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Home My WebLink AboutDaniel Borup Professional Services Agreement - Meridian Fire Station NO. 6 ArtworkPROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN FIRE STATION NO.6 ARTWORK This PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN FIRE STATION NO. 6 ARTWORK ("Agreement") is made this day of November, 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Daniel Borup, an individual whose address is 426 Walnut Street, Shelley, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of Meridian Fire Station no. 6, and to that end, issued a Request for Proposals ("RFP"), attached hereto as ExhibitA, to commission artwork to be installed at Meridian Fire Station no. 6; WHEREAS, in response to the RFQ, Artist has designed a bronze sculpture depicting a firefighter, as generally depicted in Exhibit B hereto ("Artwork"); WHEREAS, following the Meridian Arts Commission's and Meridian Fire Department's joint recommendation to the Meridian City Council that Artist's proposal be commissioned for installation at Fire Station no. 6, the Meridian City Council did adopt such recommendation at its regular meeting on August 13, 2019; and 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 one (1) bronze sculpture as described and depicted in Exhibit B, and shall install such Artwork in the location authorized by the City Project Manager, at Meridian Fire Station no. 6, located at 1435 W. Overland Road, in Meridian, Idaho ("Site"). Artwork installation 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 City Project Manager. Artist shall engage an independent testing agency to test and inspect construction materials and methods. II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be thirty-five thousand dollars ($35,000.00). This amount shall constitute full compensation for any and all design, fabrication, installation, or other services; travel; materials; shipping; contingency; commission; artist fee; and other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth PROFESSIONAL SERVICES AGREEMENT - FIRE STATION NO. 6 PAGE 1 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 2 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 Agreement. 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 benchmarks: 1. City Approval of Detailed Plan: $11,666.00 shall be paid to Artist within thirty (30) days of the City Project Manager’s approval of Artist’s detailed plan for fabrication of the Artwork and installation of the Artwork at the Site (“Detailed Plan”). The Detailed Plan shall include: a. Detailed project timeline; b. Digital rendering of the general location and positioning of the installation of the Artwork at Site; c. A plan for engaging an engineer certified in the state of Idaho to , review and stamp the drawings and structural calculations; and d. Plan for engaging an independent testing agency to test and inspect construction materials and methods. 2. Artwork Sculpture: $11,666.00 shall be paid to the Artist within thirty (30) days of Artists’: a. Submission to City Project Manager of final construction drawings and structural calculations for Artwork, reviewed and stamped by an engineer certified in the state of Idaho; and b. Completion of the sculptures prior to bronzing, as demonstrated to and approved in writing by the City Project Manager. 3. Final Completion: $11,668.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, in coordination with and as confirmed by the City Project Manager; b. Artist’s submission to the City Project Manager of a recommended maintenance plan for the Artwork; c. Artist’s submission to the City Project Manager of a report from an independent testing agency approving construction materials and methods; d. Final inspection and approval of the installation of Artwork at the Site by the City Project Manager and City Building Official; and e. Execution of a mutually agreed-upon acceptance agreement to include Artist’s indemnification of City; express waiver of Artist’s right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney’s Office and approved by Meridian City Council. Meridian City Council Meeting Agenda November 19, 2019 – Page 151 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 3 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., December 1, 2019: Artist shall complete Submission of the Detailed Plan to the City Project Manager. The City Project Manager shall review, request modifications as necessary, and approve the 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., March 27, 2020: Artist shall complete Artwork Sculpture and obtain written approval of same by the City Project Manager. The City Project Manager shall approve, or approve as modified, such sculpture within seven (7) days of Artist’s notice of such completion. Prior to issuing approval, the City Project Manager shall determine that the Artwork, as sculpted, is in keeping with Artist’s representations as set forth in the proposal set forth in Exhibit B. Non-material design refinements and/or improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., April 1, 2020: City Project Manager shall apply for 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; and permitting and inspection by the Community Development Department/Building Services Division. Artist shall provide any information to City Project Manager necessary to complete such applications. By this date, Artist shall also coordinate with the City Project Manager regarding placement of the Artwork. 