Loading...
HomeMy WebLinkAbout6724 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D AGENDA BILL B3 CITY OF BREMERTON CITY COUNCIL Action anticipated SUBJECT: Study Session Date: June 12, 2024 Goods and Services Agreement with COUNCIL MEETING Date: N/A Studiofolia for Design, Fabrication, and Department: PW&U Installation of a Sculpture for the Quincy Presenter: K. Ketterer Square Project Phone: (360) 473-5334 SUMMARY: The City of Bremerton's Art Commission convened an ad hoc committee to select an artist to create a sculpture for the Quincy Square Project. The sculpture will be located on the south side of 4th Street just east of Pacific Avenue. The committee issued a request to artists and over 30 artists responded with their qualifications. The committee invited 8 artists to submit concepts for the sculpture and ultimately selected James Dinh and Michael Stutz, DBA Studiofolia, for the project. The cost of the sculpture commission, including sales tax is $182,910.00. The sculpture is included in the overall budget of the Quincy Square project. ATTACHMENTS: 1) Goods and Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The contract is within the budget for the Quincy Square Project. The overall budget for the Quincy Square project is $5,800,000 and includes Federal Community Projects Grant, State Defense Communities Compatibility Account (DCCA) Grant, Trans Cap, Stormwater, Wastewater, and Water funds. The sculpture is funded with the DCCA grant funds. RECOMMENDED MOTION: Move to approve the agreement with Studiofolia for the Quincy Square sculpture; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 04/19/2024 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Studiofolia, ("Vendor"), whose mailing address is: 12723 Park Street; Cerritos, CA 90703. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Design, fabrication, shipping, delivery, and installation of a sculpture to be located on the south side of 4th Street east of Pacific Avenue. See Attachment"A" Statement of Work for the full scope of work. IL TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services prior to Quincy Square grand opening, specific date to be coordinated with project team.. III. COMPENSATION. The City shall pay the Vendor the total amount of $182,910.00 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor according to the schedule in Attachment"A". A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: Page 1 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws,rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines,for any reason,that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however,the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. Page 2 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM Page 3 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers,the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall Page 4 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at(360)473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof Page 5 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. COPYRIGHT AND REPRODUCTION RIGHTS. The ARTIST shall retain all rights under copyright law to which the WORK, preliminary studies, drawings, specifications, and models may be subject. The ARTIST represents and agrees that the ARTIST is the sole creator of the WORK and that the WORK has not been previously displayed in whole or part, and that nothing in the WORK will infringe copyright, violate any rights to privacy or publicity, or otherwise be in violation of applicable law. In view of the intention that the WORK shall be unique, the ARTIST shall not make any additional exact duplicate editions of the WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the CITY. However, nothing shall prevent the ARTIST from creating future artwork in the ARTIST's manner and style of artistic expression. The ARTIST grants to the CITY and its assigns an irrevocable license to make and use graphic reproductions of the WORK, including ARTIST-provided two-dimensional graphic reproductions for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or similar publications (including reproductions in all graphic media now known or later developed, digital or otherwise, and including the Internet) provided that these rights are exercised in a tasteful and professional manner. The ARTIST agrees these rights shall be royalty-free, unrestricted, non-exclusive, and permanent. Reproductions of the WORK may include but are not limited to the artwork proposal, preliminary studies, images of models of the WORK, and/or images of the WORK during fabrication, installation, as installed, or during conservation. The CITY shall not identify or represent reproductions of the artwork proposal, preliminary studies, or models of the WORK as the finished WORK. All reproductions by the CITY shall contain a credit line that includes the ARTIST's name, WORK title, date, "City of Bremerton," and photography credit as designated by the ARTIST, if applicable. The ARTIST agrees that the CITY shall have the right to use the Artist's name, voice, signature, photograph, biography, and likeness in connection with the display, publication, and promotion of the WORK. If the CITY wishes to make reproductions of the WORK for commercial purposes, or grant a third party permission to make reproductions of the WORK for commercial