HomeMy WebLinkAboutUrban Rock Artwork at Discovery Park - Task Order TASK ORDER FOR FABRICATION AND INSTALLATION
OF DISCOVERY PARK ARTWORK: THE HOLE BALL GAME
This TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY
PARK ARTWORK: THE HOLE BALL GAME ("Agreement") is made this 18thday 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 UrbanRock
Design, a sole proprietor business 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 a proposal for Artist to submit a design for 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 The Hole Ball Game, a
four-part powder-coated aluminum silhouette sculpture, 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 Artist's
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 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 metal silhouette sculptures
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, in Meridian, Idaho, in
the specific location designated by the Meridian Arts and Culture Coordinator("Site").
Artwork design and installation 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.
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THE HOLE BALL GAME PAGE 1
II. COMPENSATION.
A. Total amount. The total payment to Artist for the design, fabrication, and installation of
the Artwork shall be forty-five thousand dollars ($45,000.00). This amount shall
constitute full compensation for any and all design, fabrication, installation, delivery, and
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 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,Engineering Approval, and Other Items:
$15,000.00 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. Fabrication of Artwork, Metal Cut, Prior to Welding and Powder Coating:
$7,000 shall be paid to the Artist within thirty(30) days of the submission of video, or
photos taken within the previous twenty-four(24) hours to the Arts and Culture
Coordinator, demonstrating metal is cut,prior to welding and powder coating of
Artwork, and confirmation 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.
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THE HOLE BALL GAME PAGE 2
3. Completion of Fabrication of Artwork: $15,000 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.
4. Installation of Artwork and Final Completion: $8,000.00 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;
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:
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.
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
TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:
THE HOLE BALL GAME PAGE 3
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 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.
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THE HOLE BALL GAME PAGE 4
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 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.
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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 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,
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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.
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,
TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:
THE HOLE BALL GAME PAGE 7
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.
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.
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THE HOLE BALL GAME PAGE 8
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.
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.
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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,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:
TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK:
THE HOLE BALL GAME PAGE 10
Russell Rock, Owner Cassandra Schiffler
UrbanRock Design Parks and Recreation Department
670 Moulton Ave, Studio 7 33 E. Broadway Ave. Ste 206
Los Angeles, CA 90031-3472 Meridian ID 83642
st even.c.j2arkcr(aigmail.com (208) 489-0399
cschifflcr(wmcridiancity.org
Either party may change her/its address for the purpose of this provision by giving
written notice of such change in the nianncr herein provided.
L. Exhibits. All exhibits to this Agreement are incorporated by refcrence and made a part
of hereof as if the exhibits were set forth in their entirety herein.
M. Cite 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:
Russell Rock,Owner P I o Z 3
UrbanRock Design
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor 7-18-2023 Chris Johnson,City Clerk 7-18-2023
TASK ORDER FOR FABRICATION ANC INSTALLATION OF Disco 'ERY PARK PUBLIC ARTWORK:
TIIF HOOF HALL GAME PAGE I 1
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EXHIBIT A
Discovery Park Public Art Project
Meridian Arts Commission
Meridian, ID
The Artists
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JEANINE CENTUORI RUSSELL ROCK
UrbanRock Design
Artwork
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Inspiration
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Inspiration
• Captures the ethos of Discovery Park
• Exciting
• Strong form as seen from afar
• Invites close inspection
• Provokes thought
• Creates an iconic meeting place
Qualities of Artwork
PROPOSAL
Site Plan
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Sculpture Model (from above)
Sculpture Model (eye level)
Sculpture Model (eye level)
Sculpture Model (eye level)
Sculpture Model (specific view)
Sculpture Model (specific view)
RAL 5015 SKY BLUE RAL 1012 LEMON YELLOW
Color Palette
ITEM AMOUNT
Professional Fees
Artist Fee (18%) $8,100
Structural Engineer $1,500
Fabrication and Material Costs
1"thick aluminum plate(4 pieces)-4'x 8' $7,500
Waterjet Cutting $4,000
Welding +Assembly $3,000
Powdercoating (2 colors+anti-graffiti top coat) $2,000
Miscellaneous Hardware-security nuts&threaded rods $500
Shipping (between shops) $500
Sign Element w/title and info $4,000
Site Work
Concrete Foundation $4,000 (our costs)
Crating and packing for Shipment $1,500
Shipping to Meridian, ID $2,000
Equipment Rental (extended fork lift) $1,500
Installation Labor $2,000
Travel (for installation) $1,500
Contingency $1,400
TOTAL $45,000
Budget
The Hole Ball Game
Drawing from the life of softball, this piece takes inspiration from actions of the game itself. The Hole Ball Game
presents fleeting silhouettes of a batter and a pitcher.
