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HomeMy WebLinkAboutPK03-025 - Original - Andersen Studios - Kent Memorial Park Public Art - 12/01/2003 P k � KENT WAS MINOTON AGREEMENT FOR ART WORK between the City of Kent and Andersen Studios THIS AGREEMENT, entered into this 1st day of December, by and between the City of Kent, a Washington municipal corporation (the "City"), and Bruce Andersen and Shannon Kelly Andersen dba Andersen Studios("the Artist"), located and doing business at 1514 17""Avenue South, Seattle,WA 98144 WHEREAS,the City is implementing a public art program pursuant to Ordinance 2552 by allocating certain funds for the establishment of artworks in certain public places and authorizing the making of payments for the design, execution, fabrication, transportation, and installation of works of art and the support of an artist-selection process, and WHEREAS, funds have been allocated for the selection, purchase, and placement of artwork, and WHEREAS,the Artist was selected by the City through the procedures duly adopted by the Kent Arts Commission to design,execute,facilitate,fabricate, deliver and install to the City Kent Memorial Park Public Art(the"Work"); and WHEREAS,both parties wish to promote and maintain the integrity and clarity of the Artist's ideas and statements as represented by the Work; NOW,THEREFORE,the City and the Artist,for the consideration and under the conditions hereinafter set forth, agree as follows. Article 1. Scone of Services. 11 General a. The Artist shall perform all services and work,and furnish all supplies, materials,and equipment as necessary for the design, execution, fabrication,transportation, and delivery to the City of the Work described as Kent Memorial Park Public Art as approved by the Kent Arts Commission and incorporated herein as Exhibit A, attached and incorporated by this reference b. The Artist shall determine the artistic expression,scope,design,color,size,material, texture,and location on the site of the Work,subject to review and acceptance by the City as set forth in this Agreement c The Artist will estimate the life of the Work and will guarantee durability of workmanship and materials against normal exposure to the elements at Kent Memorial Park, Kent, Washington for one (1)year. 1 2 Structural Design Review. a Within thirty(30)days after the City approves the Proposal, the Artist shall prepare and submit to the City detailed working drawings of the Work, together with such other graphic material as may reasonably be requested by the City in order to permit the City to carry out structural design review and AGREEMENT FOR ARTWORK-1 of 10 to certify the compliance of the Work with any applicable statutes and ordinances. The City shall furnish to the Artist all information,materials,and assistance required by the Artist in connection with said submission by the Artist promptly on the request by the Artist for such information Should the Structural Design Review find that the Artist's work does not conform to safety and material standards,the Artist shall be required to make the necessary changes at her own expense b The City may require the Artist to make such revisions to the Proposal as are necessary for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the protect C. The City may also request revisions for other practical (non-aesthetic) reasons d Within ten (10)days after the receipt of the Artist's submission pursuant to Section 1.3,the City shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the Proposal as a result thereof. Revisions made pursuant to this agreement become a part of the Proposal 1.3 Execution of the Work a Afterwritten approval of the submissions and revisions made pursuant to Section 12, the Artist shall furnish to the City a schedule for completion of fabrication and delivery of the Work,including a schedule for the submission of progress reports,if any. After written approval of the schedule by the City,the Artist shall fabricate,transport,and install the Work in accordance with such schedule Such schedule maybe amended by written agreement between the City and the Artist b The City shall have the right to review the Work at reasonable times during the fabrication thereof The Artist shall submit to the City progress reports in accordance with the schedule provided for in Section 1 3(a) c The Artist shall complete the fabrication and delivery of the Work in substantial conformity with the Proposal, attached as Exhibit A and incorporated by this reference d. The Artist shall first present to the City in writing for further review and approval any significant changes in the scope,design,color,size,material,or texture of the Work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope,design,color,size, material,texture,or location on the site of the Work which affects installation,scheduling,site preparation or maintenance for the Work or the concept of the Work as represented in the Proposal e. In the event the services of the Artist are integrated into, combined, or otherwise coordinated with services by third parties not within the control of the Artist,the Artist shall not be responsible for such third party services If proper execution or results of the Artist's work depends upon the work of the City or a third party,the Artist shall,prior to proceeding with the work,promptly report to the City any apparent discrepancies or defects in such third parry's work that renders it unsuitable for proper execution and results The Artist shall not be responsible for any liability because of such discrepancies or defects Any costs incurred as a result of the defective work shall be bome by the party responsible for such discrepancy or defect. 