purposes, including but not limited to, tee shirts, mugs, and calendars, the parties shall execute a separate agreement to address the terms of the license granted by the ARTIST and the royalty the ARTIST shall receive. The CITY is not responsible for any third-party infringement of the ARTIST's copyright and are not responsible for protecting the intellectual property rights of the ARTIST. It is Page 6 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D understood that the WORK may be photographed by the public. If the ARTIST uses the recognizable likeness of an individual in their imagery, the ARTIST shall be liable and shall secure a signed model waiver from the individual or legal guardian unless the imagery is in the public domain. XII. MATERIAL CHANGES AFTER ACCEPTANCE OF WORK. Except as provided herein, the CITY will not make material changes to the WORK without written authorization from the ARTIST regarding the proposed changes. A material change is a change affecting the intended character or appearance of the WORK resulting from an intentional act by a third party, an accident, or an act of nature. A. Conservation and Restoration. If any material change occurs to the WORK after transfer to the CITY the CITY reserves the right to determine if, when, and how any CONSERVATION and RESTORATION of the WORK can be made, and the nature, scope and anticipated cost of any such CONSERVATION and RESTORATION. The CITY reserves the right to contract with a conservator to implement any such CONSERVATION or RESTORATION. B. Funding of Conservation and Restoration. The CITY shall be responsible for making all necessary CONSERVATION and RESTORATION of the WORK. The CITY'S responsibility for CONSERVATION and RESTORATION of the WORK is, by law, contingent upon receipt of adequate appropriations for this purpose. C. Notification of Conservation and Restoration. In the event the CITY determines CONSERVATION and RESTORATION should be undertaken,the CITY shall notify the ARTIST in writing of 1. The nature of the material change, including documentation in the form of one or more drawings, photographs, diagrams, plans, or other documentation to illustrate the change; 2. The CITY'S recommendations for the proposed means and methods for CONSERVATION and RESTORATION; 3. A timeline establishing the date by which the ARTIST must respond in writing and a set period for good faith negotiations by all parties regarding CONSERVATION and RESTORATION;and 4. The actions to be taken by the CITY should the ARTIST fail to respond to the established timeline and engage in good faith negotiations to reach agreement regarding the WORK'S CONSERVATION and RESTORATION. D. Approval of Conservation and Restoration. The ARTIST shall not unreasonably withhold approval for any reasonable CONSERVATION or RESTORATION of the WORK outlined by the CITY in the written notice. The failure of the ARTIST to respond in writing within Page 7 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D the established timeline to the CITY'S notice of change(s) to the WORK shall constitute the ARTIST'S waiver of all objections to the CONSERVATION or RESTORATION of the WORK (including means and methods) described in such CITY notice. E. Negotiation of Conservation and Restoration. The ARTIST and the CITY shall engage in good faith negotiations concerning the CITY'S recommendations for CONSERVATION and RESTORATION. Should the ARTIST and the CITY not reach mutual agreement on the CONSERVATION or RESTORATION means or methods within the timeline provided in the CITY'S written notice to the ARTIST, the WORK may be repaired or restored as determined by the CITY. F. Relocation, Removal, and Site Modifications. The CITY reserves the right to manage its buildings, facilities, and public sites for public purposes, and in doing so, may determine that it is necessary to relocate or remove the WORK and/or modify the site in/on which it is located. The CITY will not approve relocation or removal of the WORK and/or substantially modify the site in/on which it is located without notifying the ARTIST of the proposed change and attempting to reach agreement with the ARTIST regarding the future appearance or location of the WORK. The ARTIST shall not unreasonably withhold approval of the relocation or removal of a WORK from the site in which it is located or the modification of such location, as proposed by the CITY in its notice to the ARTIST pursuant to this subsection. G. Removal for Imminent Harm or Hazard. If the CITY reasonably determines that the WORK presents imminent harm or hazardto the public, other than as a result of the CITY'S or AGENCY'S failure to maintain the WORK, the CITY may authorize modifications of, including material changes, or removal of the WORK without prior approval of the ARTIST. H. Disassociation. If a modification of the WORK occurs without the ARTIST'S written permission and the ARTIST gives written notice to the CITY requesting that his/her name and the WORK be disassociated, the WORK will no longer be designated as the WORK of the ARTIST. L Deaccession. In the event the CITY deaccessions the WORK, the ARTIST shall have the first right of refusal to purchase his/her work in its current condition at salvage cost or the cost to retrieve the WORK, providing it is not integrated into a larger piece or a structure, and/or can be removed without destruction