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Professional Services Agreement with C.J. Rench CJR Design for Split Corridor Phase 2 Public Art ProjectFIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERH)IAN SPLIT CORRH)OR PHASE 2 PUBLIC ART PROJECT This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT ("First Amendment") is made this 7th day of January, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and C.J. Rench, on behalf of CJRDesign, an assumed business name registered with the State of Oregon ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the Pazties seek by this First Amendment to modify the November 12, 2013 Professional Services Agreement for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project ("November 12, 2013 Agreement"), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PAYMENT SCHEDULE MODIFIED. Section B.B. of the of the November 12, 2013 Agreement shall be modified to read as follows: C. Payment schedule. Artist shall be paid pursuant to the following benchmazks: 1. Submission of Detailed Plan: 3S 000.00 shall be paid to Artist within thirty (30) days of submission to the City's Project Manager ("PM") of a Detailed Plan for fabrication of the Artwork and installation of the Artwork at the Site, which Detailed Plan shall include: a. Detailed project timeline; b. Plan for obtaining any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office; c. Plan for obtaining any and all necessazy permits or approvals from Ada County Highway District for the installation of the Artwork; d. Site plan for the installation of the Artwork; and e. Construction drawings for the Artwork reviewed and stamped by a certified engineer. 2. Fabrication of Artwork: 3S 000.00 shall be paid to the Artist within thirty (30) days of completion of Fabrication of the Artwork, or all components thereof, as demonstrated to and approved in writing by the PM. 3. Final Completion: 25 000.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the PM; b. Artist's submission to the PM of a recommended maintenance plan for the Artwork; c. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City and the Ada County Highway District and express waiver of Artist's right, title, or interest in the Artwork, which agreement shall be prepared by the City Attorney's Office; FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLrL CORRIDOR PHASE 2 PUALIC ART PRDIECT PAGE I aivers of lien from an and all sub-contractors and major materials suppliers, as d. w y approved by Meridian City Council; -and . lion and a royal of the installation of Artwork at the Site by the PM and by e. Final mspec PP ' of Meridian Communit Development Services Department, Bu~ld>ng Services City Y ' ' ' which ma include, at the discretion of the Building Official, independent special Division, y testing and/or inspections for structural soundness. D~ONAL PRUV~-SIUNS. The Parties agree that except as expressly modified by this First II. No AD en au ravisions of the anginal November 12, 2013 Agreement shall remain in full farce Amendm t, p and effect. Na other understanding, whether oral or written, whether made prior to or ntem oraneousl with this First Amendment shall be deemed to enlarge, limit or otherwise affect co p y the o ration of the November 12, 2013 Agreement or this amendment thereto. ~ WITI~~;S ~VHERE4F, the parties shall cause this First Amendment to be executed by their dui authorized officers to be effective as of the day and year first above written. y IN yVITN~;SS wHEREE(IF, the parties hereto have executed this Agreement on this 7th day of January, 2024. Alt T: r C.J. Reach, RDesign STATE 4F O CON ) ss~ County of ) I HEREBY RT'ib"Y that on this ....,~ day of , 201 before the undersigned, a Notary Public in the State offlregon, personally app~'.ared C.J. Reach, proven t4 me to be the person who executed the said instrument, and acknowledged to me that she executed the same, IN wI7~S WHEREOF, I have hereunto set my b and affixed my official seal, the day and year in rti - t e 'tten. B pFF1CIAt SEAM otary Public fo RAC} P RYHUCK ~ Residing at '~ Qrego ~f~TARY PU~I.~C-0REGON Commission Ex Tres: oor~~~~s~oNNO.4~ My p ~~ Nnr co~s~~s 9~~ LION ~' CITY BY: nr ....~.~~.~w.,~v~~ v~rmw dull t8, GUIb OF MERID Tammy deJ ~ rd, Mayor v FIRST' AM~NDMIIaNT TO PROFESSIONAL S~tVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF N'IERII)IAN SPLIT CORRIDOR PHASE 2 PUULIC ART PROJECT PAGE 2 EXHIBIT A November 12, 2013 Agreement FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 3 ~ ~ r , .., .;...~ ~~~,V~~"F~4 A~~~~~~r ~"~~~ :~°A.~~,A'~`~~~ ABU ~~ a'~A~..;A~ ~ ~~ ~~~~.~~~ :~ _.. °.Y :, • ,, ~~, ~ ~~tv~-~~t~ the C.~~t c ,~ ,.. , t~i~ ~ ~~ ~~~ ~.~ctt~~er, x}13 ~ ~~f~~:c.:t~ve Dt~t~. }. b~ ~~~~ b~ ~ • ~ ~ ~ ~~ ~: Mc:}~ ~:.~rat~c~n car ~ ~~ni~e~ ~.~n~~~~ the ~~ c~~ the ~t~te cif` _Ic~ahc~ { t~ }~ ~~ . ~.nc:h, can heha~l' c~~ ~.~.~i n~ ~~n a~~~~~~n~c~ bu4~~~~.s~ nscn~~~~ ~e~,~~tere . ~~ .. ~~ , ~,, .. ;~: ° Y ~~ `~~t ~ ~~~r~c Art&~t ~~4~~~ her~a~n~.~t~xr ~~ t~~~~~~~t~r~rel~ r~~en~~~~ tc~ ~t~ ~;~c.t~c~~° ~ Ar~~~t ~. ~ ~ .~. ., ~~ . , .,~ ., , r ~ w ~~rt F~1:~ he a cc~n~ ~z~a~nt c~` the c~r~.ian `~p~t C"~~ri~ '~N~.~;~, the C.~~ty c~~~~r+~~ th~:~t ~uh~~~ . Y~ ; ~ :,..~ ~ ~ ~ ~ ~~ thc~ 1cric~i~n ~~~:~ ~~~~mm~~~~c~~~ ~~~ue thy: C~~~,1 ~c~r A~.~~t4 att,~eh~~ ra~c~~~~~~ ~rc~~c.~.t ~~~~ t~ th~~t ~n~, . a ~ °~ ~ ~'r~~1~r'~~r ~~, ~n ~c~u~;ht ~~~ti~t~~ ~~.~~ii~L~tic~~~~ ~`c~r u~~ceakin~ uhl~c~ ~~ ~zc~~~et h~.et~~ a ~, r ~e~e~t.:c~x~ a~~~~l, ~~~~~ i~e€~. c~:f r~re~ent.atir~r~:s cat' the ~~~•~c~ian ~.~h~~r~b~r ~~ . ~ ~•~e t:he ~eric~.