HomeMy WebLinkAboutProfessional Services Agreement with Delia DeLapp for Meridian Split Corridor Phase 2 Public Art ProjectP FESSI NAI.~ SE VICES AG E NT
eridian Split Corridor P ase Public Art Project Proposal
This PIZ FESSI NAI, E VICES AG E ENT for eridian Split Corridor tease
2 Public Art Project Proposal (hereinafter "Agreement") is made this 12th day of March, 2013, by
and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, (hereinafter "City") through the duly delegated Meridian Arts Commission and Delia
DeLapp, of Firefusion Studio (hereinafter "Artist").
E AS, through the Meridian Split Corridor Phase 2 Public Art Project, the Meridian
Arts Commission seeks to foster vitality and create a sense of place in the Meridian downtown core,
and to that end, the Meridian Arts Commission issued a Call for Artists, attached hereto as Exhibzt
A, which included a Request for Qualifications ("RFQ") seeking artists' qualifications for public art
installations;
E A, a selection panel including representatives of the Meridian Arts Commission,
Meridian Solid Waste Advisory Commission, Meridian Chamber of Commerce, Meridian
Development Corporation, Meridian Community Development Department, and the arts and
business community, reviewed the responses to the RFQ and selected Artist as one of three finalists
to create proposals in response to the Request for Proposals ("RFP") component of the Call for
Artists;
NOW, THE FO ,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, City and Artist agree as follows:
1. Scope of Services. By the time and in the manner set forth herein, Artist will create and deliver
to City one public art proposal (hereinafter "Proposal"), to consist of:
a. One typed narrative, including:
(1) A detailed description of the proposed public art installation(s) and Artist's approach to
the project;
(2) A detailed description of the ways in which the proposed art installation(s) will meet all
of the expectations set forth in the project description section of the Call for Artists,
particularly as to the requirements that the artwork a) promote recycling efforts and wise
use of energy and other resources, and b) incorporate recycled, reused or repurposed
materials;
(3) Projected timeline for completion of the proposed project; and
(4) Detailed budget for the proposed project, which budget shall not exceed ninety-five
thousand dollars ($95,000), which total shall include any and all project expenses such
as artist fees, materials, shipping, and installation costs.
b. A display presenting the Artist's proposal, in a professional format suitable for public
viewing on a table top in multiple locations, including:
(1) A model of the proposed project;
(2) Samples of materials proposed for use in the proposed project; and
(3) Astand-alone, bi-fold display board, no larger than 18 x 12 inches when open,
describing the proposal concept and the Artist.
PROFESSIONAL SERVICES AGREEMENT - MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 1 OF 11
2. Pay ent. City will pay Artist for services rendered pursuant to this Agreement in the total
amount of one thousand dollars ($1,000.00), which payment shall be made pursuant to the
following method. To receive payment for services rendered, Artist shall complete the W-9
form provided herewith and remit such completed form by 5:00 p.m. on March 6, 2013.
Following receipt of the complete W-9 form and execution of this Agreement by both Parties,
City will process such request and issue payment via check sent U.S. Mail to Artist within seven
(7) days. Payment of any and all taxes due and owing on such amount shall be the sole
responsibility of Artist.
3, elivery. Artist shall deliver the Proposal to City at the City Attorney's Office, 33 E.
Broadway Avenue, Suite 308, Meridian, Idaho, by 5:00 p.m. on May 13, 2013.
4. Loss of or damage to proposal. Artist agrees to bear any risk of loss and/or damage to the
proposal unless and until a member of the City Attorney's Office staff personally and physically
accepts custody and control of the proposal. In the event of loss or damage incurred prior to
city's acceptance of the proposal, Artist shall recreate or repair the proposal that was lost and/or
damaged at no expense to the City. In the event of loss or damage incurred following City's
acceptance of the proposal, the City shall provide Artist the opportunity to recreate or repair the
proposal that was lost and/or damaged, for which service the City shall remunerate Artist for the
actual cost of such recreation or repair, but in no event shall City pay Artist more than $200.00
for such recreation or repair.
5. Time of the essence. Artist acknowledges that services provided under this Agreement will 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.
6. Public display and comment. It is the intent of City to publicly display and seek public
comment regarding the proposal. Nothing in this Agreement, or otherwise, shall preclude the
right of City to remove the proposal from public display, whether temporarily or permanently.
7. Notices. Any and all notices required to be provided by either of the parties hereto, unless
otherwise stated in this Agreement, shall be in writing and be deemed communicated when
mailed by United States Mail addressed as follows:
If to City: If to Artist:
Meridian Arts Commission Delia DeLapp
Attn: Emily Kane Firefusion Studio
33 E. Broadway Avenue 2555 W. Breneman
Meridian, Idaho 83642 Boise ID 83702
Either party may change its address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
8. lZelationshi of Parties. It is the express intention of Parties that Artist is an independent artist
and is not an employee, agent, joint venturer, or partner of City. 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
PROFESSIONAL SERVICES AGREEMENT - MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 2 OF 11
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.
