HomeMy WebLinkAbout4650
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
.4650
PHOENIX DESIGN
Commissioned Artwork for Art Morken Building
Comm Devel
LEG 12-1
09/11/2007
03/31/2008
02/15/2010
01/01/2010
1% for the Arts
CONTRACT FOR COMMISSIONED ARTWORK
THIS CONTRACT is entered into by and between the CITY OF BREMERTON (the
"City"), having its principal offices at 345 - 6th Street, Suite 600, Bremel1on, Washington and JD
Francis, dba Phoenix Design, (the "Artist") whose principal address is: PO Box 1693, Kingston,
W A 98346.
WHEREAS, Public Art is recognized as a stimulus to the vitality, economy, and culture
of our community, enhancing the quality of life for all citizens because of its public nature; and
WHEREAS, the City Council has established a CITY OF BREMERTON ARTS
COMMISSION, and a One Percent (1 %) for Arts Program pursuant to City of Bremerton
Ordinance #4940; and
WHEREAS, the ARTIST was selected to design, execute, fabricate, transport, and
permanently install a work of art in a public space as designated by the ARTS COMMISSION;
and
WHEREAS, the ARTS COMMISSION desires to contract with the ARTIST for a work
of art; and
WHEREAS, in consideration of the mutual benefits and covenants contained herein, the
CITY and the ARTIST agree as follows:
SECTION 1 SCOPE OF WORK
1.1 A description of the work to be performed by the Artist, including a drawing of the
proposed work, is set forth in Exhibit A: Description of Work and Schedule, which is
attached to the Contract and incorporated by reference.
1.2 The Artist will perform the work set forth and required under this Contract in a
satisfactory and competent manner. Should the Artist employ and subcontract with any
third persons in the performance of this Contract, the Artist agrees that all such third
persons will be bound by the terms and conditions of this Contract.
1.3 The Artist will confer with the Arts Commission and City staff from time to time during
the progress of the work. The Artist will prepare and present status reports and other
information, including but not limited to maquettes, or detailed drawings describing the
progress of the work, that may be pertinent and necessary, or as may be requested by the
Arts Commission or mandated in Exhibit A of this Contract.
SECTION 2 TERM
The City and the Artist agree that work will begin on the tasks described in Exhibit A
immediately upon execution of this Agreement.
Page I of 18
SECTION 3 CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A party may change its
representative upon providing written notice to the other party. The parties' representatives are as
follows:
City's Contract Representative
Pam Ransier
345 - 6th Street, Suite 600
Bremerton, W A 98337
360-473-5202
360-473-5278 (fax)
pam.ransier@ci.bremerton.wa.us
Contractor's Contract Representative
JD Francis
PO Box 1693
Kingston, W A 98346
360-297-6000
franci s @tscnet.com
SECTION 4 COMPENSA TION
4.1 The Artist shall be paid for completed work related to this Contract. Such payment shall
be full compensation for all work performed to complete the work. The payment for the
work shall not exceed $10, 018.35. Payments will be made in accordance with Exhibit B.
4.2 The City shall determine dates of completion for stages of the project as set forth in
Exhibit A. The artist may submit an invoice to the City after each stage is completed.
Subject to the other provisions of the Contract, the City will generally pay such invoice
within 30 days of receiving it. It is understood that the City has no obligation regarding
sales commissions or any agreements with galleries or agents with whom the Artist may
have contracted.
4.3 The Artist will be paid only for work expressly authorized in the Contract.
4.4 The Artist will not be entitled to payment for any services that were performed prior to
the effective date of the Contract or after its termination, unless a provision of the
Contract expressly provides otherwise.
4.5 If the Artist fails to comply with any terms or conditions of this Contract or to provide in
any manner the work agreed to herein, the City may withhold any payment due the Artist
until the City is satisfied that corrective action, as specified by the City, has been
completed. This right is in addition to, and not in lieu of, the City's right to terminate this
Contract.