of the WORK. J. Integrated Artwork. If the WORK is integrated into or otherwise made part of a building, facility, or public site, the ARTIST acknowledges that such installation may subject the WORK to destruction, distortion, mutilation, or other modification by reason of its removal from or significant changes to that location. K. Inherent Nature of Materials and Public Presentation. For purposes of this CONTRACT, no modification of the WORK that results from the passage of time or the inherent nature of the materials used in the WORK shall constitute modification for which the ARTIST may claim relief or any remedy from the CITY. In addition, no modification of the WORK that is the result of CONSERVATION, RESTORATION, or of its public presentation(including but not limited to lighting and placement) shall constitute a modification that is prejudicial to the ARTIST'S honor or reputation or for which the ARTIST may claim relief or any remedy from the Page 8 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D CITY unless such modification is the direct result of gross negligence. XIII. MICELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments/ Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor's Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. Page 9 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D H. Prevailing Wages. If applicable to the work product,the following paragraph shall apply: Vendor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. L Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: City Clerk Attn: James Dinh City of Bremerton Studiofolia 345 6th Street, Suite 100 12723 Park Street Bremerton, WA 9 833 7-1 89 1 Cerritos, CA 90703 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of Page l0 of 11 Goods and Services Agreement Rev. 04/2023 DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Q. Mutually Bound. Vendor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Vendor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Vendor, and the Subcontractor shall assume toward the Vendor all obligations and responsibilities which the Vendor, under this agreement, assumes towards the Owner. R. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON T 7 DocuSigned by: STUDIOFOLIA DIOFOLIA ✓!3'€ KANte,QtA, DocuSigned by: By• BAF4 es5Ee 747B... Print Name: Greg wheeler By: �,3 �� �7. Mayor Print Name: �a Dinh Its: Date: 7/9/2024 Its: Presi dent 7/9/2024 Date: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: ATTES T VG�lsl 6,-ec7/ r1 ACrt U t,Lt B'@3e eFD£175G4D8... �4E[ EC>11.EG5 F... By: KYLIE J. FINNELL, Bremerton City Attorney By: ANGELA HOOVER, City Clerk Goods and Services Agreement Rev. 04/2023 Page 11 of 11 R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev.04 2023.docx DocuSign Envelope ID 01 E09AA1-1559-4614-9927-0CA7DA95970D Attachment "A" QUINCY SQUARE SCULPTURE Statement of Work 1. The artwork proposed by the Artist will have two major components: a bronze sculpture and tile image panels set into a two-tiered concrete podium. 2. The Artist will fabricate, deliver, and install a bronze sculpture and tile image panels in accordance with the accepted design (draft design proposal shown in Attachment B.) 3. The Artist will submit structural drawings for the bronze sculpture attachment and concrete footing stamped by a Washington licensed structural engineer. 4. The fabrication of the sculpture will involve the following steps. First, a likeness of Quincy Jones will modeled as a small clay bust. The clay model will be scanned to create a digital model. The digital model will then be used to CNC-cut plywood to build an armature. High-grade #655 alloy silicon bronze strips (118 and 3132 inch-thick) will then be "woven" around the armature and then welded at crossings using TIG and MIG welds. The wood armature will be cut and removed after the sculpture is completed. The bronze is surfaced with a Scotch Brite pad to remove weld and tool marks prior to patination. The patina will created by a cold application of Birchwood Casey m-38 brown, applied both internally and externally. This is followed by a hot application of ferric nitrate to warm the color. The sculpture will finally be sealed with a hot layer of wax, with a second layer of clear wax applied cold. 5. The Artist shall provide and install a permanent identification plaque as part of the work at a location agreed upon by the Artist and City. The artist will use the following format with final text approval by the City. Title Artist Name Year Installed Medium City of Bremerton 1-3 sentences provided by the artist to encourage discourse on the work. 6. After the sculpture is delivered to the site, a small crane will be used to lift it on to the concrete podium. Stainless steel base plates at the bottom of the sculpture are then bolted to the concrete. 7. The Artist will design the two-tiered concrete podium that will have tile image panels on the upper tier. The Artist will work with the city to gather and select photographic images to be fabricated as tiles. The Artist will fabricate, deliver, and install the tile image panels. 8. The Artist will coordinate with the city/contractor on the design of the concrete foundation. The city will be responsible for the cost and construction of the foundation. 