Loading...
HomeMy WebLinkAboutAgreement for Purchase with Alicia Dyson for Meridian Road Overpass Public Art DesignAGREEMENT FOR PURCHASE OF OVERPASS PUBLIC ART DESIGN This AGREEMENT FOR PURCHASE OF OVERPASS PUBLIC ART DESIGN ("Agreement") is made this 3rd day of September, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Alicia Dyson ("Contractor"). (City and Contractor may hereinafter be collectively referred to as "Parties.") L SCOPE of SERVICES. Contractor has provided to City a design of overpass public art, as generally described in the Call to .Artists attached hereto as Exhibit A, and as generally depicted in the proposal attached hereto as Exhibit B, and by this Agreement Contt•aetor conveys all rights and interest to such Design and any and all components and derivatives thereof (collectively, "Design"). II. COMPENSATION. The total payment to Contractor for Design shall be two thousand five hundred dollars ($2,500.00). This amount shall constitute full compensation for any and all services, materials, and costs to be performed or furnished to City by Contractor. By 5:00 p.m. on Friday, September 6, 2013, Contractor shall provide City with a completed W-9 form and an invoice for the Design, which City shall pay within fourteen (14) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to ConUactor under the terms and conditions of this Agreement; payment of all taxes and other assessments on such sums shall be the sole responsibility of Contractor. III. CREATION, INTEGRITY, AND OWNF.RSHIY OF DESIGN. A. Waiver and relinquishment of rights. Contractor shall, and hereby does, expressly waive any and all right, title, or interest in the Design. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish any and all rights, title, and interest to the Design developed in connection with this Agreement, and hereby expressly waives any rights Contractor has to the Design, including, but not limited to, the rights afforded Contractors under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title ] 7 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of att<~ibution 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. The Design shall be a limited edition of one (1). Contractor warrants and represents that the Design purchased by City pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Contractor is the sole creator and owner of all rights in the Design and the design thereof. C. Ownership; copyright. Upon the Effective Date of this Agreement, the Design shall be owned by City. Contractor shall not make any claim to the copyright of the Design. D. Alteration; removal If any alteration occurs to the Design after installation, whether intentional or accidental and whether caused by City or others, upon written request of Contractor, City shall no longer represent such Design to be the work of Contractor. Other than as specified herein, Contractor specifically waives the right to claim any other remedy concerning the alteration of the Design as provided for under Idaho or federal law, whether by statute or otherwise. City shall have the right to move or remove artwork created using the Design from public display. PHRCHASF, AGREEMEN"r-OVERPASS PUBLIC ART DESIGN PAGH I oP 2 IV. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Paries that Contractor is an independent Contractor and not an employee, agent, joint venturer, or partner of City. B. Compliance with laW; venue. Tluoughout the course of this Agreement, Contractor shall comply with any and all applicable federal, state, and local laws. The Jaws of the State of Idaho shall govern the validity, inteipretadon, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. C. Severability. If any provision of this Agreement is found by a court of competentjurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. D. Notice. Any and all notice requited to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Contractor: Alicia Dyson City: Emily Kane, Deputy City Attorney 4141 W. Central Road 33 E. Broadway Emmett, Idaho 83617 Meridian, Idaho 83642 Either party may change its addressfor the propose of this paragraph by giving written notice of such change in the manner herein provided E. City Council approval required. The validity of this Agreementshall be expressly conditioned upon