4.6 In the event that the Artist breaches any of the obligations, terms and conditions of this
Contract, has failed to provide in any manner the work agreed to herein, and if the City
deems said breach to warrant corrective action, the following sequential procedure shall
be followed:
A. The City shall notify the Artist in writing of the nature of the breach;
B. The Artist shall respond in writing within ten (10) working days of his/her receipt
Page 2 of 18
of such notice, and indicate in the response the steps being taken to correct the
specified non-compliance actions constituting breach. The corrective action plan
shall specify the proposed completion date for bringing the Contract into
compliance;
C. The City shall notify the Artist in writing of the City's determination as to the
sufficiency of the Artist's corrective action plan. The determination of sufficiency
of the Artist's corrective action plan shall be at the sole discretion of the City;
D. In the event that either the Artist does not respond or provide a corrective action
plan within ten (10) working days or the Artist's corrective action plan is deemed
to be insufficient, the City may terminate this Contract in whole or in part
pursuant to Section 9 of this Contract;
E. In addition, the City may withhold any payment owed the Artist and/or prohibit
the Artist from incurring additional expenses until the City is satisfied that
corrective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to the Section 9 of this Contract.
4.7 The Contract amount is inclusive of all applicable state and federal taxes including any
Washington State Sales Tax owed by the City as a result of this Contract. It is the
responsibility of the Artist to remit any sales taxes to the Washington State Department of
Revenue.
SECTION 5 AMENDMENTS AND CHANGES IN WORK
5.1 In order to be effective, any Contract renewal, amendment or modification must be in
writing, be signed by both parties and be attached to the Contract. Work under a renewal,
an amendment or a modification may not commence until the renewal, amendment or
modification has been approved by the Arts Commission, as well as the City Council.
5.2 The City may request that the Artist provide additional services beyond those required in
the Scope of Service. These additional services, if performed due to unusual
circumstances outside the Artist's Contract which cause the Artist extra work and
expense, shall be paid for by the City in addition to the agreed upon fee set forth in
paragraph 4.1 above, provided that the Artist first obtains prior authorization of the extra
expense(s) by the City.
SECTION 6 WARRANTY
6.1 The Artist warrants that the work being commissioned is the original product of his/her
own creative efforts.
6.2 The Artist shall be responsible for a period of seven years from the date of installation of
the Artwork for the integrity of the materials and fabrication techniques of the artwork
and the installation. Artist's liability for breach of this warranty shall be limited to the
cost of repairs of the artwork and/or the installation. The responsibility for the
Page 3 of 18
determination of the Artist's liability for faults or defects in the work during the seven-
year period shall be solely that of the City. The Artist is not expected to warrant damages
caused by vandalism, normal wear and tear and natural occurrences such as storms, fires,
floods and earthquake damage.
SECTION 7 HOLD HARMLESS AND INDEMNIFICATION
7.1 The Artist will hold harmless, indemnify and defend the City, its officers, officials,
employees and agents, from and against any and all claims, actions, suits, liability, loss,
expenses, damages and judgments of any nature whatsoever, including reasonable costs
and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of the acts, errors or
omissions of the Artist, its officers, employees or agents in the performance of this
Contract. Provided, however, that the Artist's obligation under this provision will not
extend to injury, sickness, disability, death or damage caused by or arising out of the sole
negligence of the City, its officers, officials, employees or agents. The Artist's duty
extends to the claim by Contractors or any subcontractor's officers, employees or agents.
For the purposes of this indemnification provision, the Artist expressly waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
7.2 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the Artist,
the Artist's employees, agents or subcontractors.
7.3 The provisions of this Section shall survive the termination or expiration of this Contract.
SECTION 8 INSURANCE
8.1 Insurance coverage is not required during the design phase of this contract or while the
Artist is completing work on the artwork in hislher studio. The responsibility for and risk
of damage to or loss of the work during the design phase or while the Artist is completing
work in hislher studio shall be solely that of the Artist. Prior to the commencement of
anyon-site installation or fabrication, the Artist and/or his/her subcontractors shall
purchase and maintain for the duration of anyon-site fabrication and/or installation,
insurance against claims for injuries to persons or damages to property that may arise
from, or in connection with, the performance of work done by the Artist, hislher agents,
representatives, employees, and/or subcontractors. All insurance coverages shall be
approved by the City's Risk Manager.