4. By 5:00 p.m., April 10, 2020: With prior approval and all necessary permits and/or permissions, Artist shall be responsible for delivering the sculpture to the foundry to be bronzed. Upon delivery of the sculpture to the foundry, Artist shall notify the City Project Manager of same via e-mail. Artist shall immediately notify the City Project Manager of any delay that occurs or is anticipated to affect delivery of the sculpture to the foundry. 5. By 5:00 p.m., July 10, 2020: Artist shall be responsible for Final Completion. The City Project Manager may extend the date of Final Completion for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 6. By 11:59 p.m., July 14, 2020: 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 Agreement shall be performed in a timely manner. The Parties acknowledge and agree Meridian City Council Meeting Agenda November 19, 2019 – Page 152 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 4 that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. The Artist shall provide the City Project Manager and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, upon City Project Manager’s request. If during such inspection, or in the course of the approval processes required herein, the City Project Manager or City concludes that the Artwork or any portion or component thereof do 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 City Project Manager’s re-inspection, the City Project Manager 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. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City’s Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City’s employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork’ parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City’s cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION, INTEGRITY, AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist’s Final Completion and City’s Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the rights of reproduction, adaptation, publication, and display, except as otherwise permitted by this Agreement. Artist agrees to relinquish any and all rights, title, and interest to the Meridian City Council Meeting Agenda November 19, 2019 – Page 153 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 5 Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. Artwork shall be one of a limited edition of nine (9). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City’s Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City’s sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, other than the limited edition of nine (9) contemplated by this Agreement, Artist shall not create any new model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, Meridian City Council Meeting Agenda November 19, 2019 – Page 154 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 6 replica, copy, or reproduction. This provision shall not prevent Artist’s creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Use of City name. City hereby conveys to Artist permission to use City’s name in all forms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City’s rights of privacy or any other rights City may possess in connection with its commission and purchase of the Artwork. J. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist’s estate unless City so elects. K. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist’s proposal as set forth in Exhibit A. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or business invitees, occurring before City’s Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, Meridian City Council Meeting Agenda November 19, 2019 – Page 155 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 7 except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City’s Final Acceptance of Artwork, Artist shall procure and maintain, at Artist’s own expense, in an all-risk form with limits of not less than twenty thousand ($20,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City’s Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist’s insurance agent shall notify City immediately. E. Insurance to be obtained by Artist’s subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers’ compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City’s Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. Meridian City Council Meeting Agenda November 19, 2019 – Page 156 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 8 G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City’s option, become City’s property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14) days’ notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, Meridian City Council Meeting Agenda November 19, 2019 – Page 157 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 9 plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City’s option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist’s estate shall be relieved of any liability for damages sustained by City attributable to Artist’s default. City may reasonably withhold payments due to Artist or to Artist’s estate until such time as the exact amount of damages due to City from Artist or Artist’s estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist’s estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may Meridian City Council Meeting Agenda November 19, 2019 – Page 158 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 10 not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys’ fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. K. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Project Manager: Daniel E. Borup Stacy Redman, Facilities Project Manager 426 Walnut Street Public Works Department Shelley ID 83274 33 E. Broadway Ave. (208) 201-9340 Meridian ID 83642 danieleborup@gmail.com (208) 489-0374 s r e d m a n @ m e r i d i a n c i t y . o r g Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. Meridian City Council Meeting Agenda November 19, 2019 – Page 159 of 301 L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Daniel E. Borup CITY OF MERIDIAN: �� p,UGo P BY: Attest: All Tammy de rd, Mayor C Is -~ �ity �1A� \✓ `DAHo u SOPA' -�/ of PROFESSIONAL SERVICES AGREEMENT — FIRE STATION NO. 6 PAGE 11 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 12 EXHIBIT A REQUEST FOR PROPOSALS Meridian City Council Meeting Agenda November 19, 2019 – Page 161 of 301 Request for Proposals – Fire Station #6 Public Art Project Page 1 of 3 Call to Artists – Request for Proposals: Fire Station #6 Public Art Project PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Fire Department (MFD) invite artists to prepare proposals for a public art project that would be installed in front of Fire Station #6, which will be constructed at 1435 W. Overland Road and completed around March 2020. The public art at Fire Station #6 should be freestanding, safe and hazard-free, low-maintenance, durable, suitable for outdoor installation, visible from the roadway and welcoming to visitors at the facility. The selection panel is looking for proposals that are either gender inclusive or symbolic in nature (for example: bugles/trumpets, the Maltese Cross, etc.). The artwork installed at Fire Station #6 should feature imagery related to the work of MFD. MERIDIAN FIRE DEPARTMENT: The Mission of MFD is “to protect and enhance our community through professionalism and compassion.” Their Vision is “a premier organization recognized for providing a safe community through professionalism, innovative actions, and community involvement.” MFD is committed to the safety and education of the community it serves. MFD has four divisions: Operations, Prevention, Planning, and Administrative Support. More information about MFD and its related associations is online at https://meridiancity.org/fire/index.html. SITE DESCRIPTION: Fire Station #6 will be Meridian’s newest station, located in south Meridian. The site for the public art is in front of the station, between the front doors and Overland Road. The art will need to be installed into concrete near the flag pole. Electric power can be available, please specify if power is a component of your proposal. The image below was presented to City Council in December 2018. The concrete area near the flagpole is the general area where the artwork would be installed. Meridian City Council Meeting Agenda November 19, 2019 – Page 162 of 301 Request for Proposals – Fire Station #6 Public Art Project Page 2 of 3 ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley artists are encouraged to apply. Incomplete or late submissions will be deemed ineligible and will not be considered. BUDGET: A budgeted amount of $35,000 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. No stipend is available for preparation of initial proposals. Up to three finalists may be asked to participate in a second round of selection, including preparation of maquettes and presentation to a selection panel. In the second round, a stipend of $200 will be available to the selected finalists for preparation of maquettes and proposal presentations, following submission of a completed W-9 form and execution of a written agreement with the City of Meridian. 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 April 24, 2019. 2. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Friday, June 14, 2019, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to mac@meridiancity.org: a. A summary of the artist’s or team’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; c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc.; and d. Detailed project timeline, project budget with itemized costs. 3. Proposals reviewed. Selection panel identifies finalists. 4. Finalists notified. Agreement, stipend, prepare maquettes. 5. Finalist Proposal Presentations. MAC may invite the finalists to present their proposals and maquettes to the selection panel at a public meeting on Thursday, June 20, 2019. This presentation is tentatively scheduled to take place at 4:30 PM at Meridian City Hall. 6. Selection Panel Review. 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 of proposed artwork with City policy and community values. (20 points) Meridian City Council Meeting Agenda November 19, 2019 – Page 163 of 301 Request for Proposals – Fire Station #6 Public Art Project Page 3 of 3 7. Recommendation to City Council. The selection panel may select one proposed project to recommend to MAC. MAC will evaluate the proposals, considering the selection committee’s recommendation, the criteria set forth above, as well as any input from members of the public, the selection committee, or MFD submitted during the evaluation of the proposals. MAC will present its recommendation to Meridian City Council by Tuesday, August 20, 2019. City Council may approve the recommendation, reject all proposals, and/or recommend that the RFP be reissued. The selected proposer and others not selected will be notified of City Council’s decision via e-mail by Wednesday, August 21, 2019. 