~n~ Arty ~~c~mm:~~~c~n (`~~A:~''~, t~~e ~c~t~~~ 'a~t~ ~,~~~~~~ ~~~~~r~~~~~~c~n. ~' •. ~ , .~ ~~ent ~.~~~~ a4~t~.c3n, ~w~r~, ~~~~:~t`. a~~~ the a~, l~u~~.~~e~~, an~~ ~e~~~ent~~~ ~~c~~~un~tt~~; ~° ° x . ~ ~ ~ ~, the ~:c ue~~ ~~:3~~ ua.f`ic~~~~}n~ c~~?~~np~n~nt fi the ~~1.fMc:~~ ,~i.~~~, ~.~~ ~el~~tc~~i ~~~ ~e~~.c~ the rc~~~n~~~ t~ ~ .~~.~~t a4 one ~~~' t~~~ee tna~it~ t~~ c~e~~te ~~ r~c.~~~~ Y A:~ti~t c~•e~~~t~~ the ~~~ ~~~~ ~~~ a ~~~:e~:~ cif ~~~tv~lc~k en.t~t.ei "toner ~hc dun anc , ,~ ~°~~~~th in ~~~~~~~ ~ hereto ~,:~~t~°t~~~"~, stn. ~~c~~~c:3~vi~~ ~t ~u~~~ c~r~~~~~~nt ~~~°~~~ci> the ~r•~n~~n. ~~~ yet ° , ' ~ v tu:~t~~~~~ ~ .~.~•t.i~t' ~ rc~ ~~~;~~ ~ a~~~ ~~~' ~ ~•e~~~~~~~rne~~.~~~t.i~n t~~ the .~e~r~.c~tr~~n ~t~x ~' ~' r ~-t'~ ~~ ~c~~al ~e ~~eec~ tee, the ~~~~~f~~~~~ ~it~° ~'~~unG did ~.c~~~ ~;ue~ ~~~c~n~~a~enct~tl~~~ ~..~un~,~~ th~~t Art p ~ ~ ~~t its re ~r~~~:~• n~eet~~~ ~~n ~~~t.c~he~° ~ . Zf,)~ ~ a~ ' "~~~~~.~'{~ ~`c~r ~c>c~~ ~n~ v~~~~~~he fr~c~n~iert~~~~, the r~eet~t ar~~ ~uf~f~ic:ic~n~~~r ~~t r ` ~h ~ here t ac~.nc~~°t~f~ ~e n~ ~~~•~~~, ~~nct ~ n c~c~~~~~.~~°tic~n ~ the rnut~a t~r~~~~~ ~e~ a~~ct cave Lint ~ h~~ ~ he~e~~ ec~~t~.i~~ec~~ the ~~rt~e~ ~~r~;e a~ °~~~:tc~~f~: ` ~ ~ °~ l t~e~~~~~ ~.n~ `~:hr~ic~~~te the Art~~c~rk~ ~~~ e~crhe ~~nc~ ~e~.fwt~~ ~~~ ,~x~rf~tf .~ ~:c~~ ~h~~~t Art~:4t ~. h~ ~ . .: ~ ., ~t~°c:~~~: ~~t ~~.~hi~:~ .~~t ~.~~~~:~ti~~n ~c~~.~thw the t~•~.~:~~~~~r ~a~-cep c~~ fan{~ at tie ~~~te~°~ect~c~ ~~~~ ~n~t~l~ ~~.~c..h. A ~i~~ ~nc~ ~~~~n ~Stre~pt~ ire leri~iat~s tc~:~~:~, ~~h~~h ~~~-e~~ ~, h~r~ter~~ ~n the t~c~h hY ~.~~~ ~"t.ret, can A~ the. ea4t h ~ ~t~in t.r~t~t, ~~nc~ ~c~t~thu~Ye~t h~ the c~~-~~~~c~~~er ~~r~n~~ ~~~~r~ ~atrc~et: t:c~ ~4~er~~f t~~n ~~~~~~ "~ite''~q a4 ~uLh site i~ c~neraly ctc,~c,t ~h~~ f~~~_~~,c. ~ c~~` the ~~ ~~~~ Art~~t~ `rt,~. ~i ~~, ~~~,~:~•.ic;~t:~c~n, ~~nc~. ~n~t.~~lt~tic~n c~i` the A~~t~~r~ ~h~t~ ~~~~~~1 ~n ~~~ re~~ect~ ~v~th ~~~~ c~t~li~h~~. e~~~~~n~erin~~ ~t~t~~ar~5~ ~~~~~ ~tat~~l~~r~~ ft~~~ uh~~e '~c}r~~ 'c~~~~tru.c~i~~~:a+~ ~~nc ~~ °,~ ,~tbl~i~t~~~ ~~t~eie~ ~n~~ ~~rdn~~n~:e~ c~~' ~h~~ ~~`~t~~ c~~' ~~.eriia~~ ~n~ the Ac~a ~"c~unt~ t~~~~h~~~~~ ,~~tr~c;t° ~.~t~ ~ ~'~~ ''at~~ ~a~~~nt~ The t~~t~:t~ ~4~yn~~~r~t tc~ A.rti~t (`car the c~~~~i~,~n, fi°~~h~~ic~~ti~~n, ~n~~ ~.n~t~1~~t~n c~:~" tie ~~.t~tv~-c~r~~ ~h~~ll he ~~~~`~,t~t~(~•~~t). ~`~~~~ ~n~~a~nt ~h~~'l~ c~c~n~t:tute i'c~~~ e+~~n~en~~~t~~~n :~~c~r ~nys ~n~i alb. ~~~x-~~~ee~, rnt~tc~ri~:~~~;, a~~c~ {; f:}~~.~ tt~ he ~~`~c:~rn~e~ t~~" f~urn~~h~;c~: h~~ ,¢~~~t~i. ~~~I:I)1~~ ~S~'t:~(~~ ~..+f,}~~Zl~~I~3{~~ .~I~~~1;~ ~ ~~.i~~(..1C° d+~~'[' ~~t:f':},C}.-C:,.~, ~~r~E.i~ ~ C)~ ~ B. Method of payment. Artist shall provide City with an invoice for services andlor materials provided pursuant to the payment schedule set Earth heroin, which City shall pay within thirty ~3~} days of Ireceipt. 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, A~'tist shall be paid pursuant to the following benchmarks. 1. Submission of Detailed Pian; $20,000,a~ shall be paid to Artist within thirty ~:i0) days of submission to the City's Project Manager ("PM") of a Detailed Plan for fabrication of the Artwork and installation of the Artwork at the Site, which Detailed plan sha11 include: a. Detailed project timeline; b. Plan for obtaining any and all necessary permits or approvals from the City of McIidian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development DepaltmentlPlanning Division; permitting and inspection by the Community Development Depal•tmentlBuilding Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit frorri the City Clerk's Office; c• Plan for obtaining any and all necessary permits ar approvals from Ada County Highway District for the installation of the AI•twork; d. Site plan for the installation of the Artwork; and e. Construction drawings for the Artwork reviewed and stamped by a certified engineer, 2. Fabrication of Artwork: $25,0O~.~tl shall be paid to the Arti~tit within thirty X30} days of completion of Fabrication of the A~•twork, ar all components thereof, as demonstrated to and approved in writing by the PM, 3. Final Completion: $SO,OOO.OQ shah be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the PM; b, Artist's submission to the p1V1 of a recommended maintenance plan for the Artwork; c. Execution of amutually agt-eed-upon acceptance agreement to include Artist's indemnification of` City and the Ada County Highway District and express waiver of Artist's right, title, or interest in the Artwork, which age eernent shall be prepared by the City Attorney's office; d. waivers of lien from any and all sub-cont~'actors and major materials suppliers, as approved by Meridian City Council; and e. Final inspection and approval of the installation of Artwork at the Site by the PM and by City of McIidian Community Development Services Department, Building Services DIV1sIOn, which xnay include, at the discretion of the Building Official, independent special testing and/ar inspections for structural soundness, III. TIME O~F ~RTORMAi~CE. A. Timeline. In addition to the benchmarks set firth in the timeline prepared by Artist as pat•t of the Detailed Plan, the parties shall meet the fallowing deadliness PROHI~~,SSIQNAL SERVICES AGREEMCN'1' MERIDIAN SPLIT CORRIDOR PHASF. ~ PUBLIC ART PRO]RC'1' PAGE ~ Uf Io 1. By 5:00 p.m., November 22, 201: Artist shall complete Submission ot'the Detailed Plan to the PM. The PM shall review, request ~n.odifications as necessa,ly, and approve such Detailed Plan, either as subYnitted or as modified pursuant to mutual agreement, within fourteen X14}days of receipt thereof. 