8.2 The Artist and/or his/her subcontractors shall pay for the costs of the required insurance.
8.3 All insurance policies shall name the City of Bremerton, its officers, officials, employees
and agents as additional insured's as respects liability arising out of activities performed
by or on behalf of the Artist in connection with this Contract.
8.4 Any deductibles or self-insured retentions must be declared to, and approved by, the City.
The deductible and/or self-insured retention of the policies shall not apply to the Artist's
Page 4 of 18
liability to the City and shall be the sole responsibility of the Artist.
8.5 The Artist's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought.
8.6 The Artist's insurance coverage shall be the primary insurance as respect to the City, its
officers, officials, employees, and agents. Any insurance and/or self-insurance
maintained by the City, its officers, officials, employees, or agents shall not contribute to
the Artist's insurance or benefit the Artist in any way.
8.7 The minimum scope and minimum limits of insurance required by this contract are as
follows:
A WORKERS COMPENSATION: Coverage as required by the Industrial Insurance
Act of the State of Washington, Title 51, Revised Code of Washington.
B. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional, such
as structural review or engineering.
C. The Artist will include all subcontractors as insured's under its policies or will
finish separate certificates and endorsements for each subcontractor. All coverage
for subcontractors will be subject to all of the requirements stated in these
provISIons.
D. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they limitations
on indemnification.
E. If the Artist will be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
8.8 Verification of Coverage and Acceptability of Insurers.
A The Artist shall place insurance with insurers licensed to do business in the State
of Washington and having AM. Best Company ratings of no less than A-VII,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
B. The Artist shall furnish the City with properly executed certificates of insurance
or a signed policy endorsement that will clearly evidence all insurance required in
this Section within] 0 days after the effective date of the Contract. The certificate
will, at a minimum, list limits of liability and coverage. The certificate will
provide that the underlying insurance contract may not be materially changed,
canceled, or allowed to expire, except on 30-days' prior written notice to the City.
Page 5 of 18
Any certificate or endorsement limiting or negating the insurer's obligation to
notify the City of cancellation or changes must be amended so as not to negate the
intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable forms of evidence are the
endorsement pages of the policy showing the City as an additional insured.
8.9 Written notice of cancellation or change shall be mailed to the City at the following
address:
Risk Management Division
City of Bremerton Financial Services
345 - 6th Street, Suite 600
Bremerton, W A 98337
8.10 The Artist or hislher broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City of Bremerton' s Risk Manager.
SECTION 9 TERMINA TION
9.1 The City may terminate the Contract in whole or in part whenever the City determines, in
its sole discretion, that such termination is in the best interests of the City. The City may
terminate the Contract upon giving the Artist IO-days' written notice. In that event, the
City will pay the Artist for all costs incurred by the Artist in performing the Contract up
to the date of such notice, subject to the other provisions of the Contract.
9.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any
way after the Contract is signed or becomes effective, the City may summarily terminate
the Contract notwithstanding any other termination provision in the Contract.
Termination under this provision will be effective upon the date specified in the written
notice of termination sent by City to the Artist. No costs incurred after the effective date
of the termination will be paid.
9.3 If the Artist breaches any of its obligations under the Contract, and fails to cure the
breach within 10 days of written notice to do so by the City, the City may terminate the
Contract. In that event, the City will pay the Artist only for the costs of services accepted
by the City. Upon such termination, the City, at its discretion, may obtain performance of
the work elsewhere, and the Artist will bear all costs and expenses incurred by the City in
completing the work and all damages sustained by the City by reason of the Artist's
breach or the City may determine to allow the Artist to refund all moneys paid to him/her
by the City and retain the work, together with any drawings, specifications and models
and all materials and supplies purchased for the work, for hislher own use without
restriction.
SECTION 10 ASSIGNMENT, DELEGATION AND SUBCONTRACTING
10.1 The Artist will perform under the Contract using only its bona fide employees or agents,
and the obligations and duties of the Artist under the Contract will not be assigned,
Page 6 of 18
delegated or subcontracted to any other person or firm without the prior express written
consent of the City.