14 Delivery and Installation a The Artist shall notify the City in writing when fabrication of the Work is completed and she is ready for its delivery and installation at the site b The Artist shall deliver and install the completed Work at the site in compliance with AGREEMENT FOR ART WORK—2 of 9 I L procedures approved by the City pursuant to Section 1 3 in accordance with the approved schedule. a 1.5 Post-Installation. a. The Artist shall be available at such time or times as may be agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City The City shall use its best efforts to arrange for publicity for the completed Work as may be determined between the City and the Artist as soon as practicable following installation b. Upon completion of the Work,the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work 1.6 Final Acceptance. a The Artist shall advise the City in writing when all services required prior to those described in Section 1 5(b) have been completed in substantial conformity with the Proposal b The City shall notify the Artist of its final acceptance of the Work c Final acceptance shall be effective as of the earlier to occur of (1)the date of the City's notification of final acceptance or(2)the 30''day after the Artist has sent the written notice to the City required under Section 1 6(a),unless the City,upon receipt of such notice and prior to the expiration of the 30- day period, gives the Artist written notice specifying and describing the services which have not been completed 1 7 Risk of loss The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance,except that the risk of loss or damage shall be borne by the City pnor to final acceptance during such periods of time as the partially or wholly completed Work is in the actual custody, control, or supervision of the City or its agents for the purposes of transporting, storing, installing, or performing any other ancillary services to the Work. Provided, that the risk of loss and damage of the Work due to structural or design defect shall be borne by the Artist at all times prior to and after acceptance during the warranty period. 1 S Indemnity by City. Each party shall defend,indemnify,and hold the other harmless for losses attributed to each party's own comparative negligence Upon final acceptance of the Work,the City shall,to the extent of its negligence,indemnify,and hold harmless the Artist against any and all claims or liabilities then existing or arising thereafter in connection with the Work,the site,the project orthis Agreement,except claims by the City against the Artist and claims which may occur as a result of the Artist's breach of the warranties provided in Article 4. Artist shall indemnify and hold harmless the City of Kent, its elected officials, officers, Kent Arts Commission,and employees from all claims,litigation,and injuries ansing out of actions of the Artist, Artist's employees and agents to the extent of their negligent acts,errors, and omissions 1 9 Title. Title to the Work shall pass to the City upon final acceptance 1.10 Ownership of Documents, Models. Upon final acceptance, all studies, drawings, designs, maquettes,and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist The City may select and the Artist shall convey to the City one of the original drawings AGREEMENT FOR ART WORK-3 of 9 submitted pursuant to Section 1 2 as part of the Proposal,the City representing that such drawing(s)will be • used by it solely for exhibition and held by it in permanent safekeeping. At the request of the City,the Artist agrees to loan the City studies,drawings,maquettes for use in exhibits of display for reasonable periods to be mutually agreed upon by the Artist and City,the Artist agrees not to unreasonably withhold Artist consent Article 2 Compensation, Payment Schedule, and Expenses. 2.1 Compensation and Payment Schedule. The Artist shall be paid by the City for completed work and/or services related to this Agreement only as provided hereinafter Such payment shall be in full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials,travel expenses, equipment or use thereof,and for all other incidentals necessary to complete the Work In the event that it is determined that Washington State sales tax applies to services rendered by the Artist,the City agrees to pay such amounts owing to the State Revenue Department through payment to the Artist who shall be responsible for collecting and reporting such tax monies to the State Total payment, including all expenses and sales tax,of any,shall not exceed the sum fee of Thirty thousand dollars($30,000) Payments will be made upon a percentage of completion as set forth below. Payment of$6,000 Upon completion of preliminary design and execution of contract. Payment of$4,500 Upon twenty-five (25) percent completion of fabrication of work Payment of$4,500 Upon fifty(50) percent completion of fabrication of work Payment of$4,500 Upon seventy-five (75) percent completion of fabrication of work Payment of$7,500 Upon installation of artwork,completion and acceptance by the City. Payment of JIM Within thirty (30) days of completion of the work if all other contracted services have been provided, no claims by laborers or materialmen have been filed, all taxes have been paid, required releases have been received from the State Department of Revenue and Labor and Industries,and the project finally accepted by the City. 22 Artist's Expenses The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City,the costs of transporting the Work to the site,and the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement. Article 3 Time of Performance. 