9. The artwork will be constructed of durable materials suitable for the climate of Bremerton and will be safe for public interaction. DocuSign Envelope ID 01 E09AA1-1559-4614-9927-0CA7DA95970D 10. The artwork installation will be scheduled in coordination with the construction schedule. The artist shall attend construction coordination meeting with the City, the City's general contractor, architect and other parties as appropriate to communicate about the work and to coordinate appropriate integration and/or installation of the work. 11. Upon acceptance of the artwork by the city, the Artist will submit an art maintenance plan. 12. Payments will be made upon completion of deliverable as set forth below: Milestone Description Delivery Schedule Amount No. 1 Design deliverable package On Award $35,000 (plus applicable tax) 2 Stamped drawings approved On or before August 1, 2024 $12,000 (plus by the City applicable tax) 3 Materials on hand On or before August 20 , 2024 $32,000 (plus applicable tax) 4 50% Fabrication complete On or before September 1 , 2024 $29,000 (plus applicable tax) 5 100 % Fabrication complete On or before November 15 , $27,000 (plus 2024 applicable tax) 6 Delivery to site and Prior to Quincy Square grand $24,500 (plus installation opening, specific date to be applicable tax) coordinated with project team 7 Project documentation, 30 days following final $4,000 (plus close-out, and art acceptance of sculpture and applicable tax) maintenance plan delivery of art maintenance plan _ 8 Contingency and Travel Paid upon incurrence with e NTE $4,000 (plus documentation applicable taxes) , DocuSign Envelope ID:01E09AA1-1559-4614-9927-0CA7DA95970D Attachment "B" _...diC .... __ • ' . , . --• .0-7. , •Ir . 40/it4i* fr" rjto‘ v T . l•i('' / 1,4;40-,;,91,16; = ,,elr/1/:.:, . . - 1111, • ,,:,14.,„ .. • .orr; •v.I.,,,,,•sigiki_Sr.,..,4Acs-Xv.,74...--. ,.. --}, I elirrit. .., *1 .‘ '..k i gr ;e'' ',:''4*,,s0P-1. -----:.•' „ .6 . • licill\q ii40, ,,,w h... ....4.4....... ..... . •• CI- I ‘ All- -. : '.• ...'4'. i - /\ l'IS-:7.7/ ., ...,. ..... -,,,i.. . .. ,•••;10411. : t ./... . . la \4 s,v -, ...,.., .0 , „,•,/ ! , -cc' , ' / iN„',#, •• - rAni,,•-•-,%:\...• p y, / N6.... Cit. 11,,,,i14.,1-it.-,AIN 'tmlismalika\•# \ i/i, ,1 fikemidi ?)41° cis> ,...,. -ANIss‘k .. i lb * NU, \\*•71 • !„‘0010 :lir '1 '''kel'. , , ?I''..-.-,1 P4,11AV•flIP-1114"1:27,171"---- 7 if,'t .1 I 1 4,..HP' . ,..4 ,, • AVI'-tar'141Pii 'ilifIthrir,'7-14. titsk_Welli":01,, , • - r'i 0', - ...";A ' Clit: -.7r1 ,4:1,j ..4W1 I .!: , , ,0 li ,..'.4.'- • .We(r.:'•: 'ell", JP 4 •t •N 11 ' 140.- "*"-' 1- lit) $' e : • ', 4,t It ii;?, • itimmoti.i - .....,_ PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES n studio f I n o la DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Team St ud lofol is Bill, • •• •• • • , • I INII�I I • ,, . . ,., • • • •• •• , , ,,„ , , I11/11 • 0 •� • , , ,• $ $ � With complementary backgrounds and professional experiences +���h' ► . . . . . . `, , , , our team includes James Dinh, who works at the confluence of Ni,„,� jIII •. • .' • public art and landscape architecture, and Michael Stutz, who is ,i�i','y; ; • • • • •::: ; a sculptor with over twenty five years of experience. % x `�� • <<, 't rf, ,„,„ ti .. .. r ; • • •• { 6 1 ' ti • • • 6 i 1 \ • • • Because the context and requirements of every project are 1 _.rr 1`- • • , • • • ```;'), different, we believe that design should be based on an e , = - • • . , , . $ • approach rather than a replicable style. This focus on site- C ,, •, specificity is reflected in the diversity of our built projects located ,/ . . I i 1 M ;•t,, . • .10 •• ' . . 1,$`..s' • S S in different communities across the country. All our projects tell - ••• �� ��� - • stories that are unique to place. j I . • , : , yY _.. „_ 1_7_,j ....„,,...-- \,i,.....-- ,c.,, _ • • . i ,,,., ---- 1 -- - -- -- . 4, , A -. t- •,. , , , , . . __._._.....„__ _ _solipit_ _ - \ , - - , TI.E. (Transformation Illumination Effort), 722, College of Education, Uni. of Nebraska, Linln Y 1 •� 'Jf,1: r{ <..,<. : I" .6 ' y/.. \ i. �` I. iys + "4F, • a:�c is�. � ' ;. ' •gild + (`_ ���V� ' is \ .: : /. ! �, '1`�' $'� r) r1 / r % . Y `� 44 t �w ,ram �.. -� Air- t ` .-, • ,-� •` •, � -F^--? _ /. / �i ' m� �u?, ,2 .. s�,,� ,, — ir l /at ` _ 1 \ � : ,, , —'," : %, ,. ,' ilii , c,s" s .,�., n -, �_>. 'a��� \ .4 �,GYP° ; .:I I j' I I �" _ ,,��'_',r. ._";R R I ',kill l ✓ `i ...00, -,- \,/% �y r ,' `.�� r am` Y,r �I,r r: -• 1.L �i tc A fr • 17411Lib A"-'-t. i.\ ` f '�` `` � II /i. . ,d��� ®~`V �{, Ilit T- _ .ate, . . T _ iiVrI r ,_., i tl-\ , Ng,. 33C 1 .,_ TF� =_ Equity Fountain, 2020 Daisy Garland, 2023 Helena, Montana Uni. of North Carolina at Greensboro PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 1 stud i ofo I la DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Inspiration - Weaving 4 h , -4.-- ' t - • Its well known that Quincy Jones is one of the most innovative composers and arrangers who incorporates many styles of music, h techniques, and creative ideas in his compositions, arrangements, and ,, --, rik '' film scores. He has collaborated with legendary musicians and groups -;,'. P' • ::__- g Y g p ► such as Duke Ellington, Miles Davis, Ella Fitzgerald, Sarah Vaughan, Frank I. ` `'" ' .rr.