] 0.2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person,
partnership or firm, other than a bona fide employee working exclusively for Artist, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon
or resulting from the award or making of the Contract.
SECTION 11 INDEPENDENT CONTRACTOR
11.1 The Artist's services will be furnished by the Artist as an independent contractor and not
as an agent, an employee or a servant of the City. The Artist specifically has the right to
direct and control Artist's own activities in providing the agreed services in accordance
with the specifications set out in the Contract. The Artist and/or his/her agents or
employees and/or sub-contractors shall make no claim of career service or civil service
rights which may accrue to a City employee under state or local law.
11.2 The Artist acknowledges that the entire compensation for the Artist is set forth in the
compensation provisions of the Contract and the Artist is not entitled to any City benefits,
including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or
other insurance benefits; fringe benefits; or any other rights or privileges afforded to City
employees.
11.3 The Artist will have and maintain complete responsibility and control over all of its
subcontractors, employees, agents and representatives. No subcontractor, employee,
agent or representative of the Artist will be or be deemed to be, or act or purport to act, as
an employee, agent or representative of the City.
11.4 The City assumes no responsibility for the payment of any compensation, wages,
benefits, or state and/or federal taxes by, or on behalf of, the Artist. The Artist shall
protect, indemnify and hold harmless the City its officials, officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring
or resulting from:
A. The Artist's failure to pay any compensation, wages, benefits, or taxes; and/or
B. The Artist's receipt of work, services, materials, or supplies from the Artist's
employees, suppliers or sub-contractors in connection with or support of the
Artist's performance of services contracted for herein.
11.5 The Artist further agrees that he/she is financially responsible for and will repay the City
all indicated amounts following an audit which occurs due to the negligence, intentional
act and/or failure for any reason to comply with the terms of this contract by the Artist,
his/her employees, or agents. The Artist's obligation to repay the City shall not be
diminished or extinguished by the prior termination of the contract pursuant to the terms
of this Contract.
Page 7 of ] 8
SECTION 12 NONDISCRIMINATION
The Artist, its assignees, delegates or subcontractors will not discriminate against any person in
performance of any of its obligations under the Contract on the basis of race, color, creed,
religion, national origin, age, sex, sexual orientation, marital status, veteran status or the presence
of any disability.
SECTION 13 OWNERSHIP OF MA TERIALS/WORKS PRODUCED
13.1 Ownership of the work under this Contract shall transfer to the City upon completion of
the work and final payment is made to the Artist pursuant to Exhibit B.
13.2 The Artist and City agree that any proposal to alter, modify, or otherwise change the
work of the Artist shall be first discussed with the Artist. The City will make a good faith
effort to contact the Artist and obtain written approval to proceed with the proposed
alteration, modification, or change; such approval shall not be unreasonably withheld by
the Artist. If an alteration, modification or change should occur, the Artist reserves the
right to request that the work no longer be represented as the work of the Artist and to
have his/her name removed from any plaque or other identification of the Artwork
provided that the Artist shall make this request to the City in writing.
13.3 The Artist agrees the City will be granted royalty-free the authority to incorporate the
project artwork in construction documents for the purposes of constructing and
completing the project.
13.4 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication. However, the City shall be informed of any publication in
which the Artist intends to display the work.
13.5 The Artist shall register the project and place a copyright notice on or near the project in
the form and manner required to protect copyrights of the project under United States
copyright law. If the copyright is registered with the US Copyright Office, the Artist
shall provide the City's contract administrator with a copy of the application for
registration, the registration number and the effective date of registration. Except as
provided in this Agreement, the Artist retains all copyrights in the project including its
preliminary design and incidental works created for the Project.
13.6 The Artist hereby grants the City permanent, assignable, non-exclusive royalty-free
permission to make, or cause to be made, photographs and other two dimensional
reproductions and models of the project for educational, project awards, public relations,
tourism, arts promotional purposes without payment of a royalty to the Artist. For
purposes of this Agreement, the following are among those deemed to be permissible
reproductions for the above cited purposes: brochures and pamphlets pertaining to the
Engineer and Owner; reproduction in exhibition catalogues, project awards, books, slides,
photographs, postcards, posters, and calendars; in art magazines, art books and art and
news sections of newspapers; in general books and magazines not primarily devoted to
art; slides and film strips; and television. On any and all such reproductions a copyright
of the project under the United States Copyright Law and credit to the Artist will appear.
