HomeMy WebLinkAbout4866Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
� � • •
COMPOSITE CREATIONS
Purchase Sculpture
Comm Devel
LEG 12-1
12/16/2009
09/30/2010
09/Ol/2010
(Jamieson/Race)
Comments :
CONTRACT FOR COMMISSIOPIED ARTIAIORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having its principai
offices at 345 — 6�' Street, Suite 600 and Marion-Lea Jamiesan and Colin Race dba Composite
Creations (the "Artist"} whose principal address is:
3Q54 W 13�' Avenue, Vancouver, BC, V6K 2V2.
Telephone: (604) 739-8531, mjamieson@shaw.ca .
In consideration of the mutual benefits and covenants contained herein, the City and the Artist
agree as foliows:
SECTtON 1. EFFECTIVE DATE OF CONTRACT
The Contract wiN become effective on execution and terminate on installation and final approval.
In no event will the Contract became effective un�ess and until it is approved and executed by the
City Cauncil.
SECTION 2. SERVICES TQ BE PROVlDED
2.1 A description of the services to be performed by the Artist is set forth in Exhibit A: Description
of Services, which is attached to the Contract and incorporated by this reference.
22 The Artist agrees to provide his own lat�or and materials. Unless otherwise provided for in
the Contract, the City will fumish no material, iabor or facilities.
2.3 The Artist will perform the work specified in the Contract according to standard industry
practice.
2.4 The Artist will complete his work in a timely manner and in accordance with the schedule
agreed ta by the parties.
2.5 The Artist will perform the services set forth above and required under this contract in a
satisfactory and competent manner. Shauld the Artist employ and subcontract with any third
persons in the perforrnance of this contract, the Artist agrees that all such third persons wiil be
bound by the terms and conditions of this contract. The Artist agrees to comply with all applicable
city, locai, state and feciera! laws, regulations and ordinances regarding performance of all work
necessary to comptete the services contracted for herein.
2.6 The Artist wiff confer with fhe 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 that
may be perFinent and necessary, or as may be requested by the Arts Commission or mandated in
Exhibit A.
2.7 The City wi(I be responsibie for the construction ofi and materiafs for the installation site, any
right-of-way andlor building permits required, physicaf instailation of the artwork, signage
restricting any person(s) from ciimbing on or disturbing the art in any way, and signage identifying
the artist and piece.
SECTION 3. CONTRACT REPRESENTATNES
The City and #he 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
foliows:
City's Contract Representative:
Pam Bykonen
345b — 6` Street, Suite 600
Sremerton, WA 98337
360-�473-5202
360-473-5278 (fax)
Pam.Bykonen@ci.bremeckon.wa.us
Contractor's Contract Representative:
�1� i'tl r/�N " L.�f} �,�v� l L�dvv
' w �3� �'U�
V/kvv C� vv C..>—�2 r3L ��, ic � ��
� � a-�a A
U 7 .' 3
�^'� j� vv� � e SU ��- S1n.o..v.� • C-Gi
SECTIOId 4. COAtlPENSATIOId
4.1 A description of the campensation to be paid to the Artist is set forth in Exhibit B:
Compensation, which is attached to the Cantract and incorporated by this reference.
4.2. The totai amount payable under the Contract by the City to the Artist in no event will exceed
$7,1 Q0.00.
4.3. The City shal! work with the artist to determine dates of compietion for stages of the project.
The artist may submit an invoice to the City after each stage is completed. Subjec# to the other
provisions of the contract, the City wil! generally pay such an invoice within 30 days of receiving it.
It is understaad that the City has no obligation regarding saEes commissions or any agreements
with galleries or agents with whom tne Artist may have contracted.
4.4 The Artist will be paid onty for work expressly authorized in the Contract.
4.5 The Artist wili not be entitied 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 othe►wise.
4.6 If the Artist fails to comply with any terms or conditions of this contract or ta provide in any
manner the wark or services agreed to herein, the City may withhoEd any payment due the Artist
unti9 the City is satisfied that corrective ac#ion, as specified by the City, has been completed. This
right is in addition to, and not in lieu af, the City's right to terminate this contract.