3.1 Duration. The services to be required of the Artist as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1 2, provided, that such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 32 Early Completion of Artist Services The Artist shall bear the transportation and storage costs resulting from the completion of Artist services hereunder pnor to the time provided in the schedule for completion. AGREEMENT FOR ART WORK—4 of 9 33 Time Extensions. The City shall grant a reasonable extension of time to the Artist in the event there is a delay on the part of the City in performing its obligations under this Agreement or in completing the underlying capital project,or if conditions beyond the Artist's control oracts of God render performance of the Artist's services impossible or unexpectedly burdensome. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions Article 4 Warranties. 4.1 Warranties of Title. In addition to the warranty set forth in paragraph 1 1(c), the Artist also warrants that. (a) the Work is solely the result of the artistic effort of the Artist, (b) except as otherwise disclosed in writing to the City,the Work is unique and original and does not infringe upon any copyright; (c) that the Work or a duplicate thereof, has not been accepted for sale elsewhere, and (d)the Work is free and clear of any liens from any source whatsoever This warranty shall apply only to that artwork which is entirely that of the Artists(or persons responsible to her), as installed and shall not apply to materials or workmanship of products integrated or combined or to materials purchased, acquired,or installed by any one person or entity other than the Artist 42 Warranties of Quality and Condition In addition to the warranty set forth in paragraph 1.1(c), Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with submission of the Proposal pursuant to Section 1.1(b)and 1 2(c),that:(a)the execution and fabrication of the Work will be performed in a workmanlike manner; (b)the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of"inherent vice" or qualities which cause or accelerate deterioration of the Work; and (c)reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder The warranties described in this Section 4 2 shall survive for a period of ten (10)months as outlined in Section 1.1(c),after the final acceptance of the Work The City shall give notice to the Artist of any observed breach with reasonable promptness The Artist shall,at the request of the City,and at no cost to the City,cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards(including,for example,cure by means of repair or refabrication of the Work) THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE ARTWORK, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Article 5. Insurance. Artist shall procure and maintain for the duration of the Agreement,insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference Article 6 Reproduction Rights. 6.1 Retention of Rights and Issuance of License. The Artist retains all rights she may be entitled AGREEMENT FOR ART WORK-5 of 9 • to pursuant to the Copyright Act of 1976, 17 U S C § 101, et sec., and all other rights in and to the Work + except ownership and possession, and except as such rights are limited by this Section 6 1 Because the parties intend that the Work in its final dimension shall be unique,the Artist shall not make any additional exact duplicate,three-dimensional reproductions of the Work or permit others to do so except by written permission of the City The Artist grants to the City and its assigns an irrevocable license to reproduce the Work in any manner whatsoever,including but not limited to,the purposes of promotion,publicity,education,or exhibition of the artwork or of the City Art Collection 62 Reproductions. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form- ©Artist's name, date of creation. 63 Recognition of City. The Artist Shall use her best efforts to give a credit reading substantially, "an original work owned and commissioned by the City of Kent," in any public showing under the Artist's control of reproductions of the Work. 64 Copyright The Artist may at her own expense cause to be registered,with the United States Register of Copyrights,a copyright of the Work in the Artist's name 6.5 Intellectual Progertv. If for any reason the proposed design is not implemented,all rights to the proposed Artist's artwork shall be recognized as the Artist's intellectual property and protected from infringement in accordance with Federal Law. Article 7 Artist's Rights. 71 Maintenance. The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work The City shall take reasonable steps to assure that the Work is maintained and protected The City shall take into account the instructions and recommendations of the Artist and shall take reasonable steps to protect and maintain the Work against the ravages of time,vandalism,and the elements 7.2 Repairs and Restoration a The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Work will be made. During the Artist's lifetime, the Artist shall be consulted regarding the aesthetics of all repairs and restorations. To the extent practical,the Artist during the Artist's lifetime, shall be given the opportunity to make or personally supervise significant repairs and restorations. b. All repairs and restorations shall be made in accordance with recognized principles of conservation 73 Alteration of the Work or of the Site. a. The City agrees that it will not alter, modify, or change the Work without the prior written approval of the Artist. b The City shall notify the Artist of any proposed alteration of the site that would affect the intended character and appearance of the Work and shall consult with the Artist in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the Work AGREEMENT FOR ART WORK—6 of 9 C. Nothing in this Section 7.3 shall preclude any right of the City. (1)to remove the Work from public display or(2)to sell or destroy the Work for any reason. If the City at any time decides to sell or destroy the Work, it shall, by written notice to the Artist's last