Page 8 of 18
The Artist agrees that all written references to and reproductions to the project shall
include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts program."
SECTION 14 PATENT/COPYRIGHT INFRINGEMENT
14.1 The Artist will hold harmless, indemnify and defend the City, its officers, officials,
employees and agents, from and against any claimed action, cause or demand brought
against the City, where such action is based on the claim that information supplied or
work performed by the Artist or subcontractor infringes any patent or copyright or other
intellectual property or proprietary right. The Artist will be notified promptly in writing
by the City of any notice of such claim.
14.2 All reproductions made by the City shall contain a credit to the Artist and a copyright
notice substantially in the following form: "Copyright, Artist's name, all rights reserved,
dates", in such a manner and location as shall comply with the U.S. Copyright Laws.
SECTION 15 DISPUTES
Differences, disputes and disagreements between the Artist and the City arising under or out of
the Contract will be brought to the attention of the City at the earliest possible time so that the
matter may be settled or other appropriate action promptly taken. The City's contract
representative or designee will decide any dispute relating to the quality or acceptability of
performance or compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 16 TECHNICAL AND MAINTENANCE RECORD
Upon completion of the work, the Artist will provide to the City a technical and maintenance
record for the work. Such information shall set forth the specifications necessary for the City to
care for and maintain the work. The technical and maintenance records shall be incorporated
into this Contract as though set forth fully herein.
SECTION 17 REPAIRS AND MAINTENANCE
17.1 The City recognizes that normal maintenance of the work will involve simple procedures
as set forth in technical and maintenance record provided by the Artist and that such
maintenance on a regular basis is essential to the integrity of the work. The City is
responsible for all routine maintenance required on a periodic basis as specified by the
Artist.
17.2 The City shall be responsible for making all necessary repairs and restorations of the
work unless other provisions of this Contract apply. However, the City's responsibility
for repairs and restoration of the work is contingent upon receipt of adequate
appropriations for this purpose.
17.3 Where possible, the Artist shall be consulted as to his/her recommendations regarding
repairs and restorations being made. To the extent practicable and in accordance with
Page 9 of 1 8
accepted principles of professional conservation, the Artist shall be given the opportunity
to accomplish repairs and restorations and shall be paid a reasonable fee for the services.
SECTION 18 CHANGES/ALTERATIONS/DESTRUCTION
18.1 The City shall notify the Artist of any proposed alteration of the site or adjoining areas
that would affect the intended character and appearance of the work and shall consult the
Artist in the planning of any alteration.
18.2 Because the installation of the work may subject the work to future destruction,
distortion, mutilation, or other modification by reason of its removal, the Artist waives
any and all rights the Artist has under the Copyright Act of 1976,17 U.S.c. S 101, et seq.
SECTION 19. MISCELLANEOUS
19.1 Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of
any provisions of the Contract, does not constitute a waiver of such provision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of the Contract at a later time.
19.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees
(including licensing fees) and other amounts.
19.3 Personnel Removal. The Contractor agrees to remove immediately any of its
subcontractors, employees, agents or representatives from assignment to perform services
under the Contract upon receipt of a written request to do so from the City's contract
representative or designee.
19.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and local laws, rules and
regulations in their performance under the Contract.
19.5 Records. The Artist and/or his/her subcontractors, shall maintain records in accordance
with generally accepted accounting procedures and other evidence of all expenses
incurred in the performance of this contract. The City and/or Federal/State officials shall,
for the purpose of examination and audit, have access to and be permitted to inspect such
records and other evidence of costs and expenses charged to the City and/or incurred for
the Artwork for a period of six (6) years after termination of contract.
19.6 Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
If any provision of the Contract conflicts with any statutory provision of the State of
Washington, the provision will be deemed inoperative to the extent of the conflict or
modified to conform to statutory requirements.
