HomeMy WebLinkAboutColin Selig, LLC. Discovery Park Artwork Task Order TASK ORDER FOR DESIGN, FABRICATION,AND DELIVERY
OF DISCOVERY PARK ARTWORK: WILDLIFE BENCHES
This TASK ORDER FOR DESIGN, FABRICATION, AND DELIVERY OF DISCOVERY
PARK ARTWORK: WILDLIFE BENCHES ("Agreement") is made this11 thday of
July , 2023 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), and Colin Selig LLC, a limited
liability company organized under the laws of the State of California("Artist"). (City and Artist
may hereinafter be collectively referred to as "Parties.")
WHEREAS, City desires that public art will be a component of the phase II construction of
Discovery Park, and to that end, requested that Artist submit a proposal for functional bench seating
artwork to be installed at Discovery Park;
WHEREAS,Artist and City have entered into a Master Agreement for Professional
Services: Park Identities Public Art Roster("Master Agreement"), which establishes the terms and
conditions under which City may invite Artist to provide services including consultations, design,
delivery, installation, maintenance, and repair of artwork,pursuant to separate project task order(s)
setting forth specific conditions, compensation amount, and scope of work;
WHEREAS,Artist designed, and proposed the fabrication and delivery of Wildlife Benches,
a series of four functional powder coated steel benches, as generally depicted in Exhibit A hereto
("Artwork");
WHEREAS,project stakeholders including the Meridian Parks and Recreation Department
and the Public Art Committee of the Meridian Arts Commission evaluated proposals submitted and
selected Artist's proposal for recommended installation;
WHEREAS, on June 8, 2023, the Meridian Arts Commission reviewed the Artist's
proposal, and recommends to the Meridian City Council that Artist's proposal be commissioned for
full design, fabrication, and installation;
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, fabricate, and deliver four(4)powder coated steel benches as described and
depicted in Exhibit A, and shall provide all hardware and instructions to install such Artwork at
Discovery Park, in Meridian, Idaho, in the specific location designated by the Meridian Arts and
Culture Coordinator("Site"). Artwork design, fabrication, and delivery shall comply in all
respects with established industry and engineering standards, Idaho Standards for Public Works
Construction, all established policies and ordinances of the City of Meridian, and the direction
of the Meridian Arts Commission, the Meridian Parks and Recreation Department and the Arts
and Culture Coordinator.
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE I
II. COMPENSATION.
A. Total amount. The total payment to Artist for the design, fabrication, and delivery of the
Artwork shall be twenty-five thousand dollars ($25,000.00). This amount shall constitute
full compensation for any and all design, fabrication, delivery, and other services; travel;
materials; shipping; contingency; commission; artist fee; and any and all other 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 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: $8,000.00 shall be paid to Artist within thirty(30)
days of the Arts and Culture Coordinator's approval of Artist's detailed plan for design,
fabrication, and delivery of the Artwork, and installation of the Artwork at the Site
("Detailed Plan"). The Detailed Plan shall include:
a. Final Design;
b. Detailed project timeline;
c. Recommended plan for installation of footings and foundations; and
d. Plan for transportation of artwork for delivery.
2. Completion of Fabrication of Artwork: $9,000 shall be paid to the Artist within thirty
(30) days of Artists' completion of fabrication of the Artwork, which shall be defined as
confirmation of fabrication with live video, or photos taken within the previous twenty-
four(24) hours, demonstrating completion, and confirmation by the Arts and Culture
Coordinator that the work is complete and meets the standards set forth in this
Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A.
3. Delivery of Artwork and Final Completion: $8,000.00 shall be paid to the Artist
within thirty(30) days of Delivery of Artwork, which shall be defined as:
a. Delivery of the completed Artwork, in coordination with and as confirmed by the
Arts and Culture Coordinator;
b. Final inspection and approval of Artwork by the Arts and Culture Coordinator and
Meridian Parks and Recreation Department; and
c. Artist's submission to the Arts and Culture Coordinator of a recommended
maintenance plan for the Artwork;
d. 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; and
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 2
e. City Council's adoption of a resolution indicating that the City accepts the delivery
of the Artwork as designed, fabricated, and delivered.
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.,July 14, 2023: Artist shall submit to the Arts and Culture Coordinator the
Detailed Plan. The Arts and Culture Coordinator 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., September 15, 2023: Artist shall complete fabrication of the Artwork and
obtain written approval of same by the Arts and Culture Coordinator. The Arts and
Culture Coordinator shall approve, or approve as modified, the Artwork within seven(7)
days of Artist's notice of such completion. Prior to issuing approval, the Arts and
Culture Coordinator shall determine that the Artwork is in keeping with the standards set
forth in this Agreement and with Artist's representations as set forth in the proposal set
forth in Exhibit A, with the limited exception of non-material design refinements and/or
improvements.
3. By 5:00 p.m., September 22, 2023: Artist shall be responsible for the delivery of
Artwork to the Meridian Parks Shop at 1700 E Lanark St, Meridian, Idaho 83642. The
Arts and Culture Coordinator may extend the date of delivery of Artwork for a
reasonable amount of time only if such delay is due to circumstances and events beyond
the control of Artist or pursuant to written mutual agreement by the Parties.
4. By 11:59 p.m., October 13, 2023: Provided that Artist has completed Final Completion,
as provided herein, the Parties shall execute Final Acceptance of the Artwork.