4.7 In the event that the Artist breaches any of the obligations, terms and condi6ons of this
contract, has faiied to pravide in any manner the work or services agreed to herein, and if the City
deems said breach to warrant correc#ive action, the following sequential procedure shall be
fo{lowed:
1. The City shall notiiy the Artist in writing of the nature of the breach;
2. The Artist shall respond in writing within ten (1 Q) working days of hislher receipt of such
notice, and indicate in the response the steps being #aken to correct the spec�ed non-compliance
actions constituting breach. The correciive action plan shail specify the proposed completion date
for bringing the Contract into compliance;
3. The City shal! and hereafter notify the Rrtist in writing of the City's determination as to
the suff:ciency of the Artist's corrective action plan. The determination of suffic+ency of the Artist's
corrective action plan shail be at the sole discretion af the City;
4. tn the event that either the A�tist does not respond or provide a coRective action plan
within ten (10) working days or the Artist's c�rrective action plan is deemed to be insu�cient, the
City may terminate #his cantract in whole or in part pursuant to the Termination Section;
5. in addi#ion, the City may withhold any payment owed the Artist and/ar prohibit the A�tist
from incurring additional expenses untii the City is satisfied that corrective action has been taken
or completed; and
6. Nothing herein shall be deemed to afFect or waive any rights the parties may have
pu�suant to the Tem�ination Section.
4.8 The contract amount is inciusive of all applicable state and federa! taxes +nciuding any
Washington State Sales Tax owed by the Cit}r 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.
SECTIQN 5. AMENDMENTS AND CHANGES IN WQRK - WARRANTIES
5.1. The Artist warrants that the design or work being commissioned is the original product flf
his/her own creative efforts.
5.2. The Artist shall be responsible for a period of one year from the date of installation ofi the
Artwork far #he integrity af the materials and fabricatian techniques of the artwark and the
installation. Artist's liability for breach of this war�anty shaN be fimited to the cost of repairs af the
artworic and/or the installation. The responsibility for the determination af the Artist's liability for
faults or defects in the work during the one-year period sha11 be salely that of the Gity. The Artist is
not expecked to warrant damages caused by vandafism, accidents, nc�rmal wear and tear and
natural occurrences such as storrns, fires, floods and earthquake damage.
5.3 In order to be effective, any Contract renewal, amendment or modificatian must be in writing,
be signed by both parties and be attached ta the Contract. Wark under a renewal, an amendment
or a modifica6on may not commence until the renewal, amendment or modification has been
approved by the Arts Commission, as weli as the City Councii, and has become effective.
5.4 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 unusua! circumstances outside
the ArtisYs contract which cause the Artist extra work and expense, shall be paid for by the City in
addition to the agreed upan fee set farth in paragraph 42 above, provided that the Artist first
obtains prior authorization of the extra expense{s) by the City.
SECTIOW 6, HOLD HARMLESS AAID IIdDEAfENEFICATiON
6.1 The Artist will hold harmless, indemnify and defend the Gity, its officers, officials, employees
and agents, from and against any and all claims, actions, suits, liabifity, doss, expenses, damages
and judgments of any nature whatsoever, including reasonabfe costs and attameys' fees in
defense thereof, for injury, sickness, disability ar death to persons or damage to property ar
business, caused by or arising out of the acts, errors or omissions of the A�tist, its officers,
employees ar agents in the performance of the Contract. Provided, however, that the ArtisYs
ob(igation under this provision wil! not extend to injury, sickness, disabifity, death ar damage
caused by or arising out of the sale 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,
empioyees or agents. For the purposes of this indemnification provision, the Artist expressly
waives its immunity under Title 51 (lndustria! Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutuaily negotiated by the parties.
62 Provisions of this section shall survive the expiration or termination of this agreement.
6.3 The Artis#'s ob{igatians under these provisions include, but are not limited #o, inves#igating,
adjusting and defending all claims alleging loss from action, error or omissian, or breach of any
common faw, statutory or other delegated duty by the Artist, the ArtisYs empioyees, agents or
subcantractors,
SECTION 7. fNSURA1dCE
7.1. Commercial Liabi(ity Insu�ance covePage is not required during the design phase of this
cantract or whiie the Artist is completing work on the ariwork in hislher studio. Priar to the
commencement of any on-site fabrication, the Artist and/or hisfher subcontractors shall purchase
and maintain for the duration of any on-site fabrication, commercial liability insurance +n the
amount of $1,000,000.00 against claims for inj�ries to persons or damages to property that may
arise from, or in connection uvith, the per#armance of work done by the Artist, his/her agents,
representatives, employees, andfor subcontractors
A. The Artist and/or his/her subcontractors shall pay for the costs of the required insurance.
8. A!I insurance policies shall name the City of B�emerton, its officers, officials, emplayees
and agents as additional insureds as respects liability arising out of activities performed by or
on behalf of the Artist in connection with this Contract.