City Council ackion 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 3rd day of September, 2013. CONTRACTOR: ~ ~~~~~~~ Alicia Dyson CITY OF MERIDIAN: ATTEST: Mayor c"Y~f Jay~ee(~olman, City Clerk 1 -A ATTrr... ~_ 5 IOgNO JFR ~~ ,~ ~ ~'~d 9~~Ae i0.E1.5V0./ PURCHASE AGRBBMBNT-OVRRPASS PUBLIC ARTD&SIaN PAGE 20f 2 EXHIBIT A CALL TO ARTISTS Meridian ~ Commission Call to Artists -RFP Meridian Road Interchange Overpass Public Art Project PROJECT DESCRIPTION: The Meridian Road Interchange Public Art Project seeks to welcome motorists to Meridian with artwork on the new overpass at I-84 and Meridian Road, to begin construction starting in winter 2013. The Meridian Arts Commission (MAC) invites proposals for the conceptual design of artwork that could be affixed to approximately 200 feet of metal barrier railing bordering the pedestrian walkway, on both sides of the bridge (see attached diagrams). No utilities will be available. BUDGET: A budgeted amount of $2,500 is available to purchase the selected design. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. 1. Proposals accepted. To be considered for this project, eligible proposers must submit the following materials to MAC, by 5:00 p.m., on Monday, July 22, 2013, by e-mail to Brian McClure, bmcclureC~meridiancity.org: a. One-page cover letter including current contact information and brief description of the proposed concept, including passible material composition; and b. One (1) digital image (200 dpi; .jpg format) of the proposed conceptual design, scaled, and in 24 x 36" format. Responses that are not received by specified deadlines will be considered late and will not be considered. Any information submitted is subject to release to the public as required by Idaho Public Records Law. A digital rendering of the bridge elevation is available on the project website, and may be used in the proposal: http://www.meridiancity.org/meridianinterchange 2. Finalists selected. By Tuesday, July 23, 2013, a Selection Panel will convene and evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to five finalists, or may re-open the RFP. Eligibility and finalist selection criteria will include: a. Feasibility of installation at project site; b. Safety of design (artwork that would pose an unsafe distraction or hazard to vehicular traffic will be disqualified; morning and evening glare should be considered}; c. Consideration for complexity of installation, and attachment of artwork to barrier; d. Consideration for visibility (text facing the interstate would appear backwards to overpass users); e. Appropriateness of scale, design, material, durability, and maintenance for project site; f. Artistic quality of proposal; g. Consistency with proposed new interchange theme and aesthetic; h. Consistency with Meridian's character and values; and i. Contribution to aesthetic and cultural vitality and sense of place. Call for Artists -Meridian Road lnterci-ange Overpass Public Art Project Page 7 of 4 Additionally, the following requirements will apply to the installation of the selected artwork: • Artwork must at a minimum be installed on the outside of the barrier (side opposite of pedestrian facilities), but may also be installed on the interior (remembering cost and total weight). • Artwork must be able to adhere to railing with no more than a 6" offset from the railing panel. • Artwork must not use dissimilar metals that can cause galvanic corrosions, or be insulated from each other and the barrier/railing. • Artwork must not extend above, below, or outside the extents of the railing. • Proposed materials may not exceed 50 pounds per linear foot. 3. Public input collected. The finalists' proposals wilt be put on public view and comments will be collected online and at public forums from Wednesday, July 24, 2013 to Wednesday, August 7, 2013. 