2. By 5;04 p.m., August 1, 2014; Artist shall complete Fabrication of the Artwork and obtain written approval of same by the PM. The PM shall approve, or approve as modified, such fabrication within fourteen (14) days of Artist's notice of such completion. Prior t0 fSSU~1ig approval, the PM shall determine that the Artwork as fabricated is in keeping with Artist's representations as set forth in the proposal set forth in Ex~rbit ~, Non-rnater~al design refinements andlor improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., August 15, 2014; with prior approval and all necessary perc~its from the Ada County Highway District and/or City, Artist shall cause the installation of the Artwork at the Site, and shall schedule final inspection and approval of the installation thereo#' by the City of Meridian Community and Development Services Department, Puilding Services Division; the Ada County Highway Department; and the PM. Artist shall immediately notify the PM of any delay that occurs or is anticipated affecting the installation. 4. By 5:00 p.m., August 29, 2014: Artist shall be responsible far Final Completion, The PM may extend the date of Final Completion for a reasonable amount of tune only if such delay is due to cireulnstances and events beyond the control of Artist or pursuant to a written agreement by the Parties, 5. By 11;59 p,na,, September 16, 2014: Provided that AI•tist has completed Final Completion, as provided herein, City shall execute Final Acceptance af' the Artwork, ,which shall be signified by City's adoption of a I•esolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. B. Time Of the essence. The Parties acknowledge that servic~S 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 pe~•f`ortn any of the obligations hereunder shall constitute a breach af, and a default under', this Agreement by the party so failing to perform. C. Inspection, The Artist shall provide the PM andlor City with reasonable opportunities to ~•eview the progress of the Artwork to ensure compliance with the timeline, upon PM's request. if during such inspection, or in the course of the approval processes required herein, the PM or City concludes that the Artwork or any portion or component thereof do not conform to the proposal as described and depicted in Exhilait B hereto or as mutually agreed by the Patties in writing, notice of specific non-conformity and request for Artist to address the specified non- canformityshall be given to Artist in writing as soap as practicable. AI•tist shall have fourteen ~ 14} days to address and correct any non-conformity, lf, upon PM's/City's re-inspection, the PM or City concludes that the Artwork or the nonconforming pol~ion or component thereof remain nanconfarrning, tern~inatton pl'acedures IIldy commence. City's failure to disapprQVe in writing shall constitute presumptive approval of the Artwork as inspected, PROPESSI(71~AL SP:ItVICES AGREEMENT 11~~h;Rap1AN SPLIT CORRIDOR P}IIISE 2 PU[3L~C A~t'I' PROJP:C~' PAGE 3 of ~O I~. MAINTENANCE AND REPAIR, A. First year following Final Acceptance, At'tist shall be fully ~•espansible for all paps and workmanship of the Artwork for a period of two f Z} years after City's Final Acceptance of the Artwork, and during such yea~• shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such year Artist shall not be required to replace or repair any damage to the Artwork caused by City; by City's agents, employees, visitors, 01• volunteers; by the Ada County Highway District; or by an act of God, $. Determination of need for repair. At all times, including the first year following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts andlor craftsmanship require maintenance, restoration, or repair. Artist maybe 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 ~~naintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in pact, City may, at its sale electiotl, restore the AI•twork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION. ~NTEGRI'~`~' ACID OWNERSHIP (lF ARTW4RI~, 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 A1•twork.. Artist understands that this waiver sha11 include waivers of the exclusive I•ights of reproduction, adaptation, publication, and display, A~•tist 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 1 X76 and the Visual Arts Rights Act of 1 X90, Title l 7 U.S.C. ~~ 101 et seq. Artist understands and agrees that the right of attzibution and integt•ity, as specifically set forth in 17 U,S,C. ~ 106A, aze 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 ~Tisual Arts Rights Act of 190, the provisions of this Agreement will govern and any .such differences ira the rights and duties created thereunder are expressly waived, B. ~,imited edition. The Artwork shat l each be 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, ar copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereat', C, tJwnership. Upon City's Final Acceptance, the ,Artwork shall be owned by City, Following Final Acceptance, City may remove the A~~work from the Site andlo~• move the Artwork to anathel• iocatian, at City's sole election and discretion. D. No copy~~ight. Artist shall not make any claim to the copyright cif the Artwork. PROFESSIONAL ~F.RVICES AGREEIMENT NCEKII))AN Sf'L1T CORRIDOR Pf~ASE 2 PUkiLIC AK'r PROJECT PAGI: 4 ~f l U E. Photo ra hs of Artwork by City. City may photographically reproduce the image of the ~ P Artwork and all reliminary studies, models and maquettes thereof that have been delivered to P and accepted, as City may desire for educational and public information purposes. Where racticable and to the extent of City's authority, Artist shall be acknowledged on each such p holographic reproduction