HomeMy WebLinkAboutTask Order Mural Installation 611 N Main StreetTASK ORDER FOR MURAL INSTALL.A.TION., 611. N. MAIN STREET
This TASK ORDER FORMURAL INSTALLATION: 611 N. MAIN STREET ("Task
Order") is made this. day of gip, -, 2018 ("Effective Date''), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Solomon Hawk Sahlein, on behalf'of Sector Seventeen LLC, a limited liability company organized
under the laws of the state of Idaho ("Artist").
WIIEREAS, on December 19, 2017; Artist and City entered into a.Master Agreementfor.
Professional Services.- Mitral Design, Installation, and Maintenance ("Master Agreement"),, which
establishes terms and conditions. -under which City may invite Artist to provide services including
consultations, design, installation, maintenance, and repair of murals, pursuant to soparate project
task orders) setting. forth specific conditions, compensation amount, and scope of work; and
WHEREAS, on November. 21, 2017; 'City and the Meridian Development. Corporation
("MDC") entered, into a Memorandym. of Agrolemen.t for Contribution to Fublic Art Project:
Meridian Mill Mural; by which Agreement MDC provided funds to City for the purpose of
installation of a. public art mural at 611 N, Main Street, in Meridian, Ada County parcel no,
R5672000090 ("Property"); specifically,, on the south -facing exterior wall ofthe building located
thereon known as the Meridian Mill; and
WHEREAS, JCJ TIoldings, LLC, the owners ofthe Property ("Owners"), with City and
MDC, have worked witb Artist to create a mural design that exemplifies. the history and legacy of
the Meridian Mill, establishes- a. sense of place and local identity in downtown Meridian; and
beautifies public spaces; and Owners wish to allow Artist to install the mural, as designed, on the
south face of the Meridian Mill, pursuant to the. Public Art Easement Agreement entered into by
Owners and City on April 10, 2018,;
NOW,' THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOFF OF SEvvzcES. Artist shall install, on. the south face of the Meridian Mill, a large-scale,
painted mural installation as depicted in Exhibit A hereto (."Mural'), Artwork design,
fabrication., and installation, and Site Restoration shall comply in all respects with established
engineering standards, Idaho Standards for Public. Works Construction, all established policies
and ordinances of the City of Meridian, and the direction, of the, Meyid an Parks Superintendent
or his designee. Artist shall engage an independent testing agency to test and. inspect
construction materials and methods of installation. of Artwork. The salve duly qualified
engineer who prepares the construction drawings and structural calculations for the Artwork
may serve as the testing agency;, at Artisf.s election.
II. COMPENSATION.
A. Total amount. The total payment to Artist for services.renderedunder this Task Order shall
be thirteen thousand. dollars ($13,000.00), This amount shall. constitute full compensation
for any and all services, travel, transportation, materials, shipping; equipment, contingency,
commission,. artist fee, and costs of work, to be performed or furnished by Artist under this
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Meridian City Counvll Meeting Agenda April 10, 2018 — Page 123 of 166
Task Order.
B. Method of payment. Artist shall provide to City invoices for services and deliverables
provided pursuant to the payment schedule set forth herein, which City shall pay within
thirty (30) days of receipt. City shall not withhold any federal or state income taxes or
Social Security tax from any payment made by City to Artist under the terns and conditions
of this Task Order. Payment of all taxes and other assessments on such sums shall be the
sole responsibility of Artist.
C. Payment schedule. Artist shall be paid pursuant to the following benclnnarks:
1. Estimate: $6,500.00 shall be due to Artist within thirty (30) days of Artist's delivery of
an estimate of costs for paint and materials to be used in installation of the Mural.
Final Completion: $6,500.00 shall be due to Artist within thirty (30) days of upon Final
Completion, which shall be defined as:
a. Complete installation of the completed Mural, as confirmed by City and Owners;
b. Final inspection and written approval of the installation of the Mural by City and
Owners;
c. Artist's submission to City of a recommended maintenance plan for the Mural; and
d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the
City Attorney's Office, to include affirmation of Artist's indemnification of City and
express waiver of Artist's right, title, or interest in the Mural.
III. TIME OF PERFORMANCE.
A. Timeline. In the provision of sei vices and deliverables under this Task Order, Artist shall
meet the following deadlines:
1. By 5:00 p.m. by April 27, 2018: Artist shall deliver to City an estimate of costs for
paint and materials to be used in installation of the Mural.
2. By 5:00 p.m. by May 25, 2018: Artist shall deliver to City:
a. Completely installed Mural, as defined herein and as approved in writing by City and
Owners;
b. Written recommended maintenance plan for the Mural; and
c. Signed acceptance agreement.
B. Time of the essence. The Parties acknowledge that services provided under this Task Order
shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly
of the essence with respect to this Task Order, and that the failure to timely perfonn any of the
obligations hereunder shall constitute a breach of, and a default under, this Task Order by the
party so failing to perforin.
III. GENERAL PROVISIONS.
A. Master Agreement applies. All provisions of the Master Agreement are incorporated by
reference and made a part of hereof as if set forth in their entirety herein.
PROFESSIONAL SERVICES TASK ORDER— MURAL DESIGN AT MERIDIAN MILL PAGE 2 of 4
Meridian City Council Meeting Agenda April 10, 2018 — Page 124 of 156
B. Owner's and City's designated representatives. Stakeholders have vested in the following
representatives the authority to provide to Artist input and approval under this Agreement. Any
Stakeholder may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to Artist and to City.
1. Owner
Callie Zamzow, Manager
JCJ Holdings, LLC
czamzow@dynaiiiiteiiiarlceting.com
2. City:
Hillary Bodnar, Committees & Commissions Specialist
City of Meridian
libodnar@lneridiancity.org
C. City Council approval required. The validity of this Task Order shall be expressly
conditioned upon City Council action approving same. Execution of this Task Order by the
persons referenced below prior to such ratification or approval shall not be constrtied as proof of
validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Tefsk Order on the
Effective Date first written above,
ARTIST:
Solomon Hawk Sablein, Manager
Sector Seventeen LLC
CITY OF MERIDIAN:
C6Col ity Clerk
PROFESSIONAL SERVICES TASK ORDER— MURAL DESIGN AT MERIDIAN MILL PAGE 3 of 4