8. Agreement; award. Following selection and negotiation and execution of a written agreement with the City, the selected proposer will be awarded the project upon City Council’s approval. 9. Selected proposal installed. The selected artist will fabricate and install the artwork, in accordance with a written agreement with the City, and within the project’s final budget and timeline. ESTIMATED TIMELINE: □ April 24, 2019 Call to Artists (RFP) issued □ June 14, 2019 Deadline for submission of completed initial proposals □ By June 20, 2019 Selection panel meets to review initial proposals, select finalists □ By June 24, 2019 Finalists notified □ By August 8, 2019 Finalist presentations to selection panel, selection panel evaluation, recommendation determined □ By August 8, 2019 Recommendation presented to MAC for approval □ By August 20, 2019 MAC and MFD co-present recommendation to City Council □ By August 21, 2019 Selected and not-selected finalists notified □ By September 3, 2019 City provides selected artist with proposed agreement □ By September 18, 2019 Deadline for selected artist’s signed agreement with City □ By September 24, 2019 Agreement approved by City Council; signed by Mayor □ By September 25, 2019 Consultation with City Staff may begin □ October 2019 Fabrication begins □ Per Task Order Installation (Expected between February and March 2, 2020) Note: This Request for Proposals is an edited re-release. The original Request for Proposals was released in January 2019. The Meridian Arts Commission, city staff, and City Council agreed to re-release this edited Request for Proposals that includes the specific desire to receive gender inclusive or symbolic proposals. Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0399) with any questions. Thank you for your interest! Meridian City Council Meeting Agenda November 19, 2019 – Page 164 of 301 PROFESSIONAL SERVICES AGREEMENT – FIRE STATION NO. 6 PAGE 16 EXHIBIT B ARTIST’S PROPOSAL Meridian City Council Meeting Agenda November 19, 2019 – Page 165 of 301 Meridian Fire Station #6 Public Art Proposal 426 Walnut Street Shelley, ID 83274 www.danielborup.com 208-497-2250 daniel@danielborup.com  Meridian City Council Meeting Agenda November 19, 2019 – Page 166 of 301 To the Selection Committee, Thank you for this opportunity to submit a proposal for this public art project at Fire Station #6. I am excited about this project because if feel my work and expertise can greatly beneﬁt this project. I am also an Idaho native and grew up in Meridian so I feel great pride whenever I can contribute to the arts in my hometown. I have experience with several Public Works as evidenced in my resume; I have also been a ﬁnalist for various public art sculpture projects and have experience creating in depth proposals for various projects, which include making renderings and scale models, as well as itemized budgets. My experience in public art has allowed me to create art for speciﬁc locations including Libraries, Parks, City Halls, Fire Stations, and Police Stations. As an artist, I have been active and aggressive in shaping my career and helping others to cultivate an appreciation for the Arts. I hold a BA in Art Education with a minor in English from BYU-Idaho. I have been an art teacher at Shelley High School since 2009. Friendly and approachable, I communicate naturally with both youth and adults. I make it a point to include an educational element to every public work I undertake. If chosen for this project I wish to visit local high school classes in Meridian and talk to them about the project to raise awareness and inspire future makers and patrons of art. I am eager to use my experience and expertise to execute this project and see my proposal become a reality. Thank you for taking the time to consider my application. I look forward to hearing from you. Sincerely,  Daniel Borup Professional Artist daniel@danielborup.com www.danielborup.com 208-497-2250 Meridian City Council Meeting Agenda November 19, 2019 – Page 167 of 301 Proposal Description For This project I am proposing to sculpt a life size Fire Fighter at the ready with a ﬁre hose. The ﬁgure is wearing a mask so it is gender neutral. Exact placement is yet to be determined. I imagine it somewhere near the ﬂagpole but it is hard to know exact placement until it is on location and I can see how the environment and lighting effects the sculpture. Material: Bronze Dimensions: Life Size - About 6.5 feet tall from boots to top of helmet if the ﬁgure was standing. Probably around 4 feet 10 inches kneeling Maintenance: A detailed maintenance plan will be provided when the sculpture is installed. Bronze is one of the ﬁnest materials for public art. It not only looks fantastic but it is extremely durable with very little maintenance needed. It is recommended that a new coat of wax be applied to the sculpture at least once a year to keep the patina looking fresh. Edition: Due to the budget of the