C. Any deductiblss or self-insured retentions must be declared to, and approved by, the City.
The deduc6ble and/or self-insured retentian af the poiicies shall not apply to the Artist's liability
to the City and shall be the sole responsibility of the Artist.
D. The Artist's insurance shall apply separateiy to each insured against whom claim is made
and/or lawsuit is brought.
E. The Artist's insurance coverage shall be the primary insurance as respect ta the City, its
officers, o�cials, employees, and agents. Any insurance andlor self-insurance maintained by
the City, its officers, officials, employees, or agents sha{I not contribute to the Artist's
insurance or benefit the Artist in any way.
7.2 WURKERS COMPENSATION: Coverage as requirec4 by the Induskriai Insurance Act of the
State of Washington, Title 51, Revised Code of Washington.
7.3 PROFESSiONAL LlABILITY: Visuai A►lists do NOT require professiona! liabiiity insu�ance.
However, in the event that services delivered as a part of this contract require professional
services, Professional LiabiFity, Errors and Omission coverage shali be provided. "Professional
Services", far the purpose of this contract section shall mean any services pravided by a licensed
professianal, such as structural review or engineering.
7.4 The Artist wili include ali subcontractors as insured's under its policies or will fumish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors will be
subject to all of the requirements stated in these provisions.
7.5 The insurance limits mandated for any ins�rance coverage required by the
Contract are not intended to be an indication of exposure, nor are they limitations on
indemnification.
7.6 Verification of Coverage and Acceptability of Insurers:
A. If the Artist performs any on fabrication, the Artist shall place insurance with
insurers licensed to da business in the State of Washington and having A.M. 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 fiability ar gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
B. If the Artist pert'orms any on-site fabrication, the Artist shall fumish the City with
properiy executed certificates of insurance or a signed policy endorsement that wiil
clearly evidence alf insurance required in this Section within 10 days after the effective
date of the Contract. The certificates will, at a minimum, list limits of liability and
coverage. The certificate will provide that the underlying insurance contract may not
be materialfy changed, canceled, or allowed to expire, except on 30-ciays' prior written
notice ta the City. 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 ta
negate the intent af this provision.
C. If the Artist performs any on-site fabrication the Artist shall fumish 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.
D. Written notice of canceliation or change shall be mailed to the City at the following
address:
Risk Management Division
City of Bremerton Legal Department
345 — 6"' Street, Suite 600
Bremerton, WA 98337
E. If the Artist perFarms any on-site fabrication, the Artist or hislher broker shall provide a
copy of aif insurance policies specified in the Contract upon rsquest of the City of Bremerton
Risk Manager.
SECTiON 8. TERR�INATION
$.1 The City may terminate the Cantract in whole ar in part whenever the City determines, in its
soie discretion, which such termination is in the best interests of the City. The City may terminate
the Contract upon giving the Contractor 1Q-days' written notice. In that event, the Gity will pay the
Contractor for all costs incurred by the Contractor in performing the Contract up ta the date of
such notice, subject to the other provisions of the Contract.
8.2 If funding for the underiying project or matter is withdrawn, reduced or limited in any way
after the Contract is signed or becomes effective, the City may sumrnarily terminate the Contract
notwithstanding any ather 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_
8.3 If the Artist breaches any of its obligations under the Contract, and fails to cure the breach
within 10 days of written natice to da so by the City, the Gity may terminate the Contraet. In that
event, the City will pay the Artist only for the costs of services accepted by the City. Upon such
termination, the City, af its discretion, may obtain performance of the work elsewhere, and the
Artist wili bear ali costs and expenses incurred by the City in completing the work and all damages
sustained by the City by reason of the ArtisYs breach.
SECTfON 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Artist will perform under the Contract using only its bona fide employees or agents, and
the abligations and duties of the Artist under the Contract will not be assigned, delegated or
subcontracted to any other person or firm without the prior express written consent ofi the City.
92 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, pereentags, brokerage fee, gift or other consideration contingsnt upor� or resulting
fram the award or making of the Contract.
SECTION 10. lNDEPENDENT CONTRACTOR
10.1 The ArtisYs services will be fumished 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 ArtisYs own activities in praviding 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
emplayee under state or local law.
1 �.2 The A�tist acknowledges that the entire compensation for the Artist is set forth in the
compensation provisions of the Contract and the Artist is not entitied to any City benefits,
including, but not limited to: vacation pay; holiday pay; sick feave pay; medicai, dental or other
insurance benefits; fringe benefits; or any other rights or privileges afforded to City employees.