known address to the City, offer the Artist a reasonable opportunity to purchase or recover the Work pursuant to Washington State law for the disposition of property and applicable local ordinances, policies, or rules relating to the disposition of City personal property 7.4 Permanent Record. The City agrees to maintain on permanent file a record of this Agreement and of the location and disposition of the Work 75 Artist's Address. The Artist shall notify the City of changes in address The failure to do so,if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 7 Notwithstanding this provision,the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights 76 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon the parties,their heirs,legatees,executors,administrators,assigns,transferees,and all their successors in interest,and the City's covenants do attach and run with the Work and shall be binding to and until twenty (20)years after the death of the Artist However,the obligations imposed upon the City by Sections 7 2 and 7 3 shall terminate on the death of the Artist. The City agrees that any subsequent purchaser of the Work will be given Notice of the covenants herein in writing so to be bound thereby. In the event of the Artist's death,the City shall pay any outstanding amounts to the Artist at the time of death to the Artist's estate Article 8. Artist as Independent Contractor The Artist shall perform all Work under this Agreement as an independent contractor and not as an agent or an employee of the City The Artist shall not be supervised by any employee of the City nor shall the Artist exercise supervision over any employee or official of the City. Article 9 Assignment, Transfer, Subcontracting. 91 Written Consent Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other, provided, however,that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval 9.2 Subcontracting. The Artist may subcontract portions of the Work at the Artist's expense provided that said subcontracting shall not affect the design, appearance, or visual quality of the Work, and that such Work is carried out under the personal supervision of the Artist and first approved by the City of Kent Article 10 Termination If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants,agreements, or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination The defaulting party shall have thirty(30)days after receipt of the notice to cure the default to the satisfaction of the other AGREEMENT FOR ART WORK—7 of 9 • party If it is not cured, then this Agreement shall terminate In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become its property, provided, that no right to fabricate or execute the Work shall pass to the City, and the City shall reasonably compensate the Artist pursuant to Article 2 for all services performed by the Artist prior to termination. Notwithstanding the above,the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Artist,and the City may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined In the event of default by the City,the City shall promptly compensate the Artist for any unpaid amount for the services performed by the Artist for all materials purchased by the Artist in performance of the obligations made under this agreement prior to termination Article 11 Contract Administrator. The Contract Administrator for this Agreement shall be the Parks Director or his designee. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City,the Parks Director or his designee shall represent and act for the City 11.1 Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product 11.2 Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 11.3 Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,King County,Washington,unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, Provided,however,nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. 11.4 Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mad, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. AGREEMENT FOR ART WORK—8 of 9 11 5 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 116 Modification No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor 11 7 Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However,should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail 11.8 Compliance with Laws The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations 119 Heirs and Assigns This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representative, successors and permitted assigns IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. ARTIST: CITY O NT: By By (signal e) (signature) Print Name. :� t�Cf �✓ .t �,� 'w Print e: Jim White Its Its Mayor title DATE. '?G T DATE -6 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: /4 D1E95V Q lZrU iL s S Ms Brenda Abney at y L e City of Kent Parks Cultural Programs / 220 Fourth Avenue South S Kent, WA 98032 2D6 373 (telephone) (253)856-5058(telephone) �4- R2�_`-?, q�t1 (facsimile) (253)856-6050 (facsimile) APPROVED AS TO 60 Kent City Attorney AGREEMENT FOR ART WORK—9 of 9 i t DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors,subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1 1 have read the attached City of Kent administrative policy number 1.2 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race,color,national origin,age,or the presence of all sensory,mental or physical disability. 