Loading...
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,