to be the creator of the original subject thereof, provided that P hoto raphic reproductions of preliminary studies, models and maquettes shall not be identified P g as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof', as Artist may desire far 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 snail at no time create any model, rnaquette, replica, copy, or any other three-dimensional reproduction of Al-twork or any component thereof for ar~y purpose without first entering into a mutually agreed-upon written agreer~nent with Artist governing the creation, use, and/or .sale of suoh model, moquette, replica, copy, or reproduction. Upon Final Com letion, Artist shall not create any new model, moquette, replica, copy, ar any other three- p 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, moquette, 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 lorrgcr be ~•epresented to be the work of Artist, Other than as specified herein, Artist specifically waives the tight to claim any other remedy eoi~cerning the alteration of the Artwork as provided far under Idaho or federal law, whether by statute or otherwise. I. CJse of City uan~e. City hereby conveys to Artist perrrrission to use City's Warne in all forms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City's rights of privacy ar aa~y other rights City may possess in connection with its commission and purchase of the Artwork. J, Kemoval from display. City shall have the right to remove the Artwork from public display, in the event that City determines that the Artwork or either component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such carnpanent from City, Should Artist choose to purchase tlae 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. K. ~ubcontraeting or assignment of obligations. Artist shall not subcontractor assign any of Artist's obligations under this Agreement that require ar that may require Artist's artistic talent or expertise. Artist rrray subcontract or assign obligations that. da not require Artist's artistic PROFESSIONAL SERVICN~S AGRF,F.MENT IVC~?RIUTAN S~~.I'I' Cor~R,nO~ PEtASE 2 PUt~L1C AK'r PROJECT PAGE S of !(~ talent or expertise, including, but not limited to, such obligations a5 t~•ansport and installation of the Artwork, and other obligations as outlined in Artist's proposal asset forth in ,~~xlztbi~ B. An and all subcontractors or assignees shall be bound by all the terms and conditions of this Y Agreement. '~~. ~Nn~~NtrxcA7~xo__ ~v, ~A,I„vE~, AND INSURA~NC~. A. Indemnification. Ai~ist shall indemnify, save, and hold hairnless the City and a~ay and all of its employees, agents, volunteers, andlor elected officials froin any and all losses, claims, and judgments for damages or injury to persons oa• property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, andlor 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 A~•tist's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out ot• concut~ent or sole negligence of City or its officers, agents or employees. C. 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 far its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain prope~•ty insurance for the Artwork. D. 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,Q00,000.O~1) per each occur~•ence, combined single limit bodily injut•y and property darxlage, covering the actions and omissions of Artist and her employees, agents, andlar workers in fabricating, transporting, and installing the Artwork andlor 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 t~r•cgon or Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork, Before commencing fabrication of the Artwork, .Artist shall procure and maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of Artwork, insurance on the Artwork in an all-risk form with limits of not less thal~ one hundred thousand dollars ($100,04()}, and any deductible not to exceed five hundred dollars {$500} each loss, with any lass payable to City, Artist agrees PROFESSIONAL SLRVIChS AGRB~MI~:NT IVI~;RIb1AN ~PI.IT CURRID(~R PHASE 2 PUQLIC ART PItpJECT PAGE 6 of tO to bear all risks of loss of and/or damage to the Artwork until City'ss Final Acceptance of Artwork. ~, Froof of in~suranee. Aa~tist shall provide to City, within seven (7} days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance requi~•ed 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. F. Insurance to be obtained by Artist's subcontractors, A~•tist shall require any and ail 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' cQ~npensation insurance in the amounts described herein, Artist shall provide to City, withita twenty-four (24) hours of hi~•ing or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. G, No cancellation without notice. 0n aII insu~•ance 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 writteta notice to all Parties, Any cancellation of insurance without appropriate replacement in the amounts and teens set forth het•ein tray constitute grounds for te~•mination of the contract. vll. T~RMINATIUN A. Termination far cause. If City determines that Artist has failed to coinpiy with any term oa• 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 it' 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 Qf such tettninatlon by the terminating party, l . Default by City. In the event of termination far non-performance or default by City, City shall compensate A1•tist for work actually co~a~pleted by Artist prior to the date of written notice of termination and any additional services and materials actually perforrt~ed or supplied prior to the date of written notice of termination, less payments at' 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/oI• any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become pity'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, PROFESSIONAL SERVICES AGt~H.N.