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HomeMy WebLinkAbout2-20-19 Task Order with Ken McCall for Illuminations FinalPROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 1 TASK ORDER FOR RENAISSANCE PARK PUBLIC ART PROJECT This TASK ORDER for RENAISSANCE PARK PUBLIC ART PROJECT (“Task Order”) is made this ___ day of February, 2019 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Ken McCall, on behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho (“Artist”). WHEREAS, on August 9, 2016, City and Artist entered into a Master Agreement for Professional Services: Park Identities Public Art Roster (“August 9, 2016 Master Agreement”), which establishes terms and conditions under which City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS, on October 12, 2018, City issued a Call to Artists/Request for Proposals: Park Identity at Renaissance Park (“October 12, 2018 RFP”), a copy of which is attached hereto as Exhibit A, inviting Artist and other artists on the Park Identities Public Art Roster to submit proposals for the installation of public art at Renaissance Park, a community park in south Meridian, located at 4155 S. Genoard Avenue, in Meridian (“Park”); WHEREAS, in response to the October 12, 2018 RFP, Artist submitted the proposal attached hereto as Exhibit B, proposing the installation of a work entitled “Illuminations”; WHEREAS, a selection panel comprised of members of the Meridian Parks and Recreation Commission and the Meridian Arts Commission reviewed the proposals and selected Artist’s proposal for recommendation to the Meridian City Council by the Meridian Parks and Recreation Commission and the Meridian Arts Commission, which both forwarded the same recommendation to Meridian City Council; WHEREAS, the City Council of the City of Meridian, following the recommendations of the respective Commissions, does find that proposed work “Illuminations” will further the public health and welfare by creating and enhance the overall park identity at Renaissance Park; celebrating music, science, literature, and art; and encouraging outdoor recreation and enrichment; 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. SCOPE OF SERVICES. Artist shall design and fabricate all components of the art installation entitled “Illuminations,” as depicted in Exhibit B (collectively, “Artwork”); shall install such Artwork at the Park; and shall restore landscaping and pathways to the same condition as prior to installation of the Artwork Site Restoration”). PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 2 II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be forty thousand dollars ($40,000.00). 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. B. Method of payment. Artist shall provide to City invoices for services and/or materials 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 terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. Artist shall file a WH-5 Public Works Contract Report with the Idaho State Tax Commission in accordance with applicable rules for same. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Detailed Plan: $20,000.00 shall be paid to Artist within thirty (30) days of the Parks Superintendent’s approval of Artist’s detailed plan for fabrication of the Artwork and installation of the Artwork at the Park (“Detailed Plan”). The Detailed Plan shall include: a. Detailed project timeline; b. Detailed, to-scale site plan for the installation of each and all components of the Artwork at the Park, prepared in coordination with the City of Meridian Park Superintendent; c. Plan for obtaining written licenses and/or permissions for the use of each image depicted on Artwork, if necessary; d. Plan for obtaining any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; and coordination with the Meridian Parks & Recreation Department regarding landscaping and utilities; e. Construction drawings and structural calculations for each and all components of the Artwork, reviewed and stamped by an engineer certified in the state of Idaho; f. Plan for engaging an independent testing agency to test and inspect construction, fabrication, and installation materials and methods (the same duly qualified engineer who prepares the construction drawings and structural calculations may serve as the testing agency, at Artist’s election); and g. Plan for Site Restoration following Artwork installation. 2. Fabrication of Artwork: $15,000.00 shall be paid to the Artist within thirty (30) days of completion of Fabrication of the Artwork, or all components thereof, as demonstrated to and approved in writing by the Parks Superintendent. 3. Final Completion: $5,000.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 3 a. Complete installation of the completed Artwork at the Park, as confirmed by the Parks Superintendent; b. Artist’s submission to the Parks Superintendent of a recommended maintenance plan for the Artwork; c. Execution of a mutually agreed-upon acceptance agreement, similar to the sample agreement attached hereto as Exhibit C for illustrative purposes only, to include affirmation of Artist’s indemnification of City and express waiver of Artist’s right, title, or interest in the Artwork, which agreement shall be prepared by the City Attorney’s Office; d. Written licenses and/or permissions for the use of each and all of the images depicted on Artwork, if necessary; e. Waivers of lien from any and all sub-contractors and major materials suppliers; f. Copy of WH-5 Public Works Contract Report filed with the Idaho State Tax Commission. g. Report from an independent testing agency approving construction, fabrication, and installation materials and methods; and h. Final inspection and approval of the installation of Artwork by the Parks Superintendent and by City of Meridian Community Development Services Department/Building Services Division, which may include, at the discretion of the Building Official, independent testing and/or inspections for structural soundness. III. TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: 1. By 5:00 p.m., April 30, 2019: Artist shall complete Submission of the Detailed Plan to the Parks Superintendent. The Parks Superintendent shall review, request modifications as necessary, and approve such Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. 