Ken McCall Public Art Project - Illuminations Renaissance Park ACCEPTANCE AGREEMENT
RENAISSANCE PARK PUBLIC ART PROJECT:"ILLUMINATIONS"
This ACCEVrANCE AGRE'EMLN-r is made this 7th day of April �("Ef occlive Date'),
by and lxt6vecn the City of Meridian,a municipal corporation organized under the laws of the State of
Idaho("C'ity'),and McCall Studios•I,I.C,a limited liability comlmnv organized under the la►►s of the
state of Idaho("Artist'). (City and Artist may hereinafter be collccti■cly referred to as"Parties,-)
WHEREAS,Artist has installed at Renaissance Park an an installation entitled
"Illuminations,"comprised of thrLe(3)large sculptures("Artwork"),
WHEREAS,on March 5, 2019,Cite and Artist entered into a Task Order for Renaissance Park
Public Art Project(-7ask Order") that includes a requirement that the parties enter into a mutually
al recd-upon acceptance agreement.and suhmit enumerated delivLrablcs,as condition of tie City's
I inal Acceptance:of the artwork designed,created,and installed by Artist pursuant to the Task Order:
WHEREAS,the Parks Superintendent and 13uiWinrt Official have inspected and do appnnc
the installation of the Artwork as both compliant with lhe'fask Order and structurally sound;
NOW,THEREFORE,for good and valuable consideration,the receipt and sul7 ieiency of
which is hereby,and in the Task Order,ackno►►]edged and agreed,and in consideration of the mutual
promises and covenants herein contained,the Parties agree as follows
1. 1D S, ti
Artist specifically hc7eby indenhnifies and saves and holds harmless City and its reslkcti►e employees,
clucicGd Officials, agents, guests, and/or business invitees, from am and all liabilities, ]uses,claims,
actions,judgments for damages,expenses,or injury to any person or to prolxrty arising as a result of;
A.Artist's failure,or the failure of any agent,employee,or subcontractor of Artist to exercise
reasonable care,skill or diligence in the performance of any work or scn ice under or related to
the Task Order and any and all addenda therelo;
B_Any breach of any representation,warranty or covenant made by Artist,or by any of Artist's
agent(s),employee(s),or subcoritractor(s);
C.Artist's infringement of or upon any intellectual pnrlx:rty rights,whether intentional or
unintentional,kno►%n or unkno►►n,including any copyright or Patent arising out of the
reproduction or use:in any manner of any images,plans,designs,drawings,specifications,
information,material, sketches,notes or documents created or used by Artist in the
performance of any►►ork or service under the"Task Order and any and all addenda thereto;
and/or
fl.The malfunction,breakage,or failure of the artwork,or any portion or component thereof,
created and installed under the Task Order and any and all addenda thereto.
Artist shall not lx reslxmsible for damages,expenses,or injury to any person or to property arising as a
result of►-andalixm,acts of(iod,or misuw of the Artwork.
1I.WAr►•tre.
Artist hereby waives and releases,on behalf of himself,his employees,agents,heirs,executors,
administrators,assigns,and/or personal representatives,any and al]claims and/or Fights for darnages
he now lees or may hereafter have against the City of Meridian and/or its employees,elected olTicials.
agents,guests,andlor business invitees,suffered in connection with or arising out of the Ivi-rormance
of any work or service under or related to the''ask Order. Exccpt as olhcrw ise expressly delinrrled in
lhask Order,Artist hereby waives any and all right,title,or interest in the Artwork andfor all items
created under,assembled pursuant.to,andlor other-wisc related to thc'lask Ordurr and any and ail
addenda thereto.
V
Attached to this agreement,pursuant to Section II.C_3 of the Task Order,are:
A. Exhibit A: Waivers of lien from all subcontractors and major materials suppliers
B. Exhibit B:Report from an independent testing agency approving construction, fabrication,
and installation materials and melhods
C. Exhibit C: Recommended maintenance plan for the Artwork
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effecli►e
Date first written above,
ARTIST:
cn McCall
Manager,McCall Studios LLC
CITY OF MERIDIAN:
BY:
Robert F._Simison,Mayor
Altcst:
Chris Johnson,City Clerk
Accm.r ANCE AGRrENJENT-1L4t)miNATiuxs AT RENALS.SANCE PARK t'As}r
Exhibit A: Waivers of Lien ' Print Form
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Project!Owner Contractor
Project. RENAISSANCE PARK tame: Pacific Steel
Address Address: 1900 20TH STREET NORTH
PO BOX 530
Contractor Licence'
Owner'
Contract Date: l NIA
TO ALL WHOM IT MAY CONCERN:
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to Dens against the above-mentioned project, and any and all other
property owned by or the title to which is in the name of the above-referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and all warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and/or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above-mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of liens may arise and exist.
The and i nP4 f> her hereby acknowledges that the sum of
PAff IN FU INVOICE 6953436 6954026, 6955957, 6987853
Dollars ($ Q,,335 35 ) constitutes the entire unpaid balance due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment ,n full and will fully satisfy any and all bens.