~1F:1~'1' ~VINItI~IAN sF~LI'C ~(7RRi)aUR PHASE 2 PUBLIC ART PR~IN.C"i• PncE 7 of t U City may reasonably withhold payments due until such time as the exact amount of llama es g due to City from Artist is deterrrained. Artist shall not be relieved of liability to Cit for y damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision ,shall su~~vive the termination of this Agreement and shall not relieve Artist of liability to City for darriages, B. ~'+~run~nation without cause, City may terminate this Agreement for any reason at any tune b Y prov~d~ng fourteen (14}days notice to Artist, C. Termination upon death or incapacity of Artist, This Agreement shall automatically terminate upon the death ar incapacity of Artist. to 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 €abricate and/or complete fabricatiQt~ of the Artwork ,shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability far 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 A~•tist ar Artist's estate is determined. Artist shall not be relieved af` liability to City fo~• damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall su~•vive the termination of Phis ,Agreement and shall not relieve Artist or A~•tist's estate of liability to City for damages. ~1. Nan-waiver of breach, A waiver of any breach or default of azay provision ot` this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ~~~~, GENERAL FRQVISION~~ A, Fermitting and inspection. Artist shad obtain any and all necessary permits or approvals from the City at` Mez~dian fox• the installation of the Artwork, which may include Certificate of Zoning ~Ampliaaace from the Community Development Depa~•trnent/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation .Depa1•tment; and/or Citizen's Use Permit from the City Clerk's af'~ce, B. Relationship of ~'arties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcantl•actor, 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 ot` employer and employee between A~~ist and City ar between Artist and any official, agent, a~• employee of City. Bath parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term ot` this Agreement, Specifically, without limitation, Artist understands, acknowledges, and agrees; l . A~•tist is free from actual and potential control by City in the provision of services under this Agreement. 2. AZ•tist is engaged in an independently established trade, occupation, profession, or business. PRQHESSIONAL SERVICES AGREEMENT' ME[~IDIAN SPLIT' CORRIDOR PHASI? ~ PUBLIC ART PROJN'C'f PAVE S Uf IO 3. Artist has the authority to hi~•e subordinates. 4, Artist owns andlor wi11 provide all major items of equipment necessary to peI•form services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. 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, E. 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 o~• written, whether pI•evious 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 he~•eto, F. Costs and attorneys' fees. If eithel• party brings any action or proceedings to enforce, protector establish any right or zemedy under the terms and conditions of this Agreement, the prevailing pa~•ty shall be entitled to recover reasonable costs and attorneys' fees, as dete~~nined by a court of competent jurisdiction, in addition to any other relief awarded. G. 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 bounty, Idaho. H. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative aad none shall exclude any other tight or remedy allowed bylaw. laikewise, the exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of any other remedy. ~, ~nterpretatian. Words of gender used in this Agreement shall be held and construed to include airy other gerader•, and words in the singular shall be held to include the plural and vice versa unless the context othe~•wise 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 paI•ts of this Agreement, J. Severability. lrf 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. K. Successors and Assigns. A11 ot'the teru~s, 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 adt~inistrators. I~RON~:SSIONAI. SERVICES AOREEMEi~'1' M6R[DiAN SPLIT LORRIIK}It PHASIC: ~ PUBLIC ART PROJECT PAG!? ~ of 1 ~ ~. ~otic+~. A~~~, ~.nc:~_~.~ nc~tic~e ~°~~ui~°~~ tc~ ~~ ~~~~i~~d ~~ ~ith~r ~~ t~~~ ~~~~~~~~~ h~~e~c~, unle, ~~th~r~ri~e ~it~~ ~n ~~~~~ ~~.r~~n~~~~t, ~~~~1: b~; ~:n ~~~•t~u and ~,~~1. ~~ ~e~~~ ~~c~tn~~~~~ni~~t~~ upon ~a~in b~~ tJnit~c~ S~te~ I~~~~~, ~.dc~.rc~~sec~ ~~ ~~~11~wr~t ~.rl ~t; P.~!1; C~",J. ~:~n~~h fax ~en~c ~~.~~~~~r~ '~.~~~+~ c~r~.~ ~~;~~~~~rr~c~nt, .~n.~nc~c~~in~; ~~r~~i~n a~~~ ~~~rk~r ~.~~~~~ ~~ .. ~rc~~.~~~~~~r A.~r~. ~~~~c~ca~~ ~.r~~c;r ~~R ~~7~~~ ~ .~~~~~d~~~n :[T.~ :fit ~:j~d~~i~t~~~~c~r~.net ~~n~cn~n~~m~r~~~~n~~:~~.t3~ ~zt.h~~~° p~~r~.y~ ~r~ay c~~~n:~cx h~rlat: a~~~~r~~~ ~~~~~ t~~~ ~ur~aa~~ c::~~ th~~ ~rcav~S2~,u ~y~ ~i~~in ~v~tttr~ nc~tz~~ c~~` ~uc~~ ~#~~u~~ in t~~e ~~ar~z~~r ~~~r~in prc~~ric~~. .. ~chi~its. ,~~~ ~~~i~t~ ~c~ t~~i~ ~~r~~m~n~ ~~~~~ i~~~c~~°~~~~°a~+~t~ ~~~ ~el~~rnc~ ~~nc~ ma~~ 4~ p~ar~ f:a~~ ~~:~~~c~~° ~~~ it' the ~x.~i~~.~ ~ve~~ ~~t f girth ~~ tk~~~~ ~;nt:..~~t~ h~~Y~n. ~. ~~~t t'c~~~:ci~ app~rav~l requ~r~+. T'~~~ ~~<~.~c~i~~ ~~° t~~ ~~r~x~~~~nt ~~~1 ~~ ~~pr~4~l~ ~;~~n~~t~t~n~~ up~~n ~~ty C:`~~u~~~~~ ~~c>ti~~c~ ~~~~~~.~~- t~~ ~~r~rr~en. ~,~~cut~c~n ~~~` this A~°~~r~c~nt: bit t~~ ~~°~~~n~ ~~~~r~~~~~~c~ ~~~~~~ ~t°~~~~ tc~ ~u~h ~°;~t~~~ic~ti~~n c~~ ~p~xc~~~~~ ~~~~~ n~~~ ~c~ ~:c~n~tru~c~ a ~rc~~:~~' c~` v~~~~~y in t~ a~~ncc t~~' ~~.