project and the expenses of creating a bronze sculpture I will be making this piece into an edition of 9 in order to make it worth it for me to do the project. The sculpture cast for this project will be the ﬁrst in the edition. To make it more unique to Meridian I will be sculpting the name “Meridian” on the front of the helmet. Proposal Images (Digital Renderings)  Meridian City Council Meeting Agenda November 19, 2019 – Page 168 of 301 Meridian City Council Meeting Agenda November 19, 2019 – Page 169 of 301   Meridian City Council Meeting Agenda November 19, 2019 – Page 170 of 301 Meridian City Council Meeting Agenda November 19, 2019 – Page 171 of 301   Meridian City Council Meeting Agenda November 19, 2019 – Page 172 of 301   Meridian City Council Meeting Agenda November 19, 2019 – Page 173 of 301   Meridian City Council Meeting Agenda November 19, 2019 – Page 174 of 301 Timeline September 2019 Agreement fully Signed by Mayor and Myself. First payment issued. September 2019 First Payment Received and Sculpting Begins. November 2019 Sculpture ﬁnished and Approved and second payment Issued. December 7, 2019 Second Payment Received and Deliver sculpture to Foundry February - March 2, 2020 Installation of sculpture and unveiling. March, 2020 Last Payment Received Itemized Budget Artist Fee & Labor $3,500 Labor $8,500 Foundry/Bronzing $19,000.00 Clay $200.00 Misc Supplies $500.00 Travel $600.00 Insurance $700.00 Contingency $1,000 Engineer Fee $500.00 Installation $500.00 TOTAL $35000.00 Meridian City Council Meeting Agenda November 19, 2019 – Page 175 of 301 Portfolio of past projects   Meridian City Council Meeting Agenda November 19, 2019 – Page 176 of 301  Title: Public Safety Memorial  Media: Bronze, Concrete  Dimensions: Life Size Date: 2018  Location: Police Department Building - Cedar Park, Texas  Description: This project is a memorial to Public Safety workers and includes 3 bronze plaques honoring 2 police ofﬁcers and 1 ﬁreﬁghter who died in the line of duty. I designed the piece to go on a 3 foot tall pedestal with 3 benches surrounding the pedestal to be used as a gathering place for viewers who wish to sit and contemplate. Meridian City Council Meeting Agenda November 19, 2019 – Page 177 of 301   Title: Bearers of the Maltese Cross Media: Aluminum  Dimensions: 8 ft. x 12 ft. x 6 in.  Date: 2017  Location: Fire Station #3 - Ogden, Utah   Comments: The history of ﬁreﬁghters is very interesting. The cross that ﬁreﬁghters wear on their helmets and uniforms is called the Maltese Cross. Named after the cross the knights of Saint John wore in Malta in the 1500’s. The story goes that as Malta was being attacked the opposing army was using a new revolutionary weapon of war... Fire. They ﬁlled glass bottles with naptha and drenched the army and the city with ﬂammable ﬂuid. When everything was sufﬁciently soaked they threw in their torches and burned many alive. The knights of Saint John took to saving everyone they could often sacriﬁcing themselves in the process. These knights became the ﬁrst ﬁre ﬁghters and the Maltese cross has come to symbolize the courage and responsibility ﬁre ﬁghters take upon themselves in their willingness to risk their own lives to help those in need. My design shows a knight of Saint John, a ﬁre ﬁghter from the 1800’s and a modern day ﬁre ﬁghter, Each bearing the Maltese Cross. Meridian City Council Meeting Agenda November 19, 2019 – Page 178 of 301   Title: Pillars of Ashton  Media: Bronze  Dimensions: 8ft. x 3ft. x 3ft. (Including 2ft. concrete base)  Date: 2018 Location: Pocket Park, Ashton, Idaho  Comments: Each side represents and activity commonly done in or around the city of Ashton Idaho during all four seasons. The background of each side shows a different landscape you will see when facing that direction. The bottom of the sculpture features mini sculptures sculpted by residents of Ashton making this sculpture truly about and a part of Ashton. Meridian City Council Meeting Agenda November 19, 2019 – Page 179 of 301   Title: Out on the Town Media: Bronze  Dimensions: Life Size Date: 2016 Location: City Hall - Meridian, Idaho  Comments: Growing up in Meridian, I had many opportunities to see my hometown through a child’s eyes. On many occasions, my older siblings and I would walk around town buying candy and ice cream and looking at toys. It was always a fun adventure. I hope this sculpture will encourage Meridian residents and visitors to enjoy themselves out on the town. Meridian City Council Meeting Agenda November 19, 2019 – Page 180 of 301   Title: Every Day a Double Header Media : Clay for bronze Dimensions: Life Size Date: 2019 Location: Saint Anthony Little League Baseball Fields Comments: This sculpture is currently at the foundry being bronzed. It will be ﬁnished and installed later this summer. Meridian City Council Meeting Agenda November 19, 2019 – Page 181 of 301 Title: Splash Media : Plastic, Fiberglass, Steal Dimensions: 5.5 Feet x 17 Feet x 4 Feet Date: 2012 Location: Coalville Public Library, Coalville Utah Comments:This sculpture was commissioned for the Teen Corner in the Coalville, Utah public library. The the mirror surface allows teens to reﬂect on themselves and the person they would like to be. They can view themselves branching out in the sculpture. Meridian City Council Meeting Agenda November 19, 2019 – Page 182 of 301