3. During the time of this Agreement the prime contractorwill provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this I!f' day of 200-3 By- For. O-S Title C'w Nl;l Date- lL f 5 2cex'3 EEOC DOCUMENTS FOR ART WORK AGREEMENT-1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors,subcontractors,consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEOC DOCUMENTS FOR ART WORK AGREEMENT-2 of 3 r CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By For- Title- Date: EEOC DOCUMENTS FOR ART WORK AGREEMENT—3 of 3 EXHIBIT A ARTWORK PROPOSAL Kent Memorial Park Public Aft Proposal The artwork will be placed on the community center building and in the large empty green space located in front of the center. The design is a circular and sphere motif and will be executed in three parts—a wall mural, a viewing path and a sculptural element The first two design aspects will include three accessible workshops to be held in the community center. As part of the overall concept, the artists will be responsible for painting the building fagade and, if applicable, coordinating the painting of the building with volunteer and/or City work crews 1) Wall Mural — 360 square foot tile and mosaic mural across the front of the building. The wall will incorporate 4"x8" subway tile in a six foot high band, spanning the front of the building. Throughout the band of tile, intricate mosaic designs will fill cut out circular shapes. The weather resistant tiles are fabricated specifically for a public setting All tiles will be fabricated from high- fired stoneware with glazes containing 10% or more Alumina to resist abrasion. All tiles will be .5" or greater, installed on .5" cement board and attached to the cinderblock walls with polyurethane construction adhesive and 1.25" tapcon screws. Tiles will be installed with exterior thinset mortar, sanded tile grout and exterior sealer 2) Viewing Path —3' wide path constructed of broken stone and circular mosaic inserts. It will span from one side of the building's doorway to the other in a semi-circle, wrapping around the planting area in front of the building. The path will be construced of approximately 3" thick stone set in a 2" bed of gravel, sand and mortar at ground level. Round mosaic insets will be set on 2.5" reinforced concrete pavers and adhere as in Section 1. 3) Sphere Sculptures —5 half-sphere sculptures placed between the budding and the drive. The sphere sculptures will range from 3 to 5 feet in diameter and placed randomly with appropriate distance for grounds keeping. The construction is .5"welded rebar, two layers of metal lath covered in 3"-4" inches of reinforced hybridized concrete and brightly colored round hand- formed stoneware tile. The armatures will be imbedded 6" into a circular concrete footing with rebar reinforcements. Project Timeline o November/December 2003—final design o November—January 2004—tile fabrication o January— March 2004—Sculpture fabrication o March 2004—Community Workshops o April/May 2004 — Installation o May/June 2004—Dedication i u' EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS FOR ART INSTALLATIONS Insurance The Artist shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Artist, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Artist shall obtain Insurance of the types described below- 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Artist's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Artist shall maintain the following insurance limits- ' 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Artist's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Artist's insurance and shall not contribute with it. 2. The Artist's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, has been given to the City 3 The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Artist and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Artist's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Exhibit B Insurance&Indemnity for Art Installations—Page 1 of 2 i 1K EXHIBIT B (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M. Best rating of not less than AM I. E. Verification of Coverage Artist shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Artist before commencement of the work. F. Subcontractors Artist shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Artist Exhibit B Insurance&Indemnity for Art Installations—Page 2 of 2 Client#:799DO ANDEST A-CORD,.. CERTIFICATE OF LIABILITY INSURANCE 2/0210DD1Y""' PRODUCER - THIS CERTIFICATE 18ISSUED AS A MATTER OF INFORMATION Managing Agency Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THAMD,EXTEND OR 10 State House Square ALTER THE MCOVERAGE AFFORDEDCERTIFICATE DOESNBY THE OT POLICES BELOW. Hartford,CT 06103 060 278-1320 INSURERS AFFORDING COVERAGE NAIL 0 INSURED INSURER Ohio Casualty ANDERSEN STUDIOS INSURERS BRUCE S SHANNON ANDERSEN INSURER C. 151417TH AVENUE S INSURERD Seattle,WA 98144 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER TAMER pwzmm LIMITS A GENERAL LIABILITY SZO53113217 07/24103 07/24/04 EACH OCCURRENCE 1111,000,000 X COMMERCIAL GENERAL LIABILITY pAEM M: $300.000 CLAIMS MADE OCCUR MED EXP ON pswll) $10000 PERSONAL 6 ACV BIAIRY 61 000 000 GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 61 000 000 POLICYF—j T M LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT AUTO 6 ALL OWNED AUTOS BODILY INJURY 6 SCHEDULED AUTOS (per P&MI) HIRED AUTOS BODILY INJURY = NON-OWNED AUTOS (Par ) PROPERTY DAMAGE S (PIrso*" GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 6 ANY AUTO OTHER THAN EA ACC S AUTO ONLY' AGG 6 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 6 OCCUR CLAMS MADE AGGREGATE $ 6 DEDUCTIBLE 6 RETENTION 6 6 WORKERS COMPENSATION AND WC TGRY LIMITS EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE El EACHACCIDENT S OFFICEWMEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE i ML PROVISIOSNS below EL DISEASE-POLICY LIMIT S OTHER 7 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDOREEMEM I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WALL ENDEAVOR TO MAIL —30_ DAYS WRITTEN Kent, CA NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT BUT FAILURE TD DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AVnWItlZED lDVE ACORD 25(2001108) 1 of 2 #116794 L S RD CORPORATION 1988