10.3 The Artist will have and maintain complete responsibility and control over all of its
subcontractors, empfoyess, agents and representatives. Na subcontractor, employee, agent or
representative of the Artist will be or be deemed to be, or act or purport to act, as an emplayee,
agent or representative of the City.
10.4 The City assumes no responsibiiity for the payment of any compensation, wages, benefits, ar
state and/or federal taxes by, or on behaif of, the Artist. The Artist sha1P protect, indemnify and
hold harmless the City its officials, officers, agents, and emplayees from and against any and all
claims, costs, andlor losses whatsoever occumng or resulting from
1) The ArtisYs faifure to pay any compensation, wages, benefits, or taxes; andJor
2) The ArtisYs receipt of work, services, materials, or supplies from the ArEist's employees,
suppliers or sub-contractors in connection with or support of the Artisi's performance of
services contracted for herein.
10.5 The Artist further agrees that helshe is financially responsible for and will repay the City all
indicated amounts fo!lowing an audit which occurs due to the negligence, intentianal act andJor
failure for any reason to comply writh the terms of this contract by the Artist, his/her employees, nr
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 Duration of Cantract, o� the Termination Section.
SECTit?N 11. MOIdDlSCRIMIPIATiON
11.1 The Artist, its assignees, deiegates 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, marital status, sexual arien#ation, veteran status or the
presence of any disability.
SECTlOtd 12. OWNERSHlP OF MATERIALSlVlIORKS PRODUCEQ
12.1. 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 wil! make a good faith effort to contact
the Artist and obtain written approval to proceeci with the proposed alteration, modification, or
change; such approval shal! not be unreasonably withheld by the Artist. If an aiteration,
morJification or change should occur, the Artist reserves the right to request that the work no
longer be represented as the worlc of the Artist and to have his/her name removed irom any
pfaque or other idenEification of the Artwork provided that the Artist shall make this request to the
City in writing.
12.2 The Artist agrees the City wiil be granted royaity-free the autharity to incorpora#e the project
artworlc in construction documents for the purposes of canstn�cting and completing the project.
12.3 The Artist shail have the right to photograph, or contract to have the project photographed,
during and upan campletion of canstruc6an and to provide these photagraphs for publica6on_
12.4 If the Artist chaoses to register the project and a capyright is registered with the US
Copyright Office, the Artist shal3 provide the City's contract administrator with a copy of the
appiication far registration, the registration number and the effective date af registration. Except
as provided in this Agreement, the Artist retains aU copyrights in the project inciuding its
preliminary design and incidental works created for the Project.
12.5 The Artis! 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 p�oject for educationaf, project awards, public relations, tourism, arts
prornotional purposes without payment of a royalty to the Artist. For purposes of this Agreement,
the foAowing are among #hase deamed to be pennissible reproductions far the above cited
purposes: brochures and pamphiets perta+ning to the Engineer and Owner; repraduction in
exhibition catalogues, project awards, books, slides, photographs, postcards, posters, and
calendars; in art magazines, art bcwks 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 credit to the Artist will appear. The Artist agrees that all written
references to and repraductions of the project shali include the Arlist's name, the title of the work,
and the following credit line:
"This project uras sponsored by the City of Bremerkan's 1°lo For Arts program.°
SECTION 13. PATEPIT/COPYRIGHT INFRINGEMENT
13.1 The Artist will hold harmless, indemnifjr and defend the City, its officers, officials, employees
and agents, from and against any cfaimed action, cause or demand brought against the City,
where such action is based on the claim that information suppiied or work perFormed by the Artist
or subcantractar infringes any patent or copyright or other intellectual property or proprietary righ#.
The Artist wil! be notified promptly in writing by the City of any notice of such claim.
SECTtOW 14. DISPUTES
14.1 Differences, disputes and disagreements between the Artist and the City arising under or out
of the Contract wiil be brought to the attention of the Gity at the earliest possible time so that the
matter rrtay be settled or other appropriate action promptly taken. The City's contract
representative ar designee wili decide any dispute relating to the quality or acceptability of
performance ar compensation due the Artist. All rulings, arders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 15. �YIISCELLQNEOUS
15.1 Na Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of
any provisions af the Contract, does not constitute a waiver of such pravision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions of the
Contract at a later time.
15.2 Tax Payments. The Contractor wiil pay all applicabie federaf, state and locai taxes, fees
(including licensing fees) and other amounts.
