing in this Agreement shalt be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance m 8 ` ."~&0� ,� S. presence of any disability, or any other protected class status under state or federal law, ii1 the' selection and retention of employees or procurement of materials or supplies, 12. Assignment and Subcontract: The Artist shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. This provision shall not prohibit the Artist from employing qualified personnel for work under the Artist's direct supervision regarding the Artwork except that the Artist shall not permit any such person to acquire any copyright, ownership interest, lien right; or other property interest in the Artwork: Entire Agreement; Modification, This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Artist and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14, Severability and Survival. If any term, -condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions" hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk,City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Artist shall be sent to the addre line below, provided by the Artist upon the signature 16, Applicable Law; Venue; Attorney's Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington: In the event any suit, arbitration, or other proceeding isinstitutedto enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 17. Proprietary Rights and Rights of Reproduction A. After delivery of the Artwork and acceptance of the Artwork by the City; Artwork created under this Agreement shall be the sole property of the City, None of the Artist's works provided herein will be deemed "works for hire" for purposes of copyright law and the copyright will belong solely to the Artist. To that extent that any of the Artist's works hereunder include' materials subject to patent, trade secret or other proprietary right protection, the City hereby irrevocably assigns to the Artist all its right, title and interest that it may be deemed to have in and to any and all inventions, copyrights, patents, trade secrets and other proprietary rights therein (including_ renewals thereof). B. The Artist expressly reserves every right available to him/her at common law or under the Federal Copyright Act, including moral rights under the Visual Artists Rights Act, 17 USC 106A to control the making and dissemination of copies or reproductions of any items that are conceived; made, discovered, written or created by the Artist pursuant to this Agreement, except as those rights are expressly limited by this Agreement, The Artist authorizes the City and its assigns to make, publicly display, and distribute any and all photographs, copies, drawings and other two-dimensional reproductions of any Artwork produced pursuant to this Agreement without prior consent of the Artist, if for the sole use and benefit of the public, not for financial gain, including but not limited to advertising, brochures, informational and educational documents, presentations and similar material; but no other use is permitted without prior consent of the Artist. The City shall assure that the original Artwork and all reproductions, copies and derivative works by the City of the Artist's work produced pursuant to this Agreement contain a credit to the Artist and copyright notice substantially in the following form` "Cii or Copyright, date of the first publication or date ation Artist's name." Non-Destruction/Alteration: The City agrees not: to purposefully destroy, alter, modify or otherwise change the Artwork in any way whatsoever. If any alteration occurs after the receipt of the Artwork by the City, whether intentional or accidental,: the Artist has the right to request that the Artwork shall no longer er be represented to be the Artwork of the Artist, DATED this ° day of CITY OF TUKW I A Allan Ekberg, ayor Attest/Authenticated, CONSULTANT By: Printed tame Title. oil__ Approved as to Form: isty O'Flaherty Office of the City Attain City Exhi Pro ect . LTAC funded Project D e(oprrrent for the Baker Blvd, Corridor. Genera Ter s and Scope of des A. The artist has been COM essoned to engage in project development for permanent art options for the Baker Blvd, Corridor based upon designs and a work plan submitted to the pity. It is understood the Artist will make every effort to develop these designs and any new designs to create Artwork in the spirit o he designs previously submitted, but that the necessity for continuous artistic refinement and development rrt y alter the final renderings, Artist, therefore, with approval of the City, which approval shall not be unreasonably withheld, may make necessary design modifications as project development progresses so long as general concepts remain the came. B. The City shall pay the Artist for satisfactory 'completion of the Artist's Scope of Services in the total fixed amount of $20,000.00 (twenty thousand dollars and zero cents) for the artist's time on the project and expenses incurred during Project Development, This fee shall constitute full compensation for a LTAfunded Project Development for the Baker Blvd. Corridor services to be performed and furnished by the Artist under this Agreement, unless otherwise agreed upon by both parties. All fees shah be paid In accordance with standard City business practices; Project Development expenses, such as 3D imagisag and engineering consulting costs, can be paid for directly by the Commissioning Entity, lout grill still constitute part of the total budget amount of $ 0 000,00 (twenty thousand dollars and zero cents). C. The Artist will allocate 160 hours during the duration of the contract fora total of $1 ,010.00 (sixteen thousand dollars and zero cents} D. The Art st shall have a budget of up to $4,000.00 .00 (four thousand dollars and zero cents) available for professional services related to project development. The Artist will work with the Parks & Recreation, Manager or their designee regarding the requisition of funds, E. The Artist shall work both independently and collaboratively to research and d velop ideas for permanent art for the Baker Blvd. corridor, F. The Artist shall be responsible for conducting corrrmunityengage ment activities requirinj coordinat%on between the Artist and the City of Tukwila. G. The Artist shall do ument research interviews, c rrrrnunity contacts, etc. completed during the project development process. Artist shall provide a onthly report on the project development progress, provide presentations to the City of Tukwila and Tukwila City Council upon request, and any drawings or documents created during the project development process. H. The Artist shall provide a final report for permanent art options for the Baker Blvd, Corridor and; recommendations for moving forward with artwork fabrication. Artist shall provide presentations to co r nrunicate final report to the City of Tukwila, Tukwila City Council, Lodging and Tax Advisoryr COTT mittee upon request. 