9. ndexnnificati®n and 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 except for liability arising out of concurrent or sole negligence of City or its officers,
agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any
and all claims, demands, damages, costs, expenses or liability arising out of Artist's
performance of this Agreement except for liability arising out of the concurrent or sole
negligence of City or its officers, agents or employees.
10. iscriminati®n prohibited. In performing services pursuant to this Agreement, Artist shall not
unlawfully discriminate in violation of any federal, state or local law, rule or regulation against
any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability.
11. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
12. 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.
13. Non-waiver ®f breach. A waiver of any breach of any of the provisions of this Agreement
shall not be construed as a continuing waiver of other breaches of the same or other provisions
hereof.
14. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell any right,
including the right to compensation, and/or duty arising hereunder without the prior express
written consent of City. Any subcontractor or assignee will be bound by all the terms and
conditions of this Agreement.
15. airs and assigns. This Agreement shall be binding upon the parties, their heirs, successors,
assigns, and personal representatives. All references herein to Artist and City shall include their
respective heirs, successors, assigns, and personal representatives.
16. Termination. If City determines that Artist has failed to comply with the terms and conditions
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, City may terminate this Agreement in whole, or in part, at any time, by giving
notice, in writing, to Agreement of any or all deficiencies claimed. Artist shall not be relieved
of liability to City for damages sustained by City by virtue of any breach 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.
PROFESSIONAL SERVICES AGREEMENT - MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 3 OF 11
17. Governing law. This Agreement shall be governed by the laws of the State of Idaho.
18. 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 12th
day of March, 2013.
AR'
Firefusion
CITY OF MERIDIAN:
BY: / v
Tammy de rd, Mayor ~GO~o~TEDq~~G~r,
1~
,-.. r1 ~ ~ CI~' O~
--- ~ ~ aoaKp~
~ s
q
Ja e o an y,~p `.~``
Citv Cle ~~'•• e~E~s~'f
PROFESSIONAL SERVICES AGREEMENT - MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 4 OF 11
PROFESSIONAL SERVICES AGREEMENT - MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 5 OF 1 1
p,
°-''~~~ r
~rE~~n ~ issi~n
°`
rii n li rri r ui r r j C
V RVI:
The Meridian Split Corridor Phase 2 Public Art Project intends to create vitality and a sense of
place by placing engaging works of art on two parcels bookending the City of Meridian downtown
core, in conjunction with the Ada County Highway District (ACHD)'s Meridian Split Corridor Phase 2
(MSC2) roadway project. This Call for Artists is a two stage process. The first stage is a request for
qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general
qualifications for the design, fabrication, and installation of public art. The second stage is a
request for proposals (RFP), in which up to three (3) qualified finalists will be invited to submit
proposals for the MSC2 Public Art Project.
LOCATIONS:
There are two locations designated for public art -the first on the southwest corner of Ada and
Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue. The
attached schematics illustrate parcel locations and dimensions.
PROJECT DESCRIPTION:
The artwork must promote environmental responsibility and sustainability, particularly as to
recycling efforts and wise use of energy and other resources, and should incorporate recycled,
reused or repurposed materials. The artwork should also take into account Meridian's history,
character, and values, as well as existing aesthetic improvements along Main Street. The artwork
must be appropriate for the project site, and its design, regardless of material or medium, may not
create an unsafe distraction to vehicular traffic. The artwork must be located a safe distance from
curbs and roadways and must conform to all applicable City and ACHD ordinances and policies,
including building and sign codes. Please note that while the north site may be accessed by
pedestrians, the south site has no sidewalks, and is not intended to be accessed by pedestrians; the
artwork at the south site should be of an appropriate scale and design to be appreciated by moving
vehicular traffic. Limited water and electrical utilities are planned for both sites. The City of
Meridian will collaborate with the selected artist to design landscaping of the sites that will
compliment the artwork.
LIIILITY:
Artists who are eighteen (18) years or older and living full time in Idaho or a state contiguous to
Idaho (Washington, Oregon, Nevada, Utah, Wyoming, or Montana) are eligible to respond. This
project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or
disability. Teams of artists, designers, and/or engineers are welcome to apply. Incomplete,
ineligible, or late submissions will be deemed ineligible and will not be considered.
U DT:
A budgeted amount of $75,000 is currently available for the selected artist's commission, which
amount includes materials, fabrication, and installation. The final budget may be higher.
O :
The evaluation and selection process will generally occur as follows; dates are subject to change as
may be necessary due to scheduling issues or other circumstances.