19.7 Entire Agreement. The parties acknowledge that the Contract is the complete expression
of their agreement regarding the subject matter of the contract. Any oral or written
Page 10 of 18
representations or understandings not incorporated in the Contract are specifically
excluded.
19.8 Notices. Any notices will be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out in
the contract representatives provision of the Contract. Notice may also be given by
facsimile with the original to follow by regular mail. Notice will be deemed to be given
three days following the date of mailing, or immediately if personally served. For service
by facsimile, service will be effective at the beginning of the next working day.
19.9 Choice of Law and Venue. This Agreement shall be interpreted according to the laws of
the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
DATED this II dayStJ71 ,200)::
DATED this (p ~ day ~~t. ,2001.
:~p~
(Signature)
Print Name: JftME5 f), f12/1/J05
Title: /J!2-7ts 7
N
~BRE
'----.
By: Ca y\.-I 'boUrYlO/n
Its: K tlA1 0 y
Page 11 of 18
EXHIBIT A: DESCRIPTION OF SERVICES AND SCHEDULE
***************************
CONTRACT FOR COMMISSIONED ARTWORK
JD Francis, dba Phoenix Design, (the "Artist") and City of Bremerton, (the "City")
mutually agree that the Artist create artwork for the Art Morken Law Enforcement
Building (the "Project"). The Artist will be expected to coordinate the fabrication and
installation of the artwork with the Arts Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and creativity of
the Artist. The Artist, therefore, shall not assign the creative or artistic portions of the
work to another party without the consent of the City.
The Artist shall:
. Notify the Arts Commission if a significant change occurs in the scope, material,
design or siting of the work subsequent to preliminary design approval, and
submit the proposed changes for review prior to implementing the changes.
. Warrant that the work is an original product of his/her own creative effort.
. Guarantee the integrity of the materials and fabrication and installation techniques
for a period of seven years after installation.
. Specify the limit of the edition if an artwork is selected which can be reproduced
as an edition.
. Notify City of Bremerton's Arts Commission staff of any changes of address
during the project and following completion of the project for as long as the City
shall own the artwork.
. Provide regular reports to the Arts Commission as to the status of the project
during the construction phase. The Artist will allow for studio visits from the
Arts Commission as requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of:
1) One carved and cast glass art piece, 43" by 63" in size, replicating the City of
Bremerton Police badge.
B. The total budget shall not exceed $10,018.35 for the fabrication and installation of the
artwork. An approved budget is attached as part of this contract. The Artist shall provide
aU labor and materials necessary to produce and complete a finished work of art; delivery
Page 12 of 18
of artwork; and installation of the artwork.
C. In the event that the Artist must make changes to the design during construction; the
Artist shall present any significant changes in the scope, design, character or medium of
the project to the City for approval. Significant aesthetic changes must be approved by
the Arts Commission.
D. The Artist shall work in coordination with the Arts Commission, Arts Commission
staff, and the Chief of Police during the site installation for the exact placement of the
artwork.
E. The Artist will provide information to the City regarding materials and finishes to be
used in the creation of the artworks. Substitutions may be requested by the City in the
event that the proposed materials do not comply with health and safety issues, ADA
requirements or fire code ratings.
F. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by the Arts
Commission.
2. Provide photographic documentation of the artwork at the completion of the
project. Supply high resolution color digital (JPEG) images on a compact
disk (CD).
3. Submit a maintenance report for the project to the Arts Commission staff.
The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project in the
form and manner required to protect copyrights of the project under United
States copyright law. If the copyright is registered with the US Copyright
Office, the Artist shall provide the City's contract administrator with a copy of
the application for registration, the registration number and the effective date
of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project
5. Submit an Artist's statement concerning the artwork purchased under this
agreement; and
6. Submit the Artist's professional resume.
Page 13 of 18
(~,
,-......\
".. .I
LETfeRIN6 As
KILO $lea SET
o tJe(L 0cJtSS
c.o~ 6<.1t?5
-------..