~~~ia~ qty. 'c~unc.~( ~~~~~rc~~3~:~. ~~'~~F~~ ~~.~~~~~~ t.~~., ~a~~~~~ ~~~.~tc~ ~~a~~ c.x~CU~~~i ~~~~~ A~r~.~~~~.~.n~ can t~~. ~..,~~. ~ ~' ~~ ~~i c s~ x. r #,.~,, .:, , ~n~~, .~~~?~~i,~~~ ~~~~'c~r~ t}~~ u~~cl~yrsi~nc~~, ~ ~c~~~~r~r ~'~~~~~~: its thG ~t~tt~ ~~t'~:lre~c~~, ~~.~ry~~n~x~~y r~~~~~t~r~~ ~:~..1, R~rac~~~ ~~~ca~~~lra ~c;~ ~t~~~~ t~~ ~ thy'. ~~~~rsc~~ w~c~ ~~c~~:ut~~ tht~ ~;~.~~ in~t.i~i~~Y~~~~t, ~~~~~ ~~cY~nc~~~Pl~~.~c~ tc~ n~~ th~~~ ~;h ~~:~~~ut~c~ the ~~~n~€~. ~~~ ~~"~T~'~~~ ~`I~~;k~.C.):~=j ~ h~~~j~ f~~re.~t~~~tf~ ~~~~: n~~~ t~~~nc~ ~~nc~ <ck~x~ ~~~~y~ ~~~I:'ici~~~ ~~tl~, the +~~~~~ ~~a~~ ~'f~i~1" ira t ' ~~rtit' ~~ ~, ~ . ~: . ult~ittez7. ~. .,., ~. ~~.~ ~~~~~t.. ~~L ~c~~~t ~r F't~h~~c~ f't~r C rc~~c~z~ ~~~~~ ~~ ~~,.qW~,'/ .019'A~4~b . t ~~ry, a , ~~ ~ ~ .. ~'~ ~fr x y y," f~. a n. F ~R.. •~ktb?"~ Y ~' ~ { '", ,. r< fit: ~+ ' ~ <y ~ 'b ~~'~ 7 '.~;,.. ~~.~~.l:t)l~~`~ ~~~l.rl°'t° (~t:Jx~I~.~c~~.:~~~~~~~~ 2 ~~ ~~~~~c` .~r~.` .~'~.c.~~~.c,~°~' ~~s~t:~:~, l t? ~~f 1 E ExHIBiT A CALL FOR ARTISTS Nteridian l Commission El~~C~~L~TY Artists who are eighteen ~1 ~~ years or alder and living full tirr~e ire ld~ho or a. Mate Conti ~o~ to Idaho ~1~1a~h~n~ton, ~r~e~or~~ ldevad, l~ah~ ~ya~in~, or l~onta~~} are el~i~l~ to respond. This preje.~t is -open to applicants regardless of race, ender sera! orientation tali ion ' ~ ~ ~ ~ _ , nat~onal~ty, or disability,: Teams of artists, des~ners and l or en~~r~eers are we~lcorne to a ! s ln~c~m late .. pp Y p , ~nel~~~ble, or late su~rnissivns il! bye d~ern~d neli~h-le and will not be censider~ed. ~UDG~T, A budgeted amount of $75,000 is currentl~r available for the selected artist's commission r~hch ar~ount includes materials, fa~ricai+~n, and installation. The final k~ud~et m~~ b~ hi her:, ~~~C~S~ The evaluation and selection process wi!! ~nerally Q~cur as follows; dates are sub'ect t~ chary a J may be necessary due ~o s~hedulin issues or other circumstances. Celt fQr,~r~i~ts ~ ~M~ri~di~n' Spot Carrid'~r Pause ~ P'crbtc Art' Pro~~~~ P~ e ~ ~ ~` _f 1. a~'Q open, To be considered for this ro'ect ell ible artis p J ~ is must submit the follaw~ng materials to MAC by 5:00 p.m, on Friday, February 1, 2013: a. one-page cover letter including current contact information and • references, b. Resume, na more than two pages in len th; .. ~ c. Ten X10} digital images ~Z00 dpi; .~pg farmat~ re resentative of artist's w th P ork on Cp, DVD, or umb drive, and d. Image catalog, including titles, dimensions, media, and dates of ari finals. Materials submitte i ~ d w ll not be returned; do NAT submit original artwork, The Cit of Meridian is a ublic a enc : an informat' Y P ~ Y Y pan subnl~tted ~s subject to release to the public as re uired b Naha Public Records Law. 4 Y 2. Finalists selected 6y Friday, February 8, 20~ 3, the Selection Pane! will convene and evaluate all responses to the RFQ. Following evaluation, the Selection Panel ma select u to three Y p finalists, or may re-open the RFC. Selection criteria will include; a. Artistic quality of work represented in images; b, Appropriateness of experiencelexpertisefoi proposed project sites; and c. Professionalism and artistic experience represented in resume. The Selection Panel may include representatives from MAC, ACRD, Cit elected officials and .. Y staff, Mend~an pevelopment Corporation, and business and residential communities as well as arts professionals, ' 3. RFP open to finalists. The selected finalists will be invited to prepare ro orals in res once to this ~ P p p 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 b 5;40 .m. Y p an Monday, May 13, X013: a. narrative; b. Budget; c. Drawing or model in a professional format suitable far public viewing; and d. Material samples. 4. Preliminary evaluation of proposals. By Friday, May 1 1, 2013, the Selection Panel wi ll convene to conduct a preliminary evaluation of the finalists' responses to the RFP, Following this evaluation, the Selection Panel may forward the proposals far public input, or may recommend that the RFC or RFP be reopened. Preliminary evaluation criteria will include: a, ~,uality of proposal; b, Appropriateness and safety of proposed artwork for project sites); c, Incorporation of recycled, reused or repurposed materials; d. Reflection of Meridian's commitment to environmental responsibility and sustainabilit ; .. v e. Consistency with Mer~d~an 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. 5, 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. Cold ~'or Artists - Merrddan Spdit Corridor Phase Z Pubdlc Art Project pale ~ a f ~ b. Final evaluation of proposals; artist selected. 6 Fri , y day, June 18, 2013, the Selection Panel will convene to make its final evaluation of all res apses to , p the RFP. Following evaluation, the Selection Panel may recommend selection of one ro osal • p p , or that the RFQ or RFP be reopened. Evaluation cnteria will include the cr~ter~a set forth above as w ell as public input submitted regarding the proposals. The Selection Panel will forward its recom ' mendat~on to MAC for consideration on Thursday, July 11, 2013, MAC ma acce t or rnodif • forward i • . Y P ~ , y such recommendation and is recornmendat~on to Mer~d~an City Council ~ Mer~d~an Cit Council will c ' recommendation in , , Y ons~der such making the final dec~slan on Tuesday, July 16, 2013, Selected artist s finalists not selected ~ ~ • ~ ~ }and w~li be notified of the dec~s~on by Friday, July 19, 2013. 