15.3 Personnel Removal. The Contractar agrees to remove immediately any af its
subcontractors, empioyees, agents or representatives from assignment to perform services under
the Cantract upon receipt of a uvriiten request to do so from the G+ty's contract representative or
designee.
15.4 Lega! Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and locai laws, rules and regulations
in their performance under the Contract.
15.5 The Artist and/or his/her subcantractors, shall maintain recards in accardance with generally
accepted accounting procedures and other evidence of all expenses incurred in the performancs
of this contract. The City and/or FederaUState officials shaii, 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.
15.6 Severability. if a court of competent jurisdiction holds any provision of the Contract to be
ille�ai, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not
be affeeted, 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. !f any provision ofi the Contract
conflicts with any statutory provision of the State of Washingtan, the provision wilf be deemed
inoperative to the extent af the conflict or modified to conform to siatutory requirements.
15.7 Entire Agreement. The parties acknowledge that the Contract is the compiete expression of
their agreement regarding the subject matter of the contrac#. Any oral or written representations or
understandings nat incorporated in the Contract are specifically excluded.
15.8 Notices. Any notices will be effective if personally served upon the other party or if rnailed by
registered or certified mail, retum receipt requested, to the addresses set out in the contract
representative's provision of the Contract. Notice may also be given by facsimile with the originat
to fallow by regular mail. Notice wil! be deemed to be given three days #ollowing the date of
ma+iing, or immediately if �ersonally served. For service by facsimils, service will be effective at
the beginning of the next woricing day.
ARTIST
� l'/w..�` �� ({� �
(Signature)
�J�2 G.Uvv��DS �TL ��A�
BY� Vt�,CkVLlcnti- '�--L !� .S� I L� G'tti
IYS:
.,. ;.::��/,
I����
i • ►� s
�
Date: YV d�} � a i a00 �
Re ived for lin • �
� �
City Gle
It'S: �i 1� L'�t71� L� F�VVI✓iM.LI'tl � �fiV
Date: �'�- � � l,� � D ��
EXHlBlT A: DESCRtPTlON OF SERVICES
�;***.�#*�.�,�.�#tt,�#*�;�
CONTRACT FOR COMMtSSIONED ARTWORK
Marion-Lea Jamieson and Colin Race dba Composite Creations (the "Artist") and City of
Bremerton, (the "City") mutually agree that the Artist create artworlc for the "Scufpture on Pacific
Avenue° (the "Project"). The Artist wiil be expected to coordinate the fabrication and instailation of
the artwork with the Arts Commission Staff.
The Artist agrees that an essential element of this agreement is the skiil and creativity of the
Artist. The Artist, therefore, sha{I not assign the creative ar artistic portians of the worlc to another
parry without the consent of the City,
Design and proposal development has besn completed by the Artist under a separate contraci.
Issuance of this contract wili be considered notice to praceed ta fabrication and implementation of
the appraved design.
The Afist shall:
• Notify the Arts Commission if a significant change occurs in the scope, ma#erial, design or
siting of the work subsequent to p�e6iminary design appraval, 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.
• Guaran#ee the integrity of the materials and fabrication and installation #echniques for a
period of one year after installation.
• Specify the limit of the edition if an artwork is selected which can be reproduced as an
edition.
• Notity Gity of 8remerton's Arts Commission staff of any changes of address during the
project and foilowing completion of the project for as long as the City shal! own #he
aitwork.
• Provide regular reports to the Arts Commission as to the s#atus af the project during the
construction phase. The Artist wili aliow for studio visits from the Arts Commission as
requested by Arts Commission staff.
lmpfementatio� � fabrication
A. The artwork will consist of: See attached proposai from a�tist.
8. The total budget shall not exceed $7,100.Q0 for the fabrication and delivery af the artwork. An
approved budget is attached as part of this contract. The Afist shall provide alf iabar and
materials necessary to produce and complete a finished work of art and delivery of artwork.
C. The artwork must be completed in accordance with the construction schedule. The estimated
completion date is June 30, 2010. This date may be amended by mutual agreement of the Artis#
and the City.
1. The Artist shall be responsible for campletion of fabrication and delivery ofi the artwork
in accardance with the agreed upon scheduie. The Artisf will seek out reguiar updates
fram the Arts Commission Staff regarding the schedule #or campletion and instailatian
of the artwork.
2. The Artist shail coordinate the schedule for implementation and campletian of ail studio
fabrication with the Arts Commission staff.
3. The Artist shall coordinate all activities necessary for deiivery and implementation of
any an-site fabrication uvith Arts Commission staff. Artists and their sub-contractors
must comply with all provisions provided by the Arts Commission staff or the Public
Works Manager for working within the praject areas.