ET~ED L.ET1Efl~
l2At~ev ftO.€A
Or 'BM$S
c..o~-O 0c.JrS5
,
EIT(!,HeD / MAt26
caw{teD
6TatteD
f.A.€DAt-IOt..J
0311
P~NAp..Y U)"!6R
o p (1 c..Pr:S
ttJ p,^"IINLaJ\
~ ((... v €P....
4 /I
-.------ --~_._-----
//////////// ////"//// /
- c..~>.s $E~'Tl61{-
foi~(.. ~ElU~l1
se~'1 6L1lSS
LA"'fef2,. nJ 'B l2A$S
- PrLt~p.'{ ~eo
(:H.J'rS'5 LAvt e fl.
I tJ ~t(..." 6R
oS. s-r e-e-L-
f)E"ifL -
fV\OlA)} T
J
r-'\
I. I
.'~';. :,: '.,.~ . - 0,
r"-' ~;..:::::~ ,~:~~~ ~ :..'
lr
----.;-.
-
-7-
-;
/
kf311
e:tLAsS
I Ns€p-TS
J N"(e)
ge~
~ L.c4-S
NtAT$ .
L~)
II)
~/ .~ -"
1
I
I
// BE&eL
~ ,Mt'VtlJT
0311
viA u-
AAGf{?~5
)
l!-(,e-AT5
C!-)
-t--2f~
STeEL t:!-I-eATs &-)
~El/t3 L..oe..~
EXHIBIT B: COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $10,018.35 for the scope of work included in this
contract. The payments will be made as follows:
1. $3,339.45 upon activation of the contract for the purchase of materials.
2. $3,339.45 (upon 50% completion of studio fabrication), no later than
December 31, 2007.
3. $3,339.45 upon completion of installation and final acceptance of the artwork,
no later than March 31, 2008
At each fee/fabrication milestone outlined above, the Artist will submit a brief written
report, which describes project progress to date. The Artist should submit samples of
materials if they are available.
All Invoices should be mailed or delivered to:
Pam Ransier, Clerk
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, W A 98337
The Artist will submit the final invoice and other documents as are required by this
Contract within sixty (60) days of completion of the Scope of Service. Unless waived by
the City in writing, failure by the Artist to submit the final invoice and required
documents will relieve the City from any and all liability for payment to the Artist for the
amount set forth in such invoice or in any subsequent invoice.
Page I7 of 18
. .
r-~~
(.> '.
/---
POLICE FACILITY GLASS PROJEC'T QUOTE
--'"~~-~
<~RHOENIX DESIG~~
ART . G l ASS
~
26006 Barber Cut-Off Rd PO Box 1693 Kingston WA 98346 360-297-6000 phone/fox francis@tscnet.com
Business Name: Bremerton Arts Commission IPO# I Date: April 26, 2007
Bremerton, Washington
Name: City of Bremerton Police Facility
AdJress: 1025 Burwell Street
City, State, Zip: Bremerton, W A
phone: Contact: Pam Ransier @ 360.473-5202 Cell: Fax:
QUANITY DESCRIPTION AMOUNT
,
i
Proposal to design, manufacture, and install an art glass project at ,
,
,
,
,
the Bremerton Police Facility consistin~ of the followin~: i
, !
Location: Exterior Entrance Wall I
!
Desi~n an assembly of carved and cast 3/8" plate glass using ,
,
,
,
,
Silvered backin~. Panel size is approx. 43" x 63" ,
,
,
,
,
Replicate the silvered portion of the Police Bad~e I
I
Desi~n an overlay ~lass assembly using various formed and !
:
Etched colored glass elements. i
These various elements replicate artistically the other f
Badge elements shown I
I
I
Attach Waterjet-cut Metal Lettering elements in raised profile i
NOTE: wording as specified by the Client .
.
,
Fabricate a Stainless Steel Bezel Mount and steel cleats ,
,
,
,
,
To mount final assembly to wall !
,
i
Delivery and Installation included in this price I
i
!
Sub.Total: $ 9,225. 100
Tax: 793. I 35
Total: $ 10,018. I 35
,
1
Subject to mutual acceptance of Arts Commission contract
Approved By
Than1 you