--.tee • , , Sinatra, Ray Charles, Michael Jackson, USA for Africa, and many others. '•••� 44 • i • Lionel Richie praises Quincy as the "master orchestrator" (The Greatest l.. , ' Night in Pop, 2024 documentary, director Bao Nguyen). - %., ....:S. • Throughout his career, he has wholeheartedly embraced ideas about - globalization and cultural diversity in his musical work, collaborations, , ; :r. and humanitarian projects. :••• lit'' i 10' ,itf' >`' , �` -. 111. • The proposed artwork is inspired by this philosophy of inclusivity, particularly Quincy's amazing ability to bring people of differing "' Ne backgrounds, musical genres, and generations together. 111 r ., ram .. ter r s,_ . I'I �I� i 0! ''/ ' 7 ' / , ... .i • In the spirit of Quincy Jones, the artworks concept is about "weaving", „ r «�; ',' �- ! f, -_. li 1 which serves as both a literal waythat the sculpture is put together '' '=` -- .A') tom:, ,. r �'Or i� 4.4 and also a metaphor for bringing community members together in a ,r ;';°a :-` ii. ®• 6 '40:4 celebration of shared humanity and the man himself. -1 t`"` 1. ) �' ,, 1:114)' \�y{�., FI �, 7. �' ,� - ~� ��", °, , !i!I/f//_ u' `' �' ti mist F f ' � ? ` it f ^.: � � _ N . -. '. .i • 1•"•, : la r-::$' , '..- -i/ 11 -\.,„>, 1 _ ,. --.E ,''flit ..._ , ''t; i PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 2 studio olia DocuSign Envelope ID:01E09AA1-1559-4614-9927-0CA7DA95970D Weaving Sculpture • Because the artwork serves as a gateway to the newly re-imagined 4th Street, it is designed to be iconic and hold the attention of viewers, while being respectful of the scale and materials of the neighborhood. vr \ 1,07/ -..... \ ‘ y :„ • When people walk or drive by the intersection of 4th Street and Pacific / / I N t' , '',74,.' 4'- u -.40. • w Avenue they will be greeted by a larger-than-life sculpture of a face. !';',, - -, - , _ , .:., i A ,-; . \litit • Illiki;.</P, All -VAT r • Inspired by the masterful bronze sculptures that were produced in the i -. 7 ,,A, *IL / ancient kingdom of Ife (modern-day Nigeria), the semi-absract sculpture T r ':i - ‘i\i'll4ISM Zle# fe/ 1 1- -Al ( '4:I':.1*IZs-'1144*1!, ' 0 _ . it-;: \ will evoke a semblance to Quincy Jones. / v40.‘ep.--•--,--,:: V , , Tie---11-7.- '0:_!, ;7.i tior=----: • -v".-0.4 A'r .yr:;u1:0,!, 4 • The face is also intended as a collective symbol of the many African , .-,), _....47.„....... ..,N\ 1 ilti ( Aei-.io"''Ap,..'"'-t—.------.„ li 4, r Americans in Bremerton's history who have contributed to its cultural, ' 'xv• 4.- /if it' i '.. --------- i ,- 4 economic, political and social life, and who paved the way for people - I t it.,,,I-ItAt..- -o>." "gt"IP' ' ' i,Ill'„ i 7,,,eb•wietesr,...rif,„ 1/1 ,, -,..,q,_ Ntilalkolik,,,,e,ti , ,,,,, like Quincy Jones to thrive. '-'44 i w,iir"'', ;14%0 mak,24 Nviveuersdiffi 1/4 '4 ;14011140-ami Itto."0 /1 lk, ,. , \4-. 14gtkv,4#41e-movit:/f, ;1 1 '1?:) 1A — -. ,•,1 4 \ N ,4 11040 07t,tr F \ —.P..v.Prr, ' ., :III I . • r ' 1 ';:10411 r „. ., FRONT VIEW PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 3 studigfolia DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Weaving Sculpture • The sculpture will be "woven" from ribbons of bronze. This "weaving" serves as a metaphor for the Quincy's amazing ability to unite people, as well as music's ability to connect people and communities across borders and races. ../ . . " J I ,it/ tti • The artworks multi-layered weave will allow sunlight to sparkle through the I ''0 : ' /� rci . - sculptural space, shifting between interior and exterior and creating a sense / / of movement. Bronze's reflective depth, warm earth tones, and its aging / /`,ems-r =' patina have textural richness, and exceptional strength and durability. 1� :'� , �1 i.�„ p g Y ,, _ , i. �-- � � �` -%,...:, ..4- ( — • The sculpture invites people to walk behind the face and et inside" • , „:`'_., .: , �" p p p g _ : -- 45a �'�i1 ��,- -_ . .� Quincy's head. Through his eyes and ears, people will see and hear the beat 'k i9,�, ; , ; =-- -�- - t -fir/ 1� �t 1pii of the Citythat set him on his amazingjourney ,-o✓� / ,; J Y �D el 4 \,,kt„,,\' •,,,‘vt--,..--a.z,t--...1100#7. /,',/' iirii 40 4,\Aftsa 4M\-Lim-1000.!-4 ' # ' • i ighf, ---\ A A. fiPt \t*Lk I,404AIIM- "I ) -- -•p` ' Ift a m i i i I ilOPY - ' - ..-1.".- . ,,4, --Ht(i_ xi\ V v clgingr..--:--walle"' j :• 4.;// 74., ,..',4 :4:".,„1:,),%", _ — ., .\ i . — li\til, NV\44 -1Z's 4 1 fy s - ,,,,--- .- / ,t, - --- ....._ , - 7 -.1m4 i '.L. '‘ 1 \\ \s •-- Iti ,,.er,A' 1 ;_.1 i -Ai -::.:.',:, ,- . ..;.,' ( A f, .,,,.,s i ' kin , AV ft:.&-,N7'.'zk‘.!,;d':14;trx-i,,ir„ ,,,.,,,,,„, „ •'fir :' '�4/' \ J .y. ► c . N r�:� i��l,i> r / ,,ir 44A1 j. •Itt, "�. v *00 h !-0-...--,-_,‘ eipo , • r. iee/ -iffprG /di ... , 1, SI ,,,..-4,---t.. . '44, • -- J i '141 . /S, )100,- - Ilk VNI , ,-- ., "04 N,,ii s, y,06 vi .. . - . .-. ,' ' :4 -J. ' '' ' ', 1440941T ` �(1 G. ts►-• ._ -:), ' " NW SIDE VIEW Four Faces, Texas Tech University - M. Stutz Daisy Garland, UN. of N. Carolina, Greensboro-M. Stutz&J. Dinh PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 4 studio o I ia DocuSign Envelope ID:01E09AA1-1559-4614-9927-0CA7DA95970D Weaving Podium • The sculpture will rest on a circular, two-tiered concrete podium, which elevates the sculpture and creates a place for people to sit and meet. .• 40 • Inspired by the scarves that Quincy often wears, a tile band will wrap / S \ % " r # around the podium. The tile band contains photographs showing Quincy r'4*z ‘ i and his many collaborators. r r ',.'. . ‘, \It 4 • The tile band further emphasizes the weaving metaphor. 