4. Final evaluation of proposals; artist selected. On Thursday, August 8, 2013, MAC will evaluate the finalists' proposals. MAC may recommend selection of one proposed design, or recommend that the RFP be reopened. Evaluation criteria will include the criteria set forth above, as welt as public input submitted regarding the proposals. MAC will forward its recommendation to City Council for consideration on Tuesday, August 13, 2013. Meridian City Council will consider such recommendation in making the final decision on Tuesday, August 13, 2013. The selected proposer and finalists not selected will be notified of the decision via e-mail by Friday, August 16, 2013. Agreement; award. Following selection, submission of W-9 form, and execution of a written agreement with the City (sample agreement available upon request to Emily Kane, ekaneC~meridiancity.org), the selected proposer wilt be awarded $2,500. Please contact Brian McClure via e-mail (bmcclureC~meridiancity.org) or phone (208-884-5533) with any questions. Thank you for your interest! Ca(1 for Artists -Meridian Road Interchange Overpass Public Art Project Page 2 of 4 0 c 'o a s E ' F E, a w D 0 V w V 7 E ~~ '~ :~., y1 .. ~} ~ 4 . ~ ~ A 0 . ~ ~ ~~ o n ~ ~°z g I ~ _~ „ JJ "f I I ~ n ` ~I ~ . ,F a t' r o ~, o e 1 rip i ~ 5 ~ J o o r ~ a Q Z Ez ~„ II ~ c ~~ I ~ ~~ C~, ~; ~rl'~ ~ ~0~ ~p5 O V E.c~t>; mm \ ~tl~ '< ~ .. i~ ties r. Ri ~.ti i ~/_ ~ i~ . ~ "~ I r_F®~ kt~s E or, } ~~ ~~ ~ r~F n d o gel ~ ~-. '''f F'.Cf i u,,, t. o I `' ~ . O ~r ~;- I, !~: _,. n f)r!) ~ `` ` / ~ _o-~ I. ' ~~ \ ,,r, 03 : ~ ~~ ~~Qb ~~ e o 1 \ °, ~ np ~ ~ j J , . ~ ^VOL NVIOILi3W ~ ~i o ~ u f n r~0 ~ ~ + 1 ~ ~ O o ~,c ~.I i ! ~ f ',~r '~ o e n.~~.j n Q r 1 yf c ~, -~, ti'- ri s ~ '.I < r'1~ w0 ~. I p ~s ~ y 5:?. ~` _ ~9a G ' i_ p e CIS .~c~ to H u <,; .<,,. p n ~n:~ mm0 =~fk ~ ~ '~ G ° > a a ~ r, o~ n ~ i a'x n O E_ ,~ I z I ,' ~ Z~ <I ;' ~ ~v~$; } CJ C] I I C I !_ ~ I n O ~ 1 U N Y v! (0 - O T rn ~~ E~ 1 cYmE v '~3 ~c~n a!~ q I ~ o ~~ ro ° N~ a m L c~ Q o v or ~~°:nt~..LU.,a~o~~~v w~aEi ocs c a y y w~ ~ ~ o ~ vi .u- m.~ mr 10 a~i E ~ U ' .~.. E E N 7 y m Yl N N Q I {' IU y ~~ G C ~ O~ O c t o~ . C OI 10 . ~ Q1 'a l6 W ui ~ ~' •`~arn~ma~ m~°rzUym`o avr7i ~7p~n.,, ~~ ~ `,/,,: c f0 C 01 W m W C ~-R srn , ~' OI ~ ?T lF .O of ~ ~ V :O > N N C C IL.J~ H vQ~ ~~++f~~yy(( •fn ~ N ~) C V to O = D_ •-• y N C ~ ~-/ ~/ ~~ 1"'. v° ma a v n n°~ v~ m °~ c ~ i /~ ~w _ ° U~ -p ~ 19 N .N„ C v O C~ N C S C v~~ v m m n ~, ~° ~ ~ vac j ; ~ cY ~~ mti or E w m v D a 1 .r`~ Omacco oav~m.aE cm0 i ~F,, ~ 'm 3 'a `7 a c c~ m c m° F- v c ago .~` m w ~~ n }~ v o o ~ ~ ~ I ± ~ ~ ~,R~~ ~~ ~E~cQ ~H~'F e a.c3o .p««9ti y c~ ~~~~ o~~~z zQ.¢ w EXHIBIT B ALICIA DYSON PROPOSAL Alicia Dyson 4141 W. Central Rd. Enlniett, ID 83617 (208)369-7090 yeesh922©yaltoo.com Jnly 23, 2013 To the 1vIAC: The proposed design will caphire the essence of the Snake River Birds of Prey Conservatiar. 1 want fo ^se the flow of the river to cotmect all pieces within the design, and use weathered metal and various patina finishes to capture the rustic wikiel~iess surrounding tlm natural habitak of the birds. The design evID be on both sides of the bridge with the sun either'S~ising" or "setturg" ur the corresponduig direction of the oncoming traffic (traffic traveling Eastwill see the s1m will be rishrp, in the right), The siffionettea of flee birds wilt be kept simple, but offer conh~ast The species and specific details of fire birds can be altered specific to the selected arHsE's preEerencc. The design will use 10 gauge cold rolled steel sheet meta] or sffiiilar. The sillronettes will be wafer jef cut and then distressed or hammered. Afterumrds a pa6aa wilt be applied and details ushrg a dark brown paint will be used to create the final piece. The pieces can be affixed using the sculphue mounting hardware design that is ht the attaclunents above. Also I have uiduded 2variations of nxy design, one wvitlr 2 mountahts on each side, and tlxe other wiflr only one mountain. The design is current with popular arl styles today, but also remains classic enough to not become dated. The finishes ensure miniural glare suet Eransitiou beautifully with flte surxmmdurg lazidscaye, while the silhouettes give the design a pleasing yet nmx clishacthxg visual. The construction of thu art usutg metal not only guarantees durability, but shength and cut only become more beauhhd with Hme. We would also like to be included mt your hid lisE for the fabricaEion and installation phase of this project regardless of whuf desigtr is se]ected. Thank you for your consideration, AhClfl 1)ys011 5 ~- ~i r- '~ cd cad ..~ 'C~ .~ s R>=t N Fat2~~5> N__ MciuR>'T f t\ic-_. 6?~r~cl.;S (`'~,.tGt..ll-}f. r~itpnV=~.1\Y51JI~}~ 7 I~LUG- wl"5l~ c~^(J,11VG-SERA