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Dated this 26 day of FFRUARY 20 20
Wit ess to Signature: '� ontractor
By
urpu�irl,, Tale: ,
M ;
• Cp� Page 1 of 1
�S City
fR
Print Font
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Project!Owner Contractor
Project: , r Name: 'f' > Fr..�-,
Address:
L Addre§,s:
Owner: � ,, ' - , ,L
Contractor Licence:
Contract Date: 1�� 1 ► 1 sr D
TO ALL 1 VHOM IT MAY CONCERN:
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to liens against the above-mentioned project, and any and all other
property owned by or the title to which is in the name of the above-referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and 0 warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and/or equipment, and the performance
of Work by the Contractor on or in connection with said project,whether under and pursuant to
the above-mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist_
The undersigned further hereby acknowledges that the sum of
Dollars ($ t5L#Z1 1. 7 S�' ) constitutes the entire unpaid balance due the undersigned in
connection with said protect whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Dated this �day of ;(3 . 20 '
� I T
INtness to Signatures Contractor
J '
Title:
Page 1 of i
Print Form
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Protect!Owner Contractor
Project: [Ek)i 5SR.Y1ce--la L._ Name- 60 S� r Air!
1,� 11 C ,
Address: __ -f Iras �. f :n 6kf, Address:
Owner:
Contractor Licence:
'
Contract Date: 1
TO ALL WHOM IT MAY CONCERN:
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives,discharges, and releases any and
all liens, claims, and rights to liens against the above-mentioned project, and any and all other
property owned by or the title to which is in the name of the above-referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and all warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and/or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above-mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist.
The under igned further hereby acknowledges that the sum o
allars( !a,5 7_154) ) constit es the entire unpaid b la due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Dated this IL day of 20 ,rj
Witne s to ' nature: � �� Contractor
�—���rn
By:
Title: t
Page 1 of 1
Nevada: (702) 365-9312
Idaho: (208) 342-7168 � Lochsa
Colorado: (720) 644-9246 - - -
•Alberta: (587) 774-9040
Exhibit B: Testing Report
2 March 2020
McCall Studios
407 E. 37th Street
Garden City, ID 83714
ATTN: Ken McCall
Subject: Renaissance Park Sculpture
Lochsa Number: 194112.00
Dear Mr. McCall:
Per our conversation, I have reviewed the photos of the welds on this project and find the
preparation and the welds are acceptable and appear to be of high quality. The fusion appears to
be good as well and the coverage of the welds. Lochsa takes no exception to the welds and
fabrication of this sculpture.
Please let us know if there are any further questions.
Sincerely,
Dana M. Hennis, Y.E., S.E. 4,9N�F OF �co
Sr. Structural Project Manager M. HE 3-, -20
Lochsa Engineering lochsa.com 1 (866) 606-9784
Exhibit C: Recommended Maintenance Plan
Public Art
Conservation Record
Date: February 27, 2020
Main Artist(s): Ken McCall
Address: 483 N. Quarry View Pl. Boise, ID 83712
Phone Number/Email: 208-850-7579 kmcca11335@gmail.com
Title of Work: Illuminations
Date Work Completed: January 13, 2020
Medium and Technique:
1. Principle materials used in fabrication describe in detail:
Powder coated steel and colored acrylic
2. If applicable, describe any electrical, plumbing or unique components used. Please
include warranties, supplier and operations manual:
N/A
3. Other materials used (screws, nails, glue, armature, etc.)
Stainless steel screws
4. Equipment used in construction (Cranes, lifts etc):
TIG and MIG welders, rollers, plasma cutter
5. Final work methods, describe in detail (cast, welded, modeled, assembled, etc):
If the piece has been cast, specifically how many have been and or will be produced?
Welded
6. Describe how final product and its surface/patina had been achieved and how
frequently surface should be considered for upkeep:
Primer, powder coating and clear coating
Wash with mild detergent and water annually
7. Protective coating and method of application:
UV clearcoat powder coating
8. Where and when was work completed? How long was work in progress?
McCall Studios—407 E. 37tn St. Boise, ID 83714
Winter of 2020
Longer than I wanted and less than I wished for
Installation:
1. Please describe installation procedure in case artwork needs to be reassembled due to
maintenance or relocation needs. Be specific about contractors, steps in progress and
machinery used:
Crane down to the ground,place horizontally on the ground, remove all exterior fins
and transport separately
2. If work is comprised of more than one piece requiring special assembly, please
supply documentation on how to install correctly (Photographs and drawings on
separate sheet clearly labeled):
N/A
3. Can piece be exhibited inside and outside (if relocated)?
Yes
Maintenance/Conservation Instructions:
Provide detailed instructions regarding the methods and frequency of maintenance for the
artwork (with observations about permanency and durability of materials and techniques).
1. Routine maintenance suggestions:
Check for lose hardware, and wash with mild detergent and water annually
2. Cyclical maintenance (less frequent and more extensive preventative measures):
None
Conceptual Information:
1. Provide conceptual information on the work, including subject, source and inspiration:
Illuminations celebrates the significant musical, scientific, literary and artistic
contributions made during the Renaissance. Each portal portrays an iconic symbol which
signifies the impact of each medium during this transitional period in European history;
the largest portal displaying the Vitruvian Man representing math and science, the
medium with the Creation of Adam portraying the fine arts, and the smallest with the
quill pen and the Stradivarius violin signifying literature and music. The structures of the
portals were influenced by Renaissance era architecture, with primary colored panels
blending together to make multiple colors that will cast beautiful mosaics on the ground.
The position of Illuminations will be engineered to radiate a marker on the ground
representing Spring Solstice, the beginning of spring, or revival - a corresponding
concept of the Renaissance, as it means rebirth.