7 - it. N t , ... .- p ' --4, (I r, --r ',41„,211b-.... '.4 -44:".■v. - '41 1 1 *,I ( 4 12, . --41 i st 4:4dr 1111` -- rie;tlt tiff44,4, 4 :um" .111 , # e. t 1 , .a.AL‘„, 141A0.41:' ' 7 A, / ,./. . • 's_1— vt I! \ N ti .-=, 4.' ./.1, ' • 'It7-201:101 ‘411104k ' , , ,,, 4,. , *44, 4 RA .,:'' s ,--•KS ?oe , ! ... 1 /- il. -'' - - - - , ,./,,.,/ , , 4 '.y % 11 %%, '''''':( /4.. '''''' AA' ,, • . . ' 4,,, 1 T p ii it kap 1 .-4.': ' -...t. 1=`,',T. ' -' k" . .., ---Z .•;' 4 A ,,- , =-E- _____- ______________").- Illr7 t . - ______ 4 . ... i 4 . FRONT VIEW PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 5 • ' studiofolia DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Weaving Sound F ( /:` `, � '� a ` �' a,.4 • After considering many sound-producing methods, we propose 3 * , ,- N, - ._ _ ' y r'; different options—from simplest to more complex—and their respective ..4f. �� '' — , , �� : ' � t. `: .. . drawbacks. ; �, r • Option one is the sculptures inherent ability to focus peoples senses. =� .� - When people go behind the sculpture and "get inside" Quinsy's head, ����` ��''0 \)4,‘‘ `� . . �-- -�� .�` � - >,- they will focus on the urban sounds that will filter through the weaves -5y. 1' =!`_!:�'� ����\' ',`i,� 'i _ � - : _ '• ' and ears of the sculpture. ��4r jieA p�;,0 :.r, .,:;, ),.1. , . -b_ Li" .,� 'NIP, Al. ' - ten '' • The intention is to allow people to hear the everyday sounds that may \ �;!� . , — ,/ v:,,,,. A have inspired Quincy when he was growing up. The drawback is that the �!!_-.01, effect is nuanced and subtle. . =-_ '.-- - __ .. a — _ , - .. -r FeJ+t \� 1 •o `s .�w►.- tiu .- ..�pq �_.w ' {,`'k - �d;i� .--. s� ..,ma's.. ....='#�_.f, _ -"--.P.--_ _ -. • Option two is to have a small removable plaque with / 7141r- - a R code that people can scan with their hones �,� Q � p p phones), = z• �. pi _�� located on the backside of the sculpture. � ` Ir. .. 0 f la p . I . . ;Lea '�ir fa � �'' arrik • The QR code could link to a public video or oral °i CIA'' �' . .-: '. history recording about Quincy Jones, such as "PBS: _ Nell rAt American Masters: Quincy Jones" : https://www. 0 .,.T, . .� ' - 1 pbs.org/wnet/americanmasters/archive/interview/ 11\ • a quincy-jones-interview-1/ �`''" ilit - We have reached out to music historian Clarence • Bernard Henry, Ph.D. (Author of Quincy Jones: His ,I I I / Life in Music) and would consult with him regarding the most appropriate, publicly available sources. 4) • -1:52:45 p • The drawback is that technology can change or QR code could link to a public video or oral history recording about Quincy Jones become outdated, requiring the plaque to be updated. PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 6 studio o l ia DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Size • Bronze sculpture will be approximately 7 feet high. f. • Lower tier of the concrete podium will be 10 feet in diameter. Upper tier ',., ,4 1.• rf.,„ -a ,. �' � '0 • will be 7 feet in diameter. Each tier will be 1 foot high. /("If ,ff��fir , ;v1.'� o i.- 1 fr . 1, P( ' fr- - ' 7,, . , e ,.././. i , • Tilephotographs will be a approximately 6 inches high. .. >-;• F p p Y g 1 orel , , litit ''k;:.., '4°,,i'w ---.tz-Alrr, ,,,,A._ ___;sr, f 1,..,A‘\ ...414,4L � ..cam- • '�•`\�-11/ � � �' ipt ��. , il II,N ,......._,t .:,--'-'"-----,4-774-ji... 41 A 0:100,1 E , \- -�+.� �40 �.� 7ft / rt',/ gfalt- V \VIik,*, lk I, /MO' \A 1,-% ‘10.,,,,,WAN\kW\ c ,"4?a,.._AN--11-11tAlf 1 A - ,14) 1.1,„1‘, \ Attila joiii of, viff,d '-s.‘•i ‘*\k`,,,-.4000.0. of , j, illi ,, irtviL,* ,,,...)iNkcirmt#4, /if, , ,i, ,...... .7.___:::„,,, A- 4,Jim.,r ir , -^ tAttli Optik 4) 1 ' : ' ';400r- dv ./l 4) , i-, ,0 � "5•7 . fix,411\ A , _ 4 „� > , . A.ki�,. 7 ft T .���E ,, 1 ft i 10 ' 6 i n. if,' „s' • ; w sr"°HEONE ,,,, - - �� - ; ,. r♦ OFFEFEO ME 'std.:- s MY EEOOM.' r►ili 'a'' 'Q . ` . - `jam, : ,' T • s.,-- 40 10ft PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 8 studio o l ia DocuSign Envelope ID:01E09AA1-1559-4614-9927-0CA7DA95970D Overall Views ) ii , i \ • pk, or /4-.. •-• - i , ,sip,:0,,,... . '/';/,) ef oef-Bwlifr - ' Pr \ N 'N i r4 N ‘ • \ % # / '41 .• ift, • • t .,. ,. s / 7 7 t-; A '. iiIP A -.7, • t t, / i", ,,, - - 41 ri 40. ) 7;--•!!.-_--,-..-\%*i'i• ,-_-,......, \ *4,:•.,..-...... --€:‘..,,,-.4-1....„... . .,,r.--1,-,--- .„,, . . e..,...... ,\ --......,st4g .,,,t, __,_:,,, / - , *N-t."4 ''*.'49,£P4A t 0.g I alf 4' '.1P.' " •=ik '1/4, Nio . .t..4 's ,...11111111111116.4.. = .... 1 / , )/ 140, ...=, .. ...... ,V \'''''•-'';-' - 14*4.•Not t -4 ri--- it ' 11 • ....'.411k ior -24 I / )-• - -"" ---.'.--API --fi' °.: (4. -•-.::--z-.-Z-,--__ ...-.. - , O. ,•.4 • 1 I 'ff'\N.iS*vA'Nli-iiiiiii‘i. '01 V4' 40 / / a k• t 4.';.•ZIP.I • -41 It\4• `.. =--N;w-... tf•-•'' -#1 )r, ‘ 0 /' /,..; .t.1.:44,,V., -----'..... \N`0",..\•14 , ,' / i .... , , I , ‘ .4 p ._.4 1 N i ii%i„,,,..,,,; ' (._. :. 4;4,-;0,..'s...:\! "*".qmialti&t.&\ 4/ , • 41 \\\ IV .1 t f4i ,-- N ' • iftwitatirdir-'• - ) 4r 7.. iTp* N--or- „,- .... ,..titi4,/,4 , ,,,,„.... . ,,, ,,./, i ', 0.•: t v r.,.. N NO / t•L, lir lomiliw. • y tfrfili*N.,t.: — F,, #.8„rair is fr,,,t; , t, ..„.!, ,,, ,.1,,'„,• p aro , , l'......'•"4, IV ' i , ,' ,/ , A -- • - Ato'U) ' e ''' • . . . 1 i r . . . . I \ 1.-;. . .. .--;.,.,, \ \ "*tiAfiTY- », 4: I \ . , • • ,,, 4,,,, ., ••I \ k \tt\ ti,/ ,, . r 1- ,4 f # 1 ) F , o . . ''1 ' • ==—. --V. ._ -""'" .d., OFFEAED ME • , ,. : ,I /jig 7 .' '.. ''.