2. By 5:00 p.m., October 1, 2019: Artist shall complete Fabrication of the Artwork and obtain written approval of same by the Parks Superintendent. The Parks Superintendent shall approve, or approve as modified, such fabrication within fourteen (14) days of Artist’s notice of such completion. Prior to issuing approval, the Parks Superintendent shall determine that the Artwork as fabricated is in keeping with Artist’s representations as depicted in Exhibit A. Non-material design refinements and/or improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., November 1, 2019: With prior approval and all necessary permits from the City, Artist shall cause the installation of the Artwork at Park, and shall schedule final inspection and approval of the installation thereof by the City of Meridian Community and Development Services Department/Building Services Division and the Parks Superintendent. Artist shall immediately notify the Parks Superintendent of any delay that occurs or is anticipated affecting the installation. 4. By 5:00 p.m., November 22, 2019: Artist shall be responsible for Final Completion. The Parks Superintendent may extend the date of Final Completion for a reasonable PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 4 amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written Task Order by the Parties. 5. By 11:59 p.m., December 11, 2019: Provided that Artist has completed Final Completion, as provided herein, City shall execute Final Acceptance of the Artwork, which shall be signified by City’s adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. 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 perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. C. Inspection. The Artist shall provide the Parks Superintendent with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline set forth above and the design as depicted in Exhibit B hereto, or as mutually agreed by the Parties in writing, upon the Parks Superintendent’s request. If during such inspection, or in the course of the approval processes required herein, the Parks Superintendent concludes that the Artwork or any portion or component thereof does not conform to the timeline or to the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non-conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non-conformity. If, upon the Parks Superintendent’s re-inspection, the Parks Superintendent concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City’s failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV. MAINTENANCE AND REPAIR. A. Standards. 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 Meridian 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 same duly qualified engineer who prepares the construction drawings and structural calculations for the Artwork may serve as the testing agency, at Artist’s election. B. Irrigation system repair. City shall be responsible for incidental irrigation system repairs necessitated by installation of the Artwork. Scanned with CamScanner PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 6 EXHIBIT A OCTOBER 12, 2018 RFP Request for Proposals – Renaissance Park Identity Public Art Project Page 1 of 2 Call to Artists – Request for Proposals: Park Identity at Renaissance Park PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Parks & Recreation Commission (MPRC) invite artists on the Park Identities Public Art Roster to prepare proposals for public art projects that create and/or enhance the overall park identity at Renaissance Park. The objective of the project is to create a theming element, or elements, that strengthen the park name and give the park a true identity and sense of place. This Request for Proposals (RFP) is being released at the same time as another park identity RFP for Champion Park. Artists may prepare proposals for one or both parks. Panelists are interested in seeing proposals that can be functional pieces in the park and/or that are highly visible to both park users and passersby. SITE DESCRIPTION: Renaissance Park is a neighborhood park in south Meridian at 4155 S. Genoard Avenue. The overall theme should be oriented toward the Renaissance era in some way. A pre-proposal conference will allow proposers to ask Parks staff specific questions and elaborate on context provided. Notes from the pre-proposal conference will be sent to those who intend to propose, in case they cannot attend the conference. ELIGIBILITY: This project is open to artists on the Park Identities Public Art Roster. BUDGET: A budgeted amount of $40,000 total is available for the completed project; this includes the selected artist’s commission, all costs including engineering, materials, fabrication, permitting, contingencies and installation of the artwork. A stipend of $500 will be paid to artists to develop and submit proposals, including all materials, time, and all other expenses to produce maquettes. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. Any information submitted is subject to release to the public as required by Idaho Public Records Law. 1. Call to Artists (RFP) issued October 17, 2018. 2. Pre-proposal conference. Thursday, November 1 @ 4:00 PM on site, by the Renaissance Park shelter at 4155 S. Genoard Avenue. 3. Notice of Intent to Propose due Monday, November 5 @ 12:00 PM. Submit a letter of intent, signed agreement to produce a proposal and presentation, and current W-9 (unless if you’ve already been set up in our payment system). Stipends for proposals will be submitted after presentations are delivered. 4. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Monday, January 7, 2019, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to mac@meridiancity.org: a. A summary of the respondent’s experience with similar projects b. Project proposal, including digital images (.jpg format) or drawings of the proposed conceptual designs or projects to be considered, and related maquettes. c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc. Request for Proposals – Renaissance Park Identity Public Art Project Page 2 of 2 d. Detailed project timeline, project budget with itemized costs, and schedule of work. 5. Presentations. On Wednesday, January 9, 2019, participating artists will present their proposals and maquettes in front of the selection committee at a public meeting. Each artist will have about 10 minutes to present, followed by brief Q & A. Presentations will be for both this RFP for Champion Park and for the RFP for Renaissance Park. This presentation is scheduled to take place at 3:00 PM at Meridian City Hall. (Please let us know if this date and time cannot work for you.) 6. Selection Criteria. Eligibility and finalist selection criteria will include: a. Adherence to the RFP; (10 points) b. Appropriateness of scale, design, material, durability, safety, and maintenance for project site; (20 points) c. Project proposal – demonstrated understanding of project objectives, ability to create artwork that addresses the context of its placement; and ability to meet or exceed the objectives; (30 points) d. Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be provided (the nature, quality, and relevance of similar completed work, including subcontractors, may include feedback from professional references; and 20 points) e. Consistency with City policy and community values; (20 points) 7. Evaluation of proposals; artist selected. The selection committee may recommend selection of one proposed project, recommend that the RFP be reopened, or reject all proposals. Evaluation criteria will include the criteria set forth above, as well as any public input submitted during the evaluation of the proposals. MAC and MPRC will forward their recommendation to Meridian City Council for consideration. The selected proposer and others not selected will be notified of City Council’s decision via e-mail by Wednesday, January 23, 2019. 8. Agreement; award. Following selection and negotiation and execution of a written task order with the City, the selected proposer will be awarded the project upon City Council’s approval. 9. Selected proposal installed. The awarded Artist will fabricate and install the artwork, in accordance with a written task order agreement with the City, and within the project’s final budget and timeline. ESTIMATED TIMELINE: October 17, 2018 Call to Artists (RFP) issued November 5, 2018 Deadline for Intent to propose January 7, 2019 Deadline for completed proposals January 9, 2019 Presentations, committee evaluation, recommendation determined By January 22, 2019 MAC and MPRC co-present recommendation to City Council January 23, 2019 Selected and not selected artists notified By February 13, 2019 Deadline for selected artist’s signed task order with City By February 19, 2019 Task order executed by City Council By February 20, 2019 Consultation with Parks & Recreation begins Spring 2019 Fabrication begins Per Task Order Installation Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0399) with any questions. Thank you for your interest! PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 9 EXHIBIT B ARTIST’S PROPOSAL PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 18 EXHIBIT C SAMPLE AGREEMENT PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 19 ACCEPTANCE AGREEMENT RENAISSANCE PARK PUBLIC ART PROJECT: “ILLUMINATIONS” This ACCEPTANCE AGREEMENT is made this ____ day of ________, 2017 (“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, on [DATE], Artist installed at Renaissance Park an art installation entitled Illuminations,” comprised of three (3) large kinetic sculptures and five (5) small trail markers, Artwork”); WHEREAS, on [DATE], City and Artist entered into a Task Order for Renaissance 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 as a condition of the City’s Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the Task Order; 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 mutual promises and covenants herein contained, the Parties agree as follows: I. INDEMNIFICATION. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as 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. PROFESSIONAL SERVICES TASK ORDER – RENAISSANCE PARK PUBLIC ART PROJECT PAGE 20 II. WAIVER. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Ken McCall Manager, McCall Studios LLC CITY OF MERIDIAN: BY: __________________________________ Tammy de Weerd, Mayor Attest: __________________________________ C.Jay Coles, City Clerk