0, Upon completion and delivery of the final report for permanent art options fear Baker Blvd. Corridor, wrll be at the discretion of the City of Tukwila to pursue fabrication of any permanent art option proposed in the report; Project 2 - LTAC funded Sidewalk Mural for the Baker Blvd. Corridor: General Terrtros and Scope of Services A. Artist has been commissioned based upon a design submitted to the City for 'public art sidewalk murals. It is understood the Artist will make every effort to create the Artwork in the spirit of the design, but that the necessity for continuous artistic refinement and development may alter the final rendering. Artist, therefore, with approval of the City, which approval shall not be unreasonably withheld, may make necessary design modifications as the Artwork progresses so long as general concept and materials remain the same. B. Design Description C. The City shall pay the Artist for satisfactory completion of the Artist's Scope of Services in the total fixed amount of $20,000.00 (twenty thousand dollars and zero cents) for the artist's time on the project and expenses incurred during the sidewalk mural project. This fee shall constitute full compensation for all LTAC funded Sidewalk. Murals for the Baker Blvd, Corridor services to be performed and furnished by the Artist under this Agreement, unless otherwise agreed upon by both parties. All fees shall be paid in accordance with standard City business practices, Paint, materials and equipment costs can be paid for directly by the Commissioning Entity but will s constitutepart of the total budget amount of R20,000.00 (twenty thousand dollars and zero cents)' D. Pladinin Design artwork for the Tukwila Comrercial District for general public enjoyment t be located along the Raker Blvd. Corridor. Consider the locations' existing features arid surfaces ira de °ping a design, Create a sketch or visual rendering of the design to share with the Tukwila Parks and Recreation designee. Respond to feedback provided by the Tukwila Parks and Recreation designee, Provide an inventory of required paint, materials and equipment to tlae Tukwila Parks and Recreation designee: E 1 plerrreratatiorr Create a context -specific, original artwork m the forma of a painted surface treatment (mural) n the sidew,valks located at Baker Blvd, and Andover Park W. four corners, Baker Blvd. and Andover Park E. four corners, and Baker Blvd and Christensen Rd. straight sidewalk on the west side of the street, herein after referred to as the "Artwork." Paint the Artwork using a good faith effort to control spills, rrai111z deleterious effects to property, and cause minimal disturbance to business activities occurring on site and to the adjacent right-of-wvays during implementation. Paint the Artwork so as not to intentionally endanger any person or property. A good faith effort to participate in project outreach and promotion campaign as requested: Submit a written document that (1) identifies an artwork title; (2) provides a brief artist statement; and maps the palette of paint colors used for future repairs to reasonably correct the Artwork in the event of damage, E. aterials and Process Professional preparation sidewalk prior to painting: She in Pilhams e tterior acrylic paint, plus shark rip additive mixed in the paint for grip. Prime the first layer in white, then 2-4 layers of colored pain For the last -2 layers of paint; add the sharkrip mixture before paint . ompletion and Delivery Upon completion Artwork shall become the property of the City as to future rnantenance and care. Upon completion of the Artwork and acceptance by the City, the City shall own the Artwork, including g. the physical manifestation of the final design. EI. Limited Life Span A. _` ori The Artist recognizes that painted surface treatments r{rrru hhave a td lifespan of up to 7 years and understands that Corraissioning Entity retains the right to review the efficacy, cultural value, and associated costs of aintaming and conserving the Artwork. Comrraissinning Entity and the PROJECT Partners reserve the right to paint over the Artwork at anytime. Commissioning Entity will make a reasonable effort to rrraintain the Artwork during the seven-year life expectancy: Exhibit B Project 1- LTAC funded Project Development for the Baker Blvd, Corridor: Project Schedule, Compensation and Payments The Scope of the service is divided into tasks with identified activities, deliverables and payments and an estimated budget breakdown for all services listed herein. Task 1: Additional Design Work -Site visits to photograph and measure possible permanent art locations - Designs for Arch #2, Sidewalk Sculptures along Baker Blvd., Sidewalk Grates Payment: 5100/hr, billed monthly Task 2: Community Outreach, Meetings & Administrative -Communicate with the business community, build support, and gather feedback -Communicate with the City throughout the process Prioritize 4 designs initially Payment: $100/hrbilled monthly Task 3: Research Materials & Fabrication for top 4 options Work with 3D imager and engineer to inform designs - Interview potential fabricators Identify appropriate materials and fabrication strategy for each project Payment: : $100/hr, billed monthly Task 4: 3D Imaging & Engineering Consultation Work product from 3D imager and engineer Payment: rnarket rates Budget Breakdown Est, Design Work (30hr.) - $3,000 Community Outreach, Meetings & Administrative (30hr.) -S3,000 Research Materials & Fabrication (1001m) -$10,000 3D Imaging & Engineering (market rates) - $4,000 The budget breakdown may be altered to reflect time expended on each task and expenses, but the total amount paid will not exceed the maximum budget of $20,000.00 (twenty thousand dollars and zero cents). Project 2 - LTAC funded Sidewalk Mural for the Baker Blvd, Corridor: Project Schedule, Compensation and Payments The Scope of service is divided into tasks with identified activities, deliverables and payments and an estimated budget breakdown for all services listed herein. Additional Design Work map out remaining 7 corners - site visit for additional photos and measurements Project Management Painting plan and materials list - Coordinate with City Departments for any permitting or sidewalk closure Coordinate sidewalk cleaning and painting assistant Materials & Prep - Sidewalk cleaning - Purchase Materials & Tools Execute Painting - Two artists to complete 8 sidewalk corners and 1 long sidewalk - Provide written document that identifies artwork title, artist statement, and paint colors used Deliverables & Payments S2,000 Upon submission of all design renderings $1,500 For procurement of paint, material, equipment and sidewalk prep $15,000 Upon completion of Artwork $1,000 Upon delivery of written document that identifies artwork title, artist statement, and paint colors used $500 Contingency