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HomeMy WebLinkAbout21-097 - Urban Artworks - Arts in the Park: Public Mural ProgramCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-097 Council Approval N/A CONTRACT FOR SERVICES 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 Urban Artworks , hereinafter referred to as "the Contractor," whose principal office is located at 815 Seattle Blvd S Suite B7, Seattle, WA 98134 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: " g • . 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 hi 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. gomnensation 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 17,000 at a rate of 17,000 '1 3. 3. Contractor Budget. 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 May 12 , 2021 , and ending August 15 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. . 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. m - of m 11 CA Revised May 2020 Page 1 of 4 Should courtof competent jurisdiction deterrnine 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. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claifor i the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Sof Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1 Automobile Liability insurance with a minimum combined single limit for bodily injury damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form coverage.providing equivalent liability K necessary, the poUcyshall beendorsed 10provide oonUantoaiNabihtycoverage. � 2. Commercial General Liability insurance with limits nokase1hen$2"OOO'OQ 0 e ach occur na nc e '$2,OOO,O0Ogenena/eggnagobsmnd$2,OOO.O0Opnoducto-oonp|-^~~op~nmtionsaggmeQate|in/t.Conneroia;[enena|Liabi|itvinsunenneshoUboao|east^~ broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,independent contractors, products -completed operations, o1PpgapQmbi|ih~,-'-~^m/''vurymndodvertia|ngin,ory. and Iiability assumed under an insured contract.The Commercial General LiahUib/inounanoemhaDbwmmdoreedtupruv|daaperp'eot~ ral aggregate limit using ISO formCG25O3D5O9oranequiva/en1endonaement. e-hoUbenoexc|ueionfor|iobiUtvahsingfrongnp|noion' collapse or underground property damage. The City shall be named Th re as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement ~~2O371OQ1 orsoboUtutomndoroenentsproVid/ngat1omotmsbnzaduuvenaga. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public AvailabilityEntity Full of Contractor Limits. Ifthe Contractor maintains higher insurance Iimits than the rriinimums shownabove, the Publlc Entity shaJi be insured for the full available Iimits ofCommercial General and Excess orUmbrella liability maintained bythe Cmntngctori�espec1ive mfvVhethersuch Urnitsnna|ntm[nmdbythe C�ontmactorare greater than those roquinmdby'his Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability [OvverthanthosemnaintginedbytbeC�oobmcto� C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to non1ain, or be endorsed to contain that they shall be primary with|nmoranon respect to the City.� Any insurance, self-insurance, ~ nau � r insurance pool coverage maintained by the Citysho/| be excess of�he Contractor's i it insurance and shall notcon�ri�u1evv�h D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Besrating of'-'-----'' ^^'' CA Revised May 2020 Page 2 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 1-1. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. 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. 9. 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. 10. 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. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Qiscrimination 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. 12. 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. 1 - - • 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, CA Revised May 2020 Page 3 of 4 14. Severabilitv 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. 15. 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. 16. Applicable Law: Venue: Attorney's Fee. 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 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. DATED this Z 1 day of TVW41.0. , 201. CITY OF TUKWILA CONTRACTOR By: 'West 12e Printed Name and Title: Bivi RD 1 Lead Address: BIT cap14le.. TIv�ISB7 64,4tt4, 18 13 CA Revised May 2020 Page 4 of 4 Arts in Parks, Pubhc ['[U��| Program �� . . ° Tukwila Parks and Recreation & Urban Artworks nuayZU2l Exhibit A Arts in the Parksa public mural program, will improve the visual vibrancy, connection, and interest to Tukwila's beautiful parks system. The project includes seven wail -mounted murals, two large murals on a cement wall, one ground murat, and ten art mesh banners. Art will be installed in five Tukwiia parks, and banners wili rotate from park to park over time. All Art will be praduced and iristalled over the summer of 2021. Amount: S17,000 Urban Artworks will provide: • Craft call for Art to participate in Art iri Parks Prograrn Summ;er 2021 • Create form/intake submissiori for call for Art • Facilitate panel with stakeholders from Tukwila Parks and community to review art proposals " Provide all tools, labor, materials, PPE, etc. to establish and maintain a safe job site at all times • Release CaH for Art early May and contract all artists by June 21 ° Pay all artists involved for applicable work Client Agreement • Provide supervirsion and insurance for alt artists under Urbani ArtWorks • Run communication to artists and city staff • Record and document the art process with social media, press releases, and video Tukwila Parks will provide m WalIs or areas to install artwork = Promote Call for Art • Review "Call for Art" and sit on the panel of stakehoiders ° Parks staff will install MDO boards with direction and supplies from Urban ArtWorks • Maintain Art as directed by Urban ArtWorks for five years ° Parks holds the right to remove any artwork that is vandalized beyond repair ° Parks staff will pressure wash Riverton site, Bicentennial cabin, and Crystal Springs large cement wall • Banners installed by parks staff ° Graffiti coating is the responsibility ofTukwila Parks • Pay Urban ArtWorks Arts n the Parks, Public Mural Progra Tukwjla Parks ancJ Recreation & Urban Artworks 5ayJ021 Arts in the Parks, Financial breakdown: Price Type 1,000 $3,000 $3,000 $3500 Site 4x8 MDO Tukwila Park sheet Restroom - 4x8 MDO Bicentennial sheet Park Restroom Cabin ' Bicentennial' windows Park Cabin & Door 3Morab on MDO I sheets Foster Memorial Park Restroom$600 4x8 Crystal Springs MDO Restroom sheet Mural x / Crystal Springs 2 Large Wall Ground Mural $3,500 10 @ $350, Mesh Banners 17,000 Riverton Parking lot - chained nff section Multiple locations $ artist $ UA $600 $325 $600 $325 $850 $150 $600 $600 $325 $ZSO $250 $600 $325 $1250 $250 $1250 $250 $1000 $2800 500 $9450 $4950 Exhibit B Materials Notes $75 Parks will mount ori the brick building facing the playground. $75 Between the restroom doors. $375 $75 Bothsidesandbackskdeoftherestroom. 2 8x8 murals (made out of4x8panels) , 1 @ 4x8 ($60) On the wall facing the parking lot $U $1SOOaside, cement wall splits bas8ctbeU[/tenniscourL 1 day Urban Artworks anslte $500 The pairiting wiU start in August -3 days Urban ArtWorks orisite. Artist fee can increase if they have experience executing this type of rnur& 51500 Printing cost $13S'160=$15UO Art x1Owill get $15O=$15OO UAwill get $5Ofor print prep =$S0O Tukwila Residents preferred but not required $2600 Payment wili be made in full once work is completed, August 15, 2021. Tukwjla Parks and Recreation Project Lead: Olena Perry, Urban Artworks Project Lead: Paul Nunn