•:•';' Z=Zr..:, ' -1' t,— -,St C 4- t '- lillt: • 1 ---' 1 r.:7`0,041- 0.. 4,• ,,, No. ,4 P • ---—— _ — I,. .. , - SIDE VIEW FRONT VIEW PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 10 studiofolia DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D " Ian View IIliw V ...: ._-4,. ,k44".e .,. .4. illi.**.(1,00: 4, • . • or' 4.. .*:. ::: . '.'w lir •' -,-4 3'':;;. *---4.4 11:: • yw X�- w Z Q 4TH STREET LI- r , - . - . \\ 0 , Sculpture as : Podium v,A = �. .. Area �— —' allowed for artwork PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES N SCALE: 1" = 8' 9 stud I oJo I I a 0 8ft DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Bronze Sculpture ..._ . _ ,, , , . , .,..... • Michael Stutz will work with Pardell Studios to model a likeness of I ; Quincy Jones. Pardell Studios is internationally recognized for figurative 0 ,Y, modelling. "-y. • First, our team will work with the City to select the most appropriate , -t) image of Quincy Jones on which the model will be based. ,1r,,;+ • Second, Pardell Studios will create a small-scale model in clay. The clay '� iii2st_A*4 \ model will be scanned to create a digital model. lik \ -'s\--'11 .,s\l' - , • The digital model will then be used to CNC-cut plywood to build an armature. \ / k , ' \ \ i Clay model by Pardell Studios Digital model by Pardell Studios • High-grade #655 alloy silicon bronze strips (1/8 and 3/32 inch-thick) are / / j .— --.. then "woven" around the armature and then welded at crossings using A �� �� - 1 TIG and MIG welds. The wood armature is then cut and removed after •=f, f 7 __ , � - the sculpture is completed. �: '• it. ;N� . ' • The bronze is surfaced with a red scotchbrite pad to remove weld R ¢ fi ,. t , ,\.'°' , 1i ' I`R '\ . -- and tool marks prior to patination. The patina is created using a cold ��, �� ,16‘.� �►` !►. application of Birchwood Casey m-38 brown, applied both internally and i , .. r Y _, ,ts ' �✓�,; externally. This is followed by a hot application of ferric nitrate to warm - ; , , N'�' N.s'- Te.: , � ;� 1 the color. The sculpture is then sealed with a hot layer of wax, with a / ,�-� c: r ��' �. ��* . second layer of clear wax applied cold. , -•'' r`A_ `;\ 4` � e`, '\k'\ " ' . - , _ AL • After the sculpture is delivered to the site, a small crane will be used i , .,. A ..1114 , to lift it on to the concrete podium. Stainless steel base plates at the - �i v‘11 �► :y �`r- ►• r < " '' 4 a ill bottom of the sculpture are then bolted to the concrete. 4.- , c� � . = _ 1,\ - . -1►� / %;' \ 0, A -1 0 • '1\4(ey ,"....::11,.__1- 1 , p - "40 i , --- --' ,,,.____,_.cit. \ ... .if: ILI .114 - Plywood armature "Weaving" and welding bronze strips PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 11 stu d i ofo I i a DocuSign Envelope ID 01 E09AA1-1559-4614-9927-0CA7DA95970D Bronze sculpture Examples ,,,_ ., 7,, . ___ , -:-5_,TrI —PM-,It -... ..1.., .,„A, ., ..- . P.' . ' ',' 6 ' "A".44' . PO,' ' .:S' �..ivA r ;#� (p ,'l .;}• J.3ti`� _ '. f r# k } }' K1yy►! 4-i.,' £' ,..A 'M'ey• fY/#R�444'.�,i Grlh ..lS �� ro, •y �f',�/� , ; •S• lf' t. Y`a.! - a n r�g•a;'� xa'c gt -' '> .117 T.i� `� t• '• d 1 ` _� .. �� { � r `N I• re; -ail ids x i l r,. • 1 ' s* � .. w. r 'S�.IM., ` +r4vGy`a iF .�: f/j1/ >: • � ' 5511• r .ee'�'' .i4, 4 4%1 • R -,� r• r��v \� 1 R" ` '. * .vy.�'C • .e. •� _ _ I. ��. _ �f �r 'LLL �+'�► �T,u. ` .x ,,+ ! I , is -� s �. r. , r `�'`.iI�^�.}� �� �'; �"' i • �._ - AA.. _ �� '_ ,f. ii... r a {,i \ 1 / b �. • ; fI \ �i � •-j�� rs, i� .� .fit r t / 7 ' .- ' w -, -- " ' i ...,_. L ''/c#\ •: •- s4' _ 440py. t7-44 1 , . , . Miro' h..m..=t ‘ V*I , b• ' - r-:----A 1_, ,0 : , . ' _41141 ,, 1' ,ems Ci.eo 4y.p,,,. .. mrlGii - - \. s ' i I i' r f,. alb a •r .. u"' '�1 �C Y so-. r> . ry4 IL i `a. - _ a - ` • Ss • jIffrr t t� t n �rt ror d7 J ( A Four Faces, Texas Tech University Daisy Garland, Uni. of North Carolina at Greensboro qk III � ° M. Stutz M. Stutz & J. Dinh ' ``' 1,- A h:' 4 , Jam_:;is 2 , ..,� ^ a, - ,1; - 4• t,' t. - I - -,' �� 'r^ ✓r . PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 12 stud i•ofo I la DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D Tile Band IIIMININv _a • Tiles will be 6-inch square porcelain tiles. Exact colors will be determined. N„Cv;�ONE 1 , THING I OOOID - -� F CO.'TROL R w. .4' viiii• . •_�• >fl• WAS THE ONE j :/ �' - "•R•'` y:d. 1_� ♦ • .•.;_ '-.' OFFERED FREEDOM.. (THING MAT . Ir. . ' - I , ♦ h A `� r • Images are printed on tiles and then high fired. Very durable and low - • °°�L — '- :"... J maintenance. • Concrete podium will have a 1/2 inch recess. Tiles will be placed in recess and adhered to concrete with thinset and then grouted. • Our team will work with an historian(s) and the City to select the images. , �f k. • -. , I , L; : :r fe . �C *� / � r rr. r ! .y mow .I 1.. I �,, if l `I /' p,, ! w Jr, I� ,r, i ;• I,>, . •�r 1\ I, ` \-` ,, I) f I rl 0.. i g w..._ ,• _ — _ 1 s'r 'mo t 7'�,� 11 fl' � � I r l '/ 1\ I "f'i' fir-r /J 4. , l� di .� ( 1ph 1) . . • 7`.,,- 't\ ‘' ','' -I ,... citi , .i, :§1;?' . --".44 4,It.ilk :v.- , I, Tel 2' v.. ..N*11i ____,. ro.---- • • it,...i ,.. • . .,.\,.,,,„ ,,: .... ..,.. • ?, .v, lli,.,ive ) I 0 -‘,.... iikr".... ,.. ._ ,,,,C.i,-,,\.—W1•4FAIF11101. i ___. t ,.•_ . :. , . ry i -'i '', • - .- ---, . ir f J,s, , / ' ',,,X.' 61111041111111, I • Example of photographic tiles manufactured by Winsor Fireform • % sir • ' - - ~ mot, f I - ., y • � , I a }` a v' h /,� 7 �TJ ,. -.r Circles of a Ripple, Hacienda Heights, CA -J. Dinh PUBLIC ARTWORK IN CELEBRATION OF QUINCY JONES 13 stud i ofo I la DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D ; UPPER TIER SCULPTURE LOWER TIER BY ARTIST SCULPTURE CONCRETE BASE - PLAN SCALE: 1/2" = 1'-0" if-3/4" INSET FOR 6"X6" - t`'' TILE IMAGE PANELS c m � �z t i SCULPTURE CONCRETE BASE - SECTION ELEVATION �i m T ,n4ITTT SCALE: 1/2" = 1'-0" —DEPTH OF CONCRETE FOOTING TO BE CONFIRMED WITH STRUCTURAL ENG. DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D _ '+ I DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE _ ( 06/17/2024 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an.ADDITIONAL INSURED,the policyfies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kathy Lamm(975534H) PHONE FAX 2915 Red Hill Ave Ste F201 (A/C.No,EXT):g66 416-8939 (A/c,NO):866-416-8939 E-MAIL Costa Mesa CA 92626-3428 ADDRESS: klamm@farmersagent.com LNSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 DINH,DAMES INSURER C: Mid Century Insurance Company 21687 STUDIOFOLIA 12723 PARK ST INSURER D: INSURER E: CERRITOS CA 90703 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDTL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) jX I COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea Occurrence) $ 75,000 MED EXP(Any one person) $ 5,000 A J Y Y 605513299 02/01/2024 02/01/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PROJECT LOC PRODUCTS-COMP/OP AGO $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILYINJURY(Perperson) $ OWNED AUTOS SCHEDULED A BODILYINJURY(Peraccident)$ ONLY AUTOS 605513299 02/01/2024 02/01/2025 HIRED AUTOS X NON-OWNED I PROPERTY DAMAGE ONLY I AUTOS ONLY (Per accident) $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE I! AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTHER $ AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER N/A EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ —__ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as additional insured by endorsement.30 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION _ City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED'• CI ES BE CA EL BEFORE THE EXPIRATION 345 6th Street DATE THEREOF,NOTICE WI ?r IN ACCORD C ITH THE POLICY PROVISIONS. AUTHORIZED REPR Bremerton VVA 98337 —_ AO! '�a�� d,_-,"� w ACORD 25(2016/03) ©19: -2015 ORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:01 E09AA1-1559-4614-9927-0CA7DA95970D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 605513299 J7239 1st Edition FARMERS INSURANCE ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s)Of Covered Operations Person(s)Or Organization(s) CITY OF BREMERTON 345 6TH ST., BREMERTON, WA 98337 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. The following is added to Paragraph C.Who Is An Insured of the applicable Coverage Form: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law;and b. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance of the applicable Coverage Form: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. J7239-ED1 02-19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 937239 J7239101 DocuSign Envelope ID:01E09AA1-1559-4614-9927-0CA7DA95970D THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. til;N FARMERS E3306 INSURANCE 1st Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 06/17/2024 _ 605513299 Effective Date Policy Number This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS-BP 00 09 SCHEDULE Name of Person or Organization: CITY OF BREMERTON (If no entry appears above,information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K.Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your work done under a contract with that person or organization and included in the products-completed operations hazard.This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. E3306-ED1 6-97 Includes Copyrighted Material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 91-3306 E3306101 DocuSign Envelope ID 01 E09AA1-1559-4614-9927-0CA7DA95970D CERTIFICATE OF EXEMPTION FROM WORKER'S COMPENSATION LAWS I am aware of the provisions of Washington State labor code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code. I affirm that at all times in performing the work for which this Certificate is provided I will not employ any person in any manner so that I become subject to the workers' compensation laws of Washington State. I also understand that if while performing the work for which this Certificate is provided I employ someone so that I become subject to the workers' compensation laws of Washington State, the claim of exemption executed under this form will no longer be valid. I affirm that if I become subject to the workers' compensation laws of Washington State while performing the work for which this Certificate is provided I will obtain a Certificate of Workers' Compensation Insurance, submit that Certificate to immediately following its effective date, and continuously maintain the coverage provided by the Certificate in accordance with the law. I certify under penalty of perjury under the laws of the Washington State that the information provided on this exemption statement is true and accurate. Date: 17 June 2024 Signature: Name: James Dinh DBA: Studiofolia