Silhouette of a batter and pitcher appear and disappear as one moves around the piece or catches glimpses
from various distances and view angles. These silhouettes are rendered as negative space within large colored
plates, so that when two contiguous plates align, the image becomes legible. The negative space between the
figures appears solid. At first glance, the colored vertical elements might appear to be abstracted monolithic
shapes. Visual tension is created by the vacillation of the in-between or negative and positive space. These 2
figures appear and disappear simulating the cadence of the game of softball. These vibrant plates depict the
dynamic forces of presence and absence. Sunlight intermixes with the viewer's movement, color, and shadows
to add another layer of change to the piece.
This static piece comprised of sentinel metal plates, is activated by the interaction of viewers along with the
changing nature of sunlight. Each encounter may yield new discoveries with The Hole Ball Game, making for a
series of enriching experiences. The subject of the piece is the rhythm and movements of softball.
Materials and Dimension
Each of four aluminum plates is about 4 feet wide x 8 feet high. The figures are roughly life-sized. The four
elements circumscribe an area of twelve by twelve feet. The aluminum plates are powder-coated with two
colors with a pallet that is uplifting and contrasting to the green lawn and concrete pavement.
Narrative
MATERIALS and MAINTENANCE REPORT
DIMENSIONS
Artwork occupies an area of 12 ft by 12 ft. Each of four pieces is about 4 ft wide by 8 ft high.
MEDIUM
1 inch thick 6061-T aluminum plate that is waterjet cut. Each piece is connected to a concrete footing with 5/8"threaded rods and bolts.
The piece has the following powder-coated colors:
• Tiger Drylac Color RAL 5015 and RAL 1012
CARE AND MAINTENANCE
Once applied, powder coating needs to be properly cared for,just like any paint. Powder used on exterior applications needs to be cleaned
2—3 times per year.
Pressure cleaning
The most efficient method of cleaning powder coated surfaces is with a pressure washer using filtered water under low pressure. Mild
detergent may be used, but do not use chlorine or harsh cleaning solutions. It is very important that low pressure be used in pressure
cleaning. If the pressure is strong enough to move the metal surface, it may be strong enough to damage the finish as well.Avoid using
unfiltered tap water or ground water when cleaning the powder coated finish,and pay attention to where the wind blows the water from
sprinkler systems. Unfiltered water often causes staining on outdoor products due to sulfur, iron oxide,chlorine,fluoride, and other minerals
commonly found in hard water or ground water in certain states. Only filtered water should be used to clean and rinse powder coated
products whenever possible.
Avoid Abrasives
Avoid harsh, abrasive cleaners such as steel wool and scourers. Treat the powder coating as you would treat your car paint.
MATERIALS and MAINTENANCE REPORT, Cont.
Avoid Solvents
Any use of a solvent-based cleaner will void any warranty that is issued. Where a solvent is absolutely necessary to remove materials from the
surface,such as adhesives,the weakest possible solvent should be used(e.g. methylated spirits,white spirits or 97%isopropyl alcohol). A small
and unobtrusive area should be tested prior to attempting to use solvents on significant surfaces. After removal of the surface contaminant,the
solvent should be dried from the film,and the area that has been wiped with solvent should be washed with a solution of mild liquid detergent and
then rinsed with clean water to ensure complete removal of any solvent residues. Under no circumstances should strong solvents be used.
