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HomeMy WebLinkAboutSteven Parker, LLC Discovery Park Artwork Task Order TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: FANFARE This TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: FANFARE ("Agreement") is made this11thday 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 Steven Parker LLC, a limited liability company organized under the laws of the state of Texas ("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 to submit a proposal for a design of original interactive 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, 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 proposed the fabrication and installation of Fanfare, an interactive sculpture with reclaimed musical instruments and other materials, as generally depicted in Exhibit A hereto ("Artwork"); WHEREAS,project stakeholders representing 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 one (1) interactive sculpture as described and depicted in Exhibit A, and an informational sign as generally depicted in Exhibit B, and shall install such Artwork and sign at Discovery Park. 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 FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE I II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be fifty thousand dollars ($50,000.00). 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: I. City Approval of Detailed Plan,Engineering Approval, and Other Items: $17,000.00 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 installation of the Artwork at the Site ("Detailed Plan"); engineering approval; and a building permit application. The Detailed Plan shall include: a. Detailed project timeline; b. Detailed site plan for the location and positioning of installation of the Artwork at Site; c. Engineered, stamped plan for installation of footings and foundations; d. Plan for transportation of artwork to Site for delivery and installation; e. Plan for any site restoration regarding landscaping and utilities, if necessary; f. Plan for engaging an independent testing agency to test and inspect construction materials and methods, if necessary. g. Final construction drawings and structural calculations for Artwork,prepared and stamped by an engineer certified in the state of Idaho; h. Proof of application for a building permit from the City of Meridian Community Development Department/Building Division, and for any permits required by from the City of Meridian Community Development Department/Planning Division. i. Rendering or proof of the content of the informational sign to be installed with the Artwork. 2. Completion of Fabrication of Artwork: $16,000 shall be paid to the Artist within thirty (30) days of Artists' completion of fabrication of the Artwork and informational sign, as demonstrated to the Arts and Culture Coordinator and confirmed by the Arts and Culture Coordinator that the work meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A. 3. Final Completion and Final Acceptance: $17,000.00 shall be paid to the Artist within thirty(30) days of Final Completion and Final Acceptance. Final Completion shall be defined as: a. Complete installation of the completed Artwork and informational sign at the Site, in coordination with and as confirmed by the Arts and Culture Coordinator; TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 2 b. Artist's submission to the Arts and Culture Coordinator of a report from an independent testing agency approving construction materials and methods, if requested; c. Final inspection and approval of the installation of Artwork at the Site by the Arts and Culture Coordinator and City Building Official; d. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork; 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 Final Acceptance, which shall be defined as: f. Meridian City Council's approval and execution of the acceptance agreement; and g. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. 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: I. 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. Artist shall submit to the Arts and Culture Coordinator the final construction drawings and engineered structural calculations for Artwork and proof of application for any and all applicable building and planning permits. By this date, Artist shall also coordinate with the Arts and Culture Coordinator to determine placement of the Artwork at the Site. 2. By 5:00 p.m., September 8, 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 29, 2023: Artist shall be responsible for installation of Artwork at the Site. The Arts and Culture Coordinator may extend the date of installation 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 a written 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 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 3 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 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. 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 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 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 4 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 one (1). 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, 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 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 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 5 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 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 installation 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: 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. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 6 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 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 TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 7 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,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 FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE 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. 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. 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, TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:FANFARE PAGE 9 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: Steven Parker Cassandra Schiffler Steven Parker LLC Parks and Recreation Department 12026 Wycliff Lane 33 E. Broadway Ave. Ste 206 Austin TX, 78727 Meridian ID 83642 steven.c.parker(a mail.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. ARTIS teven Parker CITY OF MERIDIAN: BY: Attest: Robert E. 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I .. •..Tr t- C� 1 '�, .�. •' - � '• '=1 '"'•� i `�'Tf t +,' ♦ 1, � •I• r �,� *"�,.-.`D� �i/ 1 L •�� •_ • ff.L;'irk - �} , - '� ^. � � .7�`•�T .� �-1� - •�. ,� _ . n••. /, J•^+t 1. . >� s /A ( 1 wI ar. i , r* . +•3 i• !' R "•- t • ! r 1! •_ ••c "73L _t •T:t • !, ` +i .(w. ' jr"C1tt1 ! ,!/ r '• `) t>'•• +1 � :.{ `.'i :R + ;f,,£I r 't . �, I ', �� ^'1 ,V.}"'s' +•,p�c.� `r-► ` 4. ,X���w.^ -`�' ''}?�T _`� •,.`:•! ; ```. '1►. ' ' r�'i` t t+� r {� !'' M. - \a .! +•�:� �i�v ? �. J ti ..�••f y�1,'('.�i � 1 ♦_r�•r'a � �•'. _. � ' � .a�: �. r 'lf r� � .. t• � � , , �. _ ♦ � : � _ L � Design : Fanfare ............. .................... FANFARE NARRATIVE •���=;;:;�r:: - Fanfare is an interactive sculpture that works likes a telescope for your ears. Modeled after obsolete acoustic locators of the 1930s (pictured here in B&W photos), Fanfare is made from reclaimed and repurposed brass instruments that have been outfitted with additional tubin and brass headphones. The brass instruments reference the whimsical bells of antique "squeeze bu�" horns found on bikes in the 19th century. - - Rather than produce music, these sculptures highlight and amplify existing sounds that are already present. To use the sculpture, a passerby simply places their ear up to the brass headphone along the main sculpture support and listens. When used, the object helps a person focus their listening on - - --.- — - -� specific, far away sounds that they may have been otherwise ignored. This project aims to help people engage in the simple, yet profound act of intentional listening. Additionally, it aims to heighten public awareness of the rich natural soundscape of Meridian. Meridian possesses a dynamic and constantly changing soundtrack: at any given moment a person can hear the songs of migrant birds, the undulations of insects, and other living creatures. Listening more attentively can bring our senses into greater focus. T My sculptures are made from durable steel and brass, suitable for any climate. All sculptures are ADA compliant, intuitive, and suitable for people of all ages. _ r T \� Rotations T � � '8 1 it Dimensions w Vinyl coated aircraft cable reclaimed brass instruments strapped to frame Materials Reclaimed brass Hot rolled steel Copper pipes & fasteners square tubing 1.5"x1.5" Hot rolled steel Vinyl coated steel aircraft cable High performance enamel paint Timeline copper pipes! 3/5" diameter Final Design completed : 2 months after contract executed hot rolled steel Stamped engineering plan : 6 weeks Square tubing srxs' Fabrication of artwork: 4 months Artwork installed : 2 days { - - I Concrete pad 18" above grade - please refer to engineering design UPPER SPLICE REFER TO 3/S1.1 LJJ o TUBE AND FOOTING t� �� H5Slx7x3f8x1'-0" H55fix6x1/4 a z 1 4 12"CD i 4 ��—"„ #4 x[a 12" O.C. (7) 5 EA WAY d EA. SIDE 10 z= TOOLED CORNER TUBE I TYP. TUBE AND BASE sv N N I M 3/4" CHAMFER ON _ HSS6x5x1/4 VERTICAL EDGES, TYP. 1/4 HSS7x7x3/8 ' 3" CLR. 3" CLR. I SLEEVE 1p N it FIN_GRADE TUBE AND BASE SPLICE COORD. SSE ; ELEVATION W/ DESIGNER 3/4"x15'x15` 3/4"0 A307 #5 EA. WAY wf (4) 1"0 x 2'-5" 2" TYP. ERECTION BOLT F1554 (GR36) ANCHOR ROD 1f4 �IfhX SQ. 1 DETAIL 2 DETAIL 3 DETAIL 3/4" = 1'-0. FOOTING 1 1/2" = 1'-0" BASE R & ANCHOR RODS 314" = 1'-4" UPPER SPLICE CONNECTION 1/2"x8"x8" BRG R W/ (4) 518"0 x 5" EMBEDMENT HILTI KWIK HUS — EZ CARBON STEEL SCREW ANCHOR N 2 1 1 J2- TYP. 4' " V LL d� OUTSIDE EDGE OF FOOTING 4 DETAIL 3/4" = 1'—O" BEARING PLATE Foundation Desin g FEES quantity cost/item Artist Fee(20%) $10,000 Structural engineer $5,000 Documentation $500 SUBTOTAL FEES $15,500 TRAV Roundtrip airfare $500 Lodging(according to GSA rates) 7 167 $1,670 Per diem(according to GSA rates) 7 64 $640 SUBqMTAL T;7V'1 $2,810 Sculpture frame(materials&fabrication) 1 14000 $10,000 Assembly&straps $2,290 Salvaged brass $2,000 Brass fabrication $4,000 Copper pipes&fittings $1,000 Stainless steel aircraft wire $900 SUBTOTAL FABRICATION $20,190 INSTALLATION Transport of Artwork(Austin to Meridian) $6,000 Footing installation&installer labor $2,000 SUBTOTAL INSTALLATION $8,000 OVERHEAD General Liability $1,000 SUBTOTAL OVERHEAD $1,000 ALL EXPENSES SUBTOTAL 47500 5%contingency 2500 GRAND TOTAL 50000 BALANCE W 0 EXHIBIT B