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HomeMy WebLinkAboutPK12-138 - Original - Susan Zoccola, LLC - Municipal Court Center Separation Barrier Artwork - 04/24/2012 KEWT AGREEMENT FOR ART WORK between the City of Kent and Susan Zoccola THIS AGREEMENT is made and entered into by and between the City of Kent (the "City") and Susan Zoccola LLC (' the Artist"), located and doing business at 4136 Meridian Avenue N, Seattle, WA 98103. WHEREAS, the City is implementing a public art program pursuant to Ordinance No. 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 of Kent Municipal Court (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. Scope of Services. 1.1 General. a. The Artist shall perform all services and work, and furnish all supplies, materials, and equipment as necessary for the design, fabrication, transportation, and installation to the City of the Work described as City of Kent Municipal Court 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 indoor elements in 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 to certify the compliance of the Work with any applicable statutes and ordinances. The City materials, re shall furnish to the Artist all information, m a 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 his 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 project. 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 1.2(a), 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. After written approval of the submissions and revisions made pursuant to Section 1.2, the Artist shall furnish to the City a schedule for completion of fabrication, delivery, and installation 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 may be 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, delivery, and installation 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 party'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 borne by the party responsible for such discrepancy or defect. 1.4 Delivery and Installation. a. The Artist shall notify the City in writing when fabrication of the Work is completed and he 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 procedures approved by the City pursuant to Section 1.3 in accordance with the approved schedule. 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 prior 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 n other purposes of transporting, storing, installing, or performing any of e 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. 1.8 Indemnification 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, or this 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 arising out of actions of the Artist, Artist's employees, subcontractors and agents to the extent of their negligent acts, errors, and omissions. SOLELY FOR PURPOSES OF ENFORCING THE INDEMNIFCATION OBLIGATIONS UNDER THIS SUBSECTION 1.8, THE ARTIST AND THE CITY EXPRESSLY WAIVE IMMUNITY UNDER TITLE 51 OF THE REVISED CODE OF WASHINGTON, THE INDUSTRIAL INSURANCE ACT, AND AGREE THAT THE OBLIGATION TO IDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDED FOR IN THIS SUBSECTION 1.8 EXTENDS TO ANY SUCH CLAIM BROUGHT AGAINST THE INDEMNIFIED PARTY BY OR ON BEHALF OF ANY EMPLOYEE OF THE INDEMNIFYING PARTY. THE FOREGOING WAIVER SHALL NOT IN ANY WAY PRECLUDE THE INDEMNIFYING PARTY FROM RAISING SUCH IMMUNITY AS A DEFENSE AGAINST ANY CLAIM BROUGHT AGAINST THE INDEMNIFYING PARTY BY ANY OF ITS EMPLOYEES. 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 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, and maquettes for use in exhibits of display for reasonable periods to be mutually agreed upon by the Artist and City, and the Artist agrees not to unreasonably withhold his consent. Article 2. Compensation, Payment Schedule. Retainage, and Expenses. 2.1 Compensation. 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. 2.2 Sales Tax. 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. 2.3 Prevailing Waoe. Without limitation of any other provision of this Agreement, Artist shall pay or cause to be paid where applicable, prevailing wages for work, if any, performed by employees or subcontractors, as established by the Washington State Department of Labor and Industries. Artist shall pay prevailing wages in effect on the date of execution of this Agreement and shall comply with Chapter 39.12 of the Revised Code of Washington and rules adopted thereunder. The latest prevailing wage rate revision issued by the Department of Labor and Industries is hereto attached. 2.4 Retainaae. The City shall hold back retainage in the amount of five percent (5%) of each contract payment for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the Washington State Department of Revenue and the Washington State Department of Labor and Industries, if prevailing wage payments are applicable, and until resolution of any claims filed under Chapter 60.28 RCW, whichever is later. 2.5 Schedule. Total payment, including all expenses and sales tax, if any, shall not exceed the sum fee of Twenty Seven Thousand Five Hundred