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HomeMy WebLinkAbout20-035 - Sarah Kavage - AiR: Riverton Creek Restoration ProjectTG City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-035(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sarah Kavage That portion of Contract No. 20-035 between the City of Tukwila and Sarah Kavaqe is hereby amended as follows: Section 1: Scope and Schedule of Services to be Performed: The Consultant agrees to perform contract services in accordance with the scope of work included as Exhibit "A", attached hereto. Section 2: Compensation and Method of Payment, shall be modified as follows: Payment for the work provided by the Contractor shall be made as provided on as Exhibit "B", attached hereto, provided that the total amount of payment to the Contractor under this agreement shall not exceed $34,500 without express written modification of the Agreement signed by the City. The total amount for this amendment is $15,500. Section 4: Duration of Agreement: The time for completion of the project is extended from December 31, 2021, to April 30, 2022. All other provisions of the contract shall remain in full force and effect. Dated this 5th day of November , 20 21 CITY OF TUKWILA CONSULTANT eSignecl via SeamlessDocs.com C7/(Leu/& 6A-6e/cg Key: ab7935ea1055,,tlfae1e01,39,10aclal 9 AIIan Ekberg, Mayor 11/05/2021 APPROVED AS TO FORM eSignetl SeamlessDocs.com Ce (15eWeK Office of the City Attorney CA Reviewed May 2020 .-igrea via -e-mlessDocs corn Kay,a215fcb2baaSaecleSecic7be7c7ff, Sarah Kavage, Artist Page 1 of 1 Exhibit A - Scope & Schedule of Services to be Performed Exhibit B — Compensation and Method of Payment 1) Living Willow Sculptural Elements Create 4 sculptural elements using living willow, along the Duwamish riverbank between the Riverton Creek restoration site and E. Marginal Way. These elements will be a mix of sculptural and functional work, built roughly at human scale. The attached photos and drawings give a rough idea of scale and complexity (final designs will differ). The artist will harvest the willow from restoration sites, parks, and other natural areas in Tukwila, in coordination with and with assistance from Parks Department staff. The budget includes two assistants to help with the build. The scope also includes coordination and consultation with Parks Department staff on anticipated maintenance, as well as a small amount of the artist's time after the build is complete to conduct ongoing maintenance. Schedule: Completion by April 30, 2022 Fee: $12,000.00, paid upon completion of the items noted above and adhering to the scheduled completion date. PROPOSE EC.;,. AS FAA k = I. M1'WGWJUOWC, A! , C'.•.:NA1wy. • • URA TJOY: ifirg Z) Interpretive Sign Design • Present 3 initial concept sketches for review / discussion - from that review process we will select a design to be developed further into the final concept. • Present 1 final draft for review. This would include all content (text and graphics). May commission sign text from others (included in cost). • Final pdf file in response to comments. Schedule: Completion by December 31, 2021 Fee: $3,500.00, paid upon completion of the items noted above and adhering to the scheduled completion date. City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 20-035 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Sarah Kavaqe , hereinafter referred to as "the Contractor," whose principal office is located at 409 16th Ave E #3, Seattle, WA 98122. 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 Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor 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 $19,000. 3. Contractor Budaet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2020, and ending December 31, 2021, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor 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 Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. 10. Piscrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. ntire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 13. 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. 14. 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 Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. 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, abdion, or other proceeding is instituted to 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. 16. Proprietary Rights and Rights of Reproduction. A. Except as expressly set forth in herein, the Contractor witl own exclusively all right, title and interest in and to all items that are conceived, made, discovered, written or created by the Contractor pursuant to this Agreement. None of the Contractor's works provided herein will be deemed "works for hire" for purposes of copyright law and the copyright will belong solely to the Contractor. To that extent that any of the Contractor's works hereunder include materials subject to patent, trade secret or other proprietary right protection, the City hereby irrevocably assigns to the Contractor 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 Contractor 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 Contractor pursuant to this Agreement, except as those rights are expressly limited by this Agreement. The Contractor 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 Contractor, if for the sole use and benefit of the public, 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 Contractor. C. The City shall assure that all reproductions, copies and derivative works by the City of the Contractor's work produced pursuant to this Agreement contain a credit to the Contractor and a copyright notice substantially in the following form: "© or Copyright, date of the first publication or date of creation, Contractor's name." DATED this 1 day of CITY OF TUKWILA Rick Still, Parks & ''ecreation Director , 20 2-0 . CONTRACTOR Signature: Sarah Kavage, Artist Address: 409 16th Ave E #3, Seattle, WA 98112 2-00 g EXHIBIT A - GENERAL TERMS AND SCOPE OF SERVICE The Artist shall, in consultation with the City, implement a concluding project as Artist in Residence, with a focus on the Duwamish River. This exploratory ecological public art project intends to bring attention to an important physical/social aspect of the city, the Duwamish/Green River; and link community members of this incredibly diverse community to each other and to this specific part of their city. The project will implement multiple ecological artworks as part of the Riverton Creek restoration project. The project will work in collaboration with Tukwila Public Works, community members and local organizational partners to develop content and integrate artwork into the restoration design and workflow. The project will consist of 4 different interventions: a mural that includes multilingual content, living willow artwork, a carved sculpture, and a ringing bell mechanism. A. The City shall pay the Artist for satisfactory completion of the project in the total fixed amount of $10,000 for the resident artist's time. This fee shall constitute full compensation for all services to be performed and furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. B. The Artist will use their best efforts to perform the Services in a satisfactory and competent manner. Should the Artist engage any subcontractors in the performance of the Services, the Artist agrees that Artist will cause all such subcontractors to be bound by the terms and conditions of this Agreement. Notwithstanding the foregoing, Artist shall not assign the creative or artistic portions of the Services to another party without the prior consent of the Parks & Recreation Manager or their designee. The Artist agrees to comply with all applicable county, local, state and federal laws, regulations and ordinances regarding performance of work. C. The Artist shall have a budget of up to $9,000 USD available for supplies related to activities and the creation of the project. The Artist will work with the Parks & Recreation Manager or their designee regarding the requisition of supplies and equipment. D. The Artist will have access to Tukwila Parks & Recreation Department facilities and equipment, which shall be coordinated with the Parks & Recreation Manager or their designee. E. The Artist shall coordinate the intended work schedule and event dates with the Parks & Recreation Manager or their designee. F. The Artist will have access to shared office space in the Tukwila Community Center to a) be a presence for City staff; and b) meet as necessary with community members and local artists to gather information, share ideas, and identify and plan activities and events. G. The Artist shall document the progress of the project, including presentations to the Tukwila Arts Commission and Tukwila City Council upon request. EXHIBIT B — PROJECT SCHEDULE, COMPENSATION AND PAYMENTS The scope of the service is divided into tasks with identified activities, deliverables and payments. Task 1: Riverton Creek Community Outreach & materials testing Time Frame: January 1, 2020 — July 31, 2020 Conduct community outreach to develop multilingual content for mural; coordinate with Public Works to determine mural content and plan workflow. Deliverable: Draft mural design, documentation of community outreach and any revisions to proposed scope and budget for Riverton Creek project Payment: $3,000 Task 2: Implement the project Time Frame: August -December 2020 Build the project components as planned / approved in Task 1. Deliverable: Photographic documentation of process and final installation components. Payment: $7,000