7, Selected propflsal installed, Following selection, the selected Artist wi ' ll fabricate and install the artwork, in accordance with a written agreement with the Cit and wit ' y, h the project s final budget and t~mel~ne, A budgeted amount of $75,044 is current! available fo . , Y r the selected artist s comm~ss~on, which amount includes the cost of engineerin ,materials fabrication a ~nstallat~o ~ nd n of the artwork. The final budget may be higher, PROJECT TIMELINE; December 12,101 Z Call to Artists (RFQ/RFP} issued February 1, 2013, 5:40 p,m. peadline far submission of res onses to RF P Q By February 8, 2013 Selection Panel evaluates RFQ res onses selects finalists p February 11,1x13 , ., F~nal~sts not~f~ed, ~nv~ted to res and to RFP p February 20, 2013, 5,04 p,m, Deadline far finalists' signed agreement with Cit and 1N-9 form y Ma 13 1013 5:00 Y p•m• ~ Deadline for subm~ss~on of f~nal~sts' proposals By May 1 ?, 2013 Selection Panel preliminary evaluatian of finalists' ro awls p p Ma 2d-June 21 2013 Y ~ ~ ~ Public input regarding f~nal~sts proposals By June 28, 2013 Jul 11 2x13 Y ~ Selection Panel final evaluatian, recommendation on ro os is lap a Selection Panel report to MAC; MAC decision/recommendation July 1 b, x013 MAC recommendation to City Council Cit Council final decisi ~ Y an l3 Jul 19 Y Y , 2413 Selected artist and not-selected finalists notified of decision July 31, 2013, 5:40 p,m, peadline for selected artist's si ned a reement with Cit ~ ~ Y August 2013-May 2014 ~approx ,) Fabrication May 2014 ~apprax,} Installation This timeline is subject to change, Submitted materials must be physical! received b MAC at the address e ~ ~ Y Y ' blow, by 5.0o p,m., on spec~f~ed deadlines, Responses that are ostmarked or en route P , 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; !Nail or deliver applications to; Questions, via eMrr~ail; Thank you for your interest! Meridian Arts Commission Attn: Emily Kane 33 E. sroadway Avenue, Suite 308 Meridian, Idaho 83462 Emily Kane ekane~rneridiancity. org Ca!! f or ~4rtists -Meridian Split Corridor Phase 2 Aubllc Ark Projecf Pa e 3 a 6 ~ f ~1S~c~2~ ~aaC~aB~ ~o°~ ~.~~~a~~~ ,~ i~~ ~ M, ~ ~. Ca~~ ~'or ~r~~~s - l~erdtarr Split ~arrt~or pt~as~ 1 P'u~1rc Ark Pro~e~~ P'a e 4 n ~` ~~~ ~al~ ;for ,~r~~~~s ~ ~~rr"dean SpCtt ~vrrial~r phase Z PUbf is Art Prv}e~~ ~a e 5 a 6 ~' -.f ~~l~ far Artists - l~er~~~~r~ sp~~t G~arrid~r ~hase~ 2 Public' Art Project Pa e ~ n ~ f EXHIBIT B ARTIST' S PROPOSAL ' ;; ,. 'z~ ~5; ~,~ ,,,ti ~` . ,t' '7. •t •:1:'' ' ~:~ •~~i••,1'•,I•iti ~~, 1,• ~' rl~Yt Si :..1. . :'}~.: , . 1 . •y• ' .,5~ •l yl'. ~t 'F:~.: ~f 1 It' ! t5 ' ~ 1 'YS li' ;: 4 L 5i :l11 1 .. 5 f I ..r Y. ku t .1 ' S ~ l 5 5 t r!~ 1 J 5 ? 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" "I ~i~ ........_... i~ .~1~•'~i•,~ ~. ~:! .I. , ~.ti.,. • '~11. r '. ! :••1 A:':~i.5'i •5,• 1 ' r....l r:..,. ~ it!'~ ••ti: '~ ".fit.,'.:, ~•', .s~..r}':+.,I :~.4. 1.. .;.. i• I~.ir1 1i, t t ~ •'y •: '~I7 R'i~ :. ', r '.:S ~ ;5 ; 1~.1~' .. F}a ••ti l1, .};~ f ~;l~J,;i r,~ ~ 7: ~ t+..5' t • t '. +1 ' r y r l t'', ,la 1.. .tir r. t r ti.•. r5 1 ',`•11 I I. • t I~~ 1 .r ++r I. t t fl ! •' 11 .~ 1•A •:~ '~ 1 1' +' r t y~ 51.t'. t 1~ 'r'• t ''t',.•t••' ',,I:i.~~5.'~y~:irifi`• 1:.~;17h;ii.',•:~~~1 .iy.. ~ . L',.'y 1.5~ 541 -399-3830 GRDESIGNSTUDIO.COM "Under the Sun. and. Dreaming" ~~~tprapQSa~d y ~~j, ~e~ch - ~'~R~esi~n » 5~~.~~'9.38~1~ vu.e~rdesl~nstudi~,e~~n ~~~ ~arlcer ~~. H~atl i~er, ~3re an 9~7~1 P ~ r ~ , wept ~ta>r:~~.e~t. ~`~rn~~, ~~~or l~anin "Under tl~e 5u~n and Dreaming-' will be a en~~even-pied m~nu~men~al stainle steel sculpture standing thirteen: '.feet t~a.il and twenty feet ~nr~e, arrowir~g from l~~~ri~ians past and present, the abstract ~lemnts ~rith~n the sculpture ~ birds a prey, open slfies, urcl~urs, x•ec~•eation, abundant sun, ar~d ~ strong cannectier~ to natural resnurees ale easily ~°ecogni~abl+~ ~nc~ playful in natu~•e. ~'he colars X11 be the rel~ectir~ns cif tyre natural sut°rountlln~s and: lig~~t of the day vff the te~~ure stainless steel. ~~~~~~t ~~talls ~t~stai~~abil~y / ~•ec,~clin Indirectly the sculpirure auehes on the themes of sustannb~l~ity end ~~ecycirng by hihli~htin all the ~c~nderl*~l natural elernen~s c~fthe area, thus rern~n+~in~ the viewers cif tl~e ipo~•tance of maintaining cur ~atura.l resuul~ces~ with t~ecx~r~clzng beln~ a ley element of the iVi~ridin p~~o~e~~,combine with au~~ commftment to sn:staii~abilit~, ire v~nil use a tninimu~n of ~~~~ and up to ~a~'~o recycled st~~nless steel to c~an~plete the Fabrication of tl~e scul~ur+e. i~aterils stainless steel is the chasen material far "l~nde~• the s~~n and l~re~nin~"far it's timeless artistic quality, it's maintenance free aspect and it's proven reeat~d in public sculptures we will use a ~ninimurri of 1~~1~-and ~~ tc~ ~~°~~ ~•ecycled stainless steel t complete the fabrication of the sculpture, ~.~ ~.~ +auc stainless steel • Internal engineering forms stainless ~ gild steel Tl~l if Kinetic ~n€~ve~nent is executed it will be done with thru.