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 1 of 6
1. n. To be considered for this project, eligible artists must submit the following
materials to MAC by 5000 p.m. on Friday, February 1, 20130
a. ®ne-page cover letter including current contact information and references;
b. Resume, no more than two pages in length;
c. Ten (10) digital images (200 dpi; . jpg format) representative of artist's work on CD, DVD, or
thumb drive; and
d. Image catalog, including titles, dimensions, media, and dates of originals.
Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian
is a public agency: any information submitted is subject to release to the public as required by
Idaho Public Records Law.
. Finalists selected. By Friday, February 8, 2013, the Selection Panel will convene and evaluate
all responses to the RFQ. Following evaluation, the Selection Panel may select up to three
finalists, or may re-open the RFQ. Selection criteria will include:
a. Artistic quality of work represented in images;
b. Appropriateness of experience/expertise for proposed project sites; and
c. Professionalism and artistic experience represented in resume.
The Selection Panel may include representatives from MAC, ACHD, City elected officials and
staff, Meridian Development Corporation, and business and residential communities, as well as
arts professionals.
. RFP open to finalists. The selected finalists will be invited to prepare proposals in response to
this RFP. A stipend of $1,000 for preparation of the proposal will be available to each finalist
upon execution of a written agreement with the City and submission of a completed W-9 form.
To respond to the RFP, finalists must submit all of the following materials to MAC by 5:00 p.m.
on Monday, May 13, 2013:
a. Narrative;
b. Budget;
c. Drawing or model in a professional format suitable for public viewing; and
d. Material samples.
. Preliminary evaluation of proposals. By Friday, May 17, 2013, the Selection Panel will convene
to conduct a preliminary evaluation of the finalists' responses to the RFP. Following this
evaluation, the Selection Panel may forward the proposals for public input, or may recommend
that the RFQ or RFP be reopened. Preliminary evaluation criteria will include:
a. Quality of proposal;
b. Appropriateness and safety of proposed artwork for project site(s);
c. Incorporation of recycled, reused or repurposed materials;
d. Reflection of Meridian's commitment to environmental responsibility and sustainability;
e. Consistency with Meridian's history, character, and values;
f. Consistency with existing aesthetic improvements along Main Street; and
g. Contribution to aesthetic and cultural vitality and sense of place.
. Public input collected. As determined by the Selection Panel, the finalists' proposals will be
put on public view and comments will be collected at locations in the Meridian community from
Monday, May 20 to Friday, June 21, 2013.
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 2 of 6
. final vela tin f r oal; artist selected. By Friday, June 28, 2013, the Selection Panel
will convene to make its final evaluation of all responses to the RFP. Following evaluation, the
Selection Panel may recommend selection of one proposal, or that the RFQ or RFP be reopened.
Evaluation criteria will include the criteria set forth above, as well as public input submitted
regarding the proposals. The Selection Panel will forward its recommendation to MAC for
consideration on Thursday, July 11, 2013. MAC may accept or modify such recommendation and
forward its recommendation to Meridian City Council. Meridian City Council will consider such
recommendation in making the final decision on Tuesday, July 16, 2013. Selected artist(s) and
finalists not selected will be notified of the decision by Friday, July 19, 2013.
7. Selected proposal installed. Following selection, the selected Artist will fabricate and install
the artwork, in accordance with a written agreement with the City, and with the project's final
budget and timeline. A budgeted amount of $75,000 is currently available for the selected
artist's commission, which amount includes the cost of engineering, materials, fabrication, and
installation of the artwork. The final budget may be higher.
PROJECT TIMELINE:
December 12, 2012 Call to Artists (RFQ/RFP) issued
February 1, 2013, 5:00 p.m. Deadline for submission of responses to RFQ
y February , 2013 Selection Panel evaluates RFQ responses, selects finalists
February 11, 2013 Finalists notified, invited to respond to RFP
February 20, 2013, 5:00 p.m. Deadline for finalists' signed agreement with City and W-9 form
May 13, 2013, 5:00 p.m. Deadline for submission of finalists' proposals
By May 17, 2013 Selection Panel preliminary evaluation of finalists' proposals
May 20-June 1, 2013 Public input regarding finalists' proposals
By June 28, 2013 Selection Panel final evaluation, recommendation on proposals
July 11, 2013 Selection Panel report to MAC; MAC decision/recommendation
July 16, 2013 MAC recommendation to City Council; City Council final decision
y July 19, 2013 Selected artist and not-selected finalists notified of decision
July 31, 2013, 5:00 p.m. Deadline for selected artist's signed agreement with City
August 2013-May 2014 (approx .) Fabrication
May 2014 (approx.) Installation
This timeline is subject to change. Submitted materials must be physically received by MAC, at the
address below, by 5:00 p. m., on specified deadlines. Responses that are postmarked or en route,
but not received, by specified deadlines will be considered late and will not be considered. Artists
will receive all notification by letter sent via U.S. Mail.