Examples of inappropriate chemicals for cleaning or any contact with powder coatings are gasoline, kerosene,xylene,caustic cleaners(especially
kitchen and bathroom detergents)and paint thinners.
Always flush metal that has been exposed to cleaner with copious amounts of fresh clean water. If the local water is high in mineral salts,finish
powder coated metal cleaning with deionized water and/or a chamois.
Damage Repair
Where mechanical damage to the powder coating has occurred such that the substrate is exposed, it is certain that the underlying chromate film
has been damaged. In order to achieve the maximum corrosion resistance, it is necessary to replace the pretreatment. In some cases it will be
possible to apply a suitable chromate pretreatment on site, apply a suitable primer and repaint the damaged area in accordance with the
recommendations above. Where on-site application of a chromate pretreatment is not possible,the application of a high performance etch primer
to the aluminum is essential to the repair process. Application of a suitable touch-up paint is the only recommended method of damage repair.
Touch up paint is available, if necessary,through LVP Powder& Paints-https://www.lvppaints.com/ral-paint-standard-touch-up-aerosol-spray-
paint.html
CONTACTS
Public Artists
UrbanRock Design- Russell Rock and Jeanine Centuori
670 Moulton Avenue,#7
Los Angeles, CA 90031
323-227-0955
Metal Fabricator
Justin Phelps
Digital Design & Fabrication LLC
1640 Miller Avenue
Los Angeles, CA 90063
323-999-4933
Design Development 1 week
Engineering 1 week
Waterjet Cutting 2 weeks
Welding and Assembly 2 weeks
Powder-coating 1 week
Timeline
Shipping to Meridian 1 week
Installation 1 week
TOTAL TIME 9 weeks
EXHIBIT B
Revisions
i!•.� N�1�e Galt�a%�ie
\ -- f,-rl`he sic+htGnes vdhere _
\ saw cut control joint, by _
\ others, typ.
\ I
\ sign has (4)3/8" SS -
location of informational threaded rod tie-downs,
sign epoxy set into concrete 0 J —^
slab w/ Penta-Nut - vJ
security fasteners, typ.
sr ,.
a 18'-0"o concrete slab 3 (3) N
location of informational N
sign
60'-0"o grassy area _ CD
coc
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1'-4" _ . .
l 0— --se' edge of 60'-0"o grassy -- - _ _
--t r circle = —
AREA J iU ®aW ii®® s® �,�is - _
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AREA N v;
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Sign Axonometric COD
\ POWDER COAT SCHEDULE C)
\\ The Hole Ball Game Sign- RAL 6019 with anti-graffiti top coat a o
N
AREA M M
o.�
\ TIE-DOWN ANCHOR SCHEDULE
\� 3/8"-16 x 4" long 304 stainless steel threaded rods- 4 pieces
\ 3/8"-16o Penta-Nuts®- 4 pieces
Sign Installation Plan
1 Site Plan
(�)_Sca1�
1 1/2" = 1'-0"
1'-4"
Scale: 1" = 20'-0"
R 1/2r, 7 R 1/2"
UrbalnRock Design Fastener
2023
ffind the sSightdiness wheTe
1'-4" [batteT&pitcher become whole A Nut That Acts Like a Lock
Penta-Nut'"is the largest diameter security nut available and needs no washer. p�
The HECBae Budd Game water et cut, der - This high-security 316 stainless steel nut turns any bolt into a lock.