~ bearings. CO~15trtiCt~O~; All fot•ms will be constructed out of stainless steel in hollow fot•m manner with internal supports for engineering. The mounting will be a slip-on mouht via a hoist} with all the mounting hard~wear hidden from view once the installation is completed. All fab~•ication done in CJRpesign Hood River studio. ~in~sh; Each form will be textured to follow the lines of the forms. Thus creating various textures and movement in the sculpture. At CJRi~esign if Dolor is used we use a two-part hi polymer epoxy finish. This is the only way we can have confidence in the longevity and UV resistance of our works. we pride ourselves on providing our customers long term maintenance free works of art! Appro~innate Sl~o / welg~t: The sculpture will be approximaCely 13' feet tall and 20'+ feet wide with the thiclcness of the farms ranging from 18" to ~b"inches. Approximate weight ~201~0 lbs total. Location: Taking a fang look at both the North and South sites that are available for placement ofart. I decided to focus on the main entrance, the South site, for a few reasons. One, the North site wo~ild not have the overall "VIIQw" impact ar be viewable from nraultiple sides as the South site will have. Second, a sculpture designed at the proper scale to fit the North site gill certainly create a visual barrier and a distraction to the drivers. pinally the orier~tatinn to the suca at the NorCl, site also leaves a sculpture continually back lit and unfortunately the best view from the neighboring parking lot Goc~king at the site and potential ~ feel it is ~~nare important to place a monumental iconic sculpture that can spotlight the arts and culture of Meridian and continue to introduce visitors and locals alilre to all that lUlet•idian has to offer. LanC~SG'aping: The sculpture, by its shear size, lends itself toeither xera-scaping, native planting or mirdmal landscape for better sustainable water conservation. The landscape ~ would propose for the site would be a few berms and mounds carefully placed to frame and or possibly lift the sculpture. Site Prep; C~RD~sig~ will • Identify any and all plantings that need to be moved ar removed by tl~e city or landscapers, • Ident~ly with help from the City the location and angle of the cement- mauntingpad. • Engineer and have the cement pads and male mounting pipes set in place. • Provide the City the necessary engineering far the pad or pads to be poured. Maii~ten~nCe; • Using staainless steel provides an extremely durable and low maintenance ~rnish with strong stain resistance. when the shine or finish start to loose the sparkle I recommend using a ~epp stainless steel cleaner found at most Name stares like Home Depot. Just spray this on to all the stainless steel and then wipe offwith a soft towel= • One of the many r•easvns I like to use the ~epp is it leaves an oily coating an the sculpture and this is a great deterrent far people that thini~ Climbing can the a~•C is a good idea, • Tagging: if the e5 ],gets tagged with paint or some other substance, you can srn~ply use Acetone to remove the maxks and then clean again with a Stainless cleaner. Subea~tra~t~r~Supplier? Pr~fessiortal Services List: Engineering ~ All Structures Engineering, Taggarcl OR, Ijaser Cutting - ~~ H Steel Canby, OR. • Misc. Materials -Alaskan Copper / American Steei • Crane /foist rental -- TBD local pr~ferred~ Passab~+~ T~me~ine~ Mid Duly 2013 Contract Signed First invoice ~50~ budge#~ First payment received Flna! pe$ign & Engineering, **Materials ordered and purchased. Sept• ~01~ Receive rrraterials /Begin Fabrication. Nov.-Dec. ~~1~ Mid fiabrlcatlon photos sent * receive second payment (30% budget} Spring 2014 Sfte Prep/work with the city on the bases or pedestals. Niay X014 Delivery & Installation Final Invoice (20°x6 budgety Final payment received and Dedication. ~~imeline `rs contingent on signing of contract & first payment. If either of these events is delayed, our schedule will delay accordingly, ~*Materials and engineering will be ordered and purchased onl after first a ment is v pv received. Se~ect~a~ Ca~~~t~ee; Design and scale; ~As 1 set out to develop a sculpture for the Split Carridor~~ ro'ect I w n p l a ted to d eslgn a warp that would place the arts and culture of Meridian in the national s potlight. A ~~onumental commu~aity aalued sculpture that would be iconic for the cit of Meridian and uickl brin Me y q Y ~ ridian equal to ox above much bigger cities shawin ats carnmitrnent to arts and culture. 1 b ' g elieee a tna~turnental warp as carnplex, unique and tuneless as "U~nderthe Sun and Dreaming" can accom lisp these to P ~ expectations, I~iine~tsianally; Each forrnwill have much more dimensionality them z can make in a small flat model, I'll try to explain, as you laol~ at the top horizontal farm afthe s ine and .. wind, when this is built it will look mare life a ribbon where the tail crosses over the top of the length, so it will not be one flat surface lime the model, Man other farms are builtout i Y th s way also. Open option ~; i~inetic~ Looking Deer the sculpture there are a few possibilities for l~netic elements if ou ~y as tl~e cornntittee feel it will not be a distraction for the drivers. The bird of rc on the left side an ~ p Y d orthe cloud could be kinetic. Theseelernentswould spin in a breeze and can both be done with-in the budget, I don't feel this would be distracting to the drivers but it would add a le~rel of lnteractio3l with the soul tore P always changing. I leave this decision up to you, Dpen 4ptian Z: colors while designing the sculpture I picked stainless steel for the piece for a few reasons, ~ hero maintenance, no fading or touch up, easfly cleaned ~vhen tagged, • Exciting, constantly changing Y~eflections all year long, • ~'inaeless presenratia~~ with a richer mare expensive loop. However, if as a committee you feel that a few or ala the pieces would fit Meridian better as a color this is absolutely possible, we can paint one, two, three or all pieces, one armultiple colors, This is all passible also with-in the budgetand is up to you, Thank you for allowing me to be part of this process, I hope you enjoy "Under the Sun ar~d I~a'ea~nirtg" as much as I enjoyed designing a piece specifically for my old home area, Enjoy! 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