CONTACT.
Mail or deliver applications to: Meridian Arts Commission
Attn: Emily Kane
33 E. Broadway Avenue, Suite 308
Meridian, Idaho 83462
uestions, via a-mail: Emily Kane
ekaneC meridiancity. org
Thank you for your interest!
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 3 of 6
Ft ~ , _ F i
._
,-;
v
~
,
1
~ ~
l j ~'
ij ' ~
'
~,:~f i_t;L.
_ f.-alai ~
t
.. ~
ill~t
'~
3
lk_`~
: `.4E ~.
~;
,. ..x..l+~
..
... ~.
r
i
_
-
i .r ~
, i ' , ,-,
k
E
.
sly
_
:..,.
y
,
..
F
c '~,
' I ~ ~ ~
~ '
t~ ~i ~~~i oC
~
..
' 9 '{L "~'Fk ~L] t3.f 4A hi~ ~i f8949~ i
' ~ -
i r
~
- c \.
'
~ r .
...
~Z
.c
F
9 ,
3
1 1.
~ 1
_ ; '_
.. ~
.. _,
. ~id~3.d d~6J'I~.i.18tiD ~~E~R3E~ .., ~
. .
~ ~ ~ ~
3 -
...
,...
:.
L
C f ~4'r
;: Jt~~~'L. t.i:lx~~~ 'L.IW- 7CCCL Yf"d~~~~13~~ iY~Lf;iF ~ - t-
~ y~
1 - ~ '~• y~
~ a •--'4 . ~
~
..
, _
kv`k'x~.~ 1 ..'
M
~ ~-
~~ ~ E ~ r "*
~
` k
j. - .' ,. ~ i~e; t 1 f~. -y
. ,.
__
i
~ . .1 ! ~ , ' ;
~. ~
.~~r
_,i,- ~,
s
. _
_ _
<~. ~; -
,::
~ .. ~~ ~ ~
,; .
~
,.
~ ~ i
- _ , 1-'-1
_
~° - - yeti
_. ~ ~
~.
.. ~ 1
-. t - ; ~ _~
~
g
~
ff
.~
~
i
,
j. i
_ ,
~ -~~
' ~ -
~ f~,
f I
€:
- _
+ '( -1 -
l i ~_ r
. ~, L
~ :t
_
~ -
,
i
~.
,~ i
i _
1 `
~ (~
~ . _
~~~
~' t
8sr;; ~" _ia ~
3. f
'~`
~
~ --~ ~ ~ ~ y ii
_ i
~ ~ t
u_ `
~ ~
- - ~ ~1
~, , ~a I
~~ ~ _
_~
'
- ' 3 ~. rid ~ - is
- ~. „_r, i ;
~ --F ~ v r.` , ~ ; r. z T
~ ..
.. Q ,
at
~~,
JJJ i~ ~"
,, ~
. ~r ~
_
~ ~~ :.
!. ,
~ - v
~j
! ~` F Ys:
45' T ! t f R'1.°~ t ~ I
-
~. =v so. ~' t ~u.
i
I ~-
~ ~
~
~
rL S I f. ~_ ~ ~
~~ ~
_ ~
t
e 1
x.31 ~ tij } 6 ` ~
~ ~ - ~ ` k
~ ~
_.
_ ~ W . KK
V } ~. `
,
v- -
c ~ _
.:,
~~i f lk:z:a,l[;:a ~ii~h~ !_ ~ t.:~;,~.,'Lt,4:i ~_3~iCI --.
... _. ~.
.f
~ ~.
~.,
-
_ ._ h _
-~
~ ~
-
~.
_
~
~1 ~
.. ,`
__
i
::
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 4 of 6
~,e,,~~
:r~`~
°~.~:
ra
f
~'~
Zi
~..
r
~^ I
4.....,..,.'<,
~.,
~q, .'
v~_
~j
L
' .
~i
..: ~.
t
~i
F......
g.
iy"
i
w
w
~ ,
l t ;
u
1
~'
p
~-
I II
YP:. ... .~... .... .. ..... ,:,._.
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 5 of 6
;,~.
~4 ~;'_
{~.ry
;,
~~g
.~„v""">:~.
,~°9!
~'.,
f„`-'
T~
££'
k.,
~:
~µ. .,
~'~
i`
p
4Y
:-
t
~ 1
A J
3
~ ((
1
,
.~
.~x
h ~~
E
I
., ~
w
~-n- E
~~
-f l
_...
I III ,
~ r..sv
~ 77
(p§E !'
i '
~. .: (j
E
i
r:
__ __ .,,
~~ ~~.
~,
~,
~ ~.~ ~~ ;~
~. ~ ~:,s
~., ..
~~~
~a, ~ p
„~~,
1 ~'
E}
ii
i
i £
~.. > €
i;
~~ K
3'
a
Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Page 6 of 6