UrlbanRock Design ���k�B nrdvB ��� 1 powder �
n�i��®�aofln��ivU coated (RAL6019) 1/4"
2023 Es®s � •The deep socket allows overrun of bolt
find the sighettines where (B wisdw asnUtdgia Brit unit �p I t. plate aluminum, 5052
batter&pitcher become whole U U H32 •Cone shape repels locking pliers
�Boriw�rrsoa��v�r9a�iay u�88�� 'C
(D ; Compression ring binds and seals
Mari dicor C®mvniasi®eo Patents in U.S.and worldwide provides security Penta-Nut'"shown with deep
socket and Key-Rex'"bolt.
water jet cut, powder water jet cut, powder 5° 4$° water jet cut, powder cammisAoned wkh McTid°oan ATt •A secure Pentagon recess provides high torque capability
_ in Public Spares(MAPS)ffundss
coated (RAL6019) 1/4" M.P,.a;a" C®mm;.,;o. coated (RAL6019) 1/4" coated (RAL6019) 1/4" SECURITY LEVEL: 9
t. plate aluminum, 5052, commissioned with Meridian Art t. plate aluminum, 5052, water jet cut, powder 1-,A nisilbheM dNw benoieeirrPrrr®a t. plate aluminum, 5052, bend line
H32 in Public Spaces(MAPS)funds H32 coated (RAL6019) 1/4" abrvui(ZgAM)a-3afig2 aieduq ni H32
t. plate aluminum, 5052, iilll, o
Idn H32 ^� o
4"t. cone. slab, by 4"t. cone. slab, by Pentagon shape deflects A perfect solution for securing large Deep socket allows for Thin profile socket fits inside the Penta-
others, typ. others, typ. all known tools. items with concrete anchors. overrun of bolt. Nut which allows for incredible strength
and torque loads.
PENTA-NUT'"
(V Size Range
� Size Ranges US 6/32 through 7/8-9 Metric M4-M16 U
,I II O Thread Thread Metric Height Top Diameter Bottom Diameter Socket 'L
4 t. conc. slab, by 4 t. conc. slab, by I L_
others, typ. others, typ. M 6-32-1/4-20 M4-M6 .275(7mm) .50(12.7mm) .660(16.7mm) IGPNS25 O
5/16-18-3/8-16 M8-M10 .400(10.2mm) .745(18.9mm) 1.00(25.4mm) IGPNS37
7/16-14-1/2-13 M12 .500(12.7mm) .94(23.9mm) 1.25(31.7mm) IGPNS50 y
1/2-13-5/8-11 M14-M16 .600(15.24mm) .97(24.63mm) 1.375(34.92mm) IGPNS60
5/8-11-7/8-9 M16-M20 .725(18.4mm) 1.53(38.9mm) 2.00(50.8mm) IGPNS87
O
(4) 3/8"o 304 stainless (4) 3/8"o 304 stainless O
steel threaded rods w/ steel threaded rods w/ X
(4) 3/8"o 304 stainless 3" embed., fixed in (4) 3/8"o 304 stainless 3" embed., fixed in O },
steel threaded rods w/ place w/ Hilti HIT-HY steel threaded rods w/ place w/ Hilti HIT-HY U =3 ..
3" embed., fixed in 200-R epoxy, & 3" embed., fixed in 200-R epoxy, & U) (n
place w/ Hilti HIT-HY Pent-Nut® high security place w/ Hilti HIT-HY Pent-Nut®high security
200-R epoxy, & nuts, typ. �p 200-R epoxy, & 190. nuts, typ. bend line (�
U U
Pent-Nut®high security � Pent-Nut®high security •- --— -- --— -- — — - -�— _
nuts, typ. ---— nuts, typ. ----- - .........
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3 North Elevation (Front) of Sign 4 East Elevation (side) of Sign 5 South Elevation (back) of Sign 6 West Elevation (side) of Sign 00 o 0
00 WORLD'S MOST SECURE FASTENERS(800)558-1082 BryceFastener.com
Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" o c\vo
1 1/ " 1'-1 1/2" 1 17/ PA1
Sign Layout
Scale: 1 1/2" = 1'-0"
07-08-23