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Home My WebLink AboutPublic Art Acceptance Agreement - Heroes Park Journey of HeroesACCEPTANCE AGREEMENT HEROES PARK PUBLIC ART PROJECT: "JOURNEY OF HEROES" This ACCEPTANCE AGREEMENT is made this 2f day of March, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, Artist has installed at Heroes Park an art installation entitled "Journey of Heroes," comprised of three (3) large kinetic sculptures and five (5) small trail markers, ("Artwork"); WHEREAS, on March 21, 2017, City and Artist entered into a Task Order for Heroes Park Public Art Project ("'Task Order") that includes, in Section II.C.3.c, a requirement that the parties_ enter into a mutually agreed-upon acceptance agreement, and submit enumerated deliverables, as Conditions of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the Task Order; WHEREAS, the Parks Superintendent and Building Official have inspected and do approve the installation of the Artwork as both compliant with the Task Order and structurally sound; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the Task Order,. acknowledged and agreed, and in consideration. of the inutual promises and covenants herein contained, the Parties agree as follows: L INDEMNIFICATION. Artist specifically hereby indemnifies and saves and holds ban- less City and its respective employees, elected officials, agents, guests, and/orbusiness invitees, from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property raising m a result of. A. Artist's failure, or the failure of any agent, employee; or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or, service under or related to the Task Order and any and. all addenda thereto; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any images, plans, designs, drawings, specifications,. information, material, sketches, notes or documents created or used by Artist in the performance of any work or service under the Task Order and any and all addenda thereto; and/or D. The malfunction, breakage; or failure of the artwork, or any portion or component thereof, created and installed under the Task Order and any and all addenda thereto. ACCEPTANCE AGREEMENT — JOURNEY OF HEROES PAGE t of 28 Artist shall not be responsible for damages, expenses, or injury to any person or to property arising as a result of vandalism, acts of God, or misuse of the Artwork. I1. WAwr,RR. Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees; suffered in connection with or arising out of the performance of any work or service under or related to the Task Order. Except as otherwise expressly delineated in the Task Order, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the Task Order and any and all addenda thereto. 111, DELIVERABLES. Attached to this agreement, pursuant to Section H.C:3.c of the Task Order, are: A. Exhibit A: Written licenses and/or permissions for the use of each and all of the images depicted on Artwork B. Exhibit B: Waivers of lien from all subcontractors and major materials suppliers C. Exhibit C: Report from an independent testing agency approving construction, fabrication, and installation materials and methods D. Exhibit DR: Recommended maintenance plan for the Artwork IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST,: ICenIYleCall Manager, McCall Studios LLC CITY OF MERIDIAN: BY; Tamrny de WMay;7 Attest: L C. Coles, ity Clerk. ACCF.PrANCE AC➢PYEMENT -- JouRNRY OF HEPO ES iPTEDA'J � ST ", ciry or W B IDIAN!*� 11 IDAHO SEALI PACE Z of 28 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 3 of 28 EXHIBIT A Permissions for the use of images depicted on Artwork Meridian City Council Meeting Agenda March 27, 2018 – Page 179 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 180 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 181 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 182 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 183 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 184 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 185 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 186 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 187 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 188 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 189 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 190 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 191 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 192 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 193 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 6 of 28 EXHIBIT B Waivers of lien Meridian City Council Meeting Agenda March 27, 2018 – Page 194 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 195 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 196 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 197 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 198 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 199 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 12 of 28 EXHIBIT C Independent testing agency report Meridian City Council Meeting Agenda March 27, 2018 – Page 200 of 493 12 February 2018 McCall Studios 407 E. 37th Street Boise, ID 83714 ATTN: Ken McCall Subject: Journey of Heroes Motion Sculpture—Fabrication Observation Lochsa Number: 174151.00 Dear Mr. McCall, As requested, a representative from Lochsa Engineering did visit the studio as the fabrication of the sculpture was underway. The material appears to comply with the requirements and the fabrication of the pieces was very clean and no noticeable exceptions were noted. The assembly of the pieces was skilled and precise. The welds were extremely precise and clean, with no obvious inclusions or errors. The fabrication and assembly is acceptable to Lochsa Engineering. The installation of the piece was also to Lochsa’s requirements and no exceptions were taken. Please let us know if you have any questions. Sincerely, Lochsa Engineering Dana M. Hennis, P.E., S.E. Senior Project Manager Structural Department Meridian City Council Meeting Agenda March 27, 2018 – Page 201 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 14 of 28 EXHIBIT D Artwork maintenance plan Meridian City Council Meeting Agenda March 27, 2018 – Page 202 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 203 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 204 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 205 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 206 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 207 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 208 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 209 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 210 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 211 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 212 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 213 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 214 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 215 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 216 of 493