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 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. Upon the Arts and Culture Coordinator's request, the Artist shall provide the
Arts and Culture Coordinator 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 A hereto or as otherwise mutually agreed by the Parties in
writing. If during such inspection, or in the course of the approval processes required herein,
the Arts and Culture Coordinator 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 A 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
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 3
address and correct any non-conformity. If,upon Arts and Culture Coordinator's re-
inspection, the Arts and Culture Coordinator 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 in 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.Artist expressly waives any and all right, title, or
interest in artwork and other products created pursuant to this Agreement or project task
order. Artist does not waive any right or interest protected by a patent issued to Artist by the
U.S. Patent and Trademark Office on or before the effective date of a project task order, so
long as, prior to execution of same, Artist provides to City written notice of the patent and a
copy of same. Artist understands that this waiver shall include waivers of the exclusive
rights of reproduction, adaptation,publication, and display. Artist specifically waives the
right to claim any remedy concerning the alteration of any artwork or product created
pursuant to this Agreement or project task order. Artist agrees to relinquish any and all
rights, title, and interest to artwork or products developed in connection with this Agreement
or project task order, and hereby expressly waives any rights Artist has to same, 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. 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.
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 4
B. Territorial exclusivity. As to the Design(s) actually installed, Artist shall grant the City
territorial exclusivity within the entire State of Idaho and other States within two hundred
(200) miles of Meridian city limits. Artist shall retain all rights, title, and interests in
Designs that City elects not to install.
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, 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, 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 delivery, 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. 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
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 5
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.
J. 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
delivery of the Artwork, and other obligations as outlined in Artist's proposal as set forth in
Exhibit B. 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, 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:
I. 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 delivering 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 fifty thousand($50,000), and any deductible not
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 6
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.
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.
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 7
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,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.
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 8
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 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.
L 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.
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 9
K. Notice. Day-to-day communications between Artist and the Arts and Culture Coordinator
may occur by telephone. 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 or upon sending via e-mail, addressed as
follows:
Artist: Arts and Culture Coordinator:
Colin Selig, Owner Cassandra Schiffler
Colin Selig Sculpture LLC Parks and Recreation Department
1547 Palos Verdes 9315 33 E. Broadway Ave. Ste 206
Walnut Creek, CA 94597 Meridian ID 83642
infokcolinselia.com (208)489-0399
cschiffler*meridiancity.org
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.
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:
Colin Selig
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor 7-11-2023 Chris Johnson, City Clerk 7-11-2023
TASK ORDER FOR DESIGN,FABRICATION,AND DELIVERY
OF DISCOVERY PARK PUBLIC ARTWORK:WILDLIFE BENCHES PAGE 10
r -
N
W i I d I i f e B e n c h e s Art Proposal for Discovery Park Colin Selig
� 1
h
#oil
1p
Trout Bench Trout Bench Hawk Bench Hawk Bench
Objectives: Design Concept: Placemaking: Capacity&Dimensions:
Two pairs of mirrored wildlife In phase one construction native As functional objects benches Designed so that children can sit or
benches will serve as whimsical species are emphasized in the create a sense of place by offering a climb on the armrests,these
and functional sculptural children's play area.These spot in space for one or several benches have seats that are 50"
elements that strengthen the benches continue that theme. related people to sit and relax. wide,enough room for two to three
park's identity as a place of Based on a shared set of Paired benches offer additional people.They will be 33"tall by 30"
learning,exploration and hemispherical armrests,the advantages for social interaction, deep with total widths between
discovery.Their bright colors bring backrests have shapes which either among strangers or those 84-90". All openings will meet head
a sense of vitality and playfulness. references trout and hawks. with larqer families. entrapment standards.
Repurposed from salvage steel
propane tanks,they are eco- Colors:
friendly. -
RAL3020 RAL5018
EXHIBIT
l d l i f e B e n c h e S Art Proposal for Discovery Park Colin Selig
Material: - Repurposed:
-Fe - Regionally sourced scrap steel The tanks are carefully dissected and
propane tanks are abundant the parts reassembled with no
s t�,
due to strict regulations additional reshaping of the material,
limiting their service life. a process with a minimal carbon
footprint.
Durable: Comfortable:
Made from curved steel with a wall --� fi The combination of curved seat
thickness of 1/4 inch,a very sturdy - and curved backrest provides
h` good lumbar support for a wide
structure is created when the parts — range of body sizes,an
are seam welded together.A quality
powder coating seals the structure � ergonomic improvement over
traditional metal benches with
from the elements. flat seats and tilted backrests.
Maintenance:
Powder coat is a very durable surface that requires minimal maintenance
beyond a periodic wipe down with soap and water to remove dust,grime,
bird droppings,etc. It is designed to stand up to environmental conditions
such as direct sunlight,fog, rain and snow. For public art commissions a high
quality architectural grade super durable powder coating over a zinc rich
epoxy primer is a tough and graffiti resistant coating.The coating should last
10-20 years,after which the objects can be re-coated at a relatively minimal
cost.Waxing helps extend the life of the coating.
Trout Bench front view
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin S e I i g +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Trout Bench rear view
zoo"
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Trout Bench additional views
r
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Hawk Bench front view
r
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Hawk Bench rear view
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Hawk Bench additional views
I
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
Precedent Work
Or Ind a , California
Jill%
Key West , Floridawk
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +1.92 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek, California 94597
Budget
Four Benches
raw material 2,400
fabrication: labor and studio supplies 7,800
powder coat 2,800
crating 1,200
truck freight 2,800
installation (using local installer) 1,000
artist design &project mgmt fees 4,000
insurance&engineering costs 1,000
contingencies 2,000
-N*
total 25,000
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597
timeline
Process Duration
Fabrication 8- 10 weeks
Powder coating (subcontractor) 3 weeks
Crating& Delivery 3 weeks
Installation 1 day
Discovery Park Public Art Proposal , City of Meridian , ID
www.colinselig.com
Colin Selig +@cola 457.5060
infocolinselig.com
1547 Palos Verdes#315
Sculpture + Site Furnishings Walnut Creek,California 94597