D. {n 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 ba approved by the Arts Commission.
E. In the event that the City must make changes to the desegnated artworic site during
construction, the Artist wiil be �otified immediately af the p�oposed changes. The Arts
Commission staff and Project Manager wiil work with the Artist to find means of mitigating any
negative impacts to the art projects. Any changes required of ihe Artist shali require a written
change order and the increased cost of such change order in Artist's iabor and materials shaN be
added to the contract amount.
F. The Artist will provide information to the City regarding materials and finishes to be used in the
creatian of the artworks. Substitutions may be requested by the City in the event that the
proposed materia[s do not cQmply with health and safety issues, ADA requirements or fre code
ratings.
G. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the a►lwork as requested by Arts Commission
stafi�.
2. Pravide photographic documentation of the artwo�lc at the complefion of the project.
Photographic documentatian will be submitted in the form of one (1 j biack and white
8'x10" photagraph and five {5) digital color images on a compact disk (CD}.
3. Submit a maintenance report for the project to the Arts Cammission stafF. The report
wil! pravide detaiied instructions regarding routine and extraord'+nary maintenance of the
artwo�ic, including specifications fo� any replaceable units or specialty fabricated parts
such as tiles, grates, grouts, paint colors, or other surface finishes, plantings, or muitiple-
cast elements.
4. Submit an Artist's statement conceming the arlwo�lc purchased under this agreement;
and
4. Submit the A�tisYs professional resume.
COMPOSITE CREATIONS
Exhibit A
M011IFICATIONS TO DESIGN OF SCULPTURE
��ANIMA�� FOR IMPROVED STRENGTH, EASE
DIMENSIONS: G3�� H X ES�� W X C7O��D
CK
L
ip
c�i
OP MAINTENANCE AND FORM
Composite Creations Sculpture Project Anima
Scope of Work
la►ctivity
Design
create 1" = 6" scale maquette
cut full-scale templates for cutting steel
FabricatBon
plasma cut steel
clean & wire brush steel in preparation for welding
weld steel in place
grind welds
wire brush surface in preparation for clear coat
clear coat all surfaces to prevent rust & graffiti
Shipping from Vancouver to Bremerton
obtain customs clearance including border crossing
lift piece into truck
return travel from Vancouver to Bremerton @4 hrs each
way x 2 artists
Installation
hammer drill three bolt holes into sidewalk
lift piece out of truck and into place
fasten Hilti studs into place with lock washers & nuts
Hours
10
15
30
25
30
40
20
10
6
2
:
1
2
1
Exhibit A
Total hours 200
Composite Creations Sculpture Projecfi
Anirna �udget
Exhibit A
Item Cost $lJS
Materials & Su��lies
4 sheets 1/8" mild steel @$140/sheet 560
weldi wire 40
welding�as _ 65
clear coat 100
Installation
hardware ( bolts, washers screws 40
rental of hammer drill 100
ShiP_��n9
customs broker fee 45
bond premi 30
�a for truck 80
Subtotal 1060
taxes @ 13% 138
1198
Conting @10% 120
Total Niaterials & Installation 13 18
A rtists' fees
200 hours of artist's labour @$28.91/ s �s2
Total 71�0
EXHlBIT B: COMPENSATlON 8 PAYMEPlT SCHEDULE
The Artist will be paid a total af $7,100.00 far the scape of work incfuded in this contract. The
payments will be made as foliows;
1. $2,366.67upon activation ofi the contract for the purchase of materials.
Estimated completion date to be determined.
2. $2,366.67 upon 100% completion of studio fabrication
Estimated cornpletion date to be determined.
3. $2,366.66 upon completion of instaliation, receipt of support materiais, and final
acceptance of the artwark.
Estimated completion date to be determined.
At each fee/fabrication milestane outiined above, the Artist will submit a brief written repo�t, which
describes project progress to date. The A�tist should submit samples of materials if they are
available.
Ai! invoices should be mailed or delivered to:
Pam Sykonen, Cierk
City of Bremerton 1% For Arts Program
345 — 6�' Street, Suite 600
Bremerton, WA 98337
The Artist wil! submit the final invoice and other documents as are required by this Contract within
s+xty (60) days ofi completion of the Scape of Service. Unless waived by the City in writing, failure
by the Artisi ta submit the final invoice and required docc+�ments will relieve the City from any and
all liability for payment to the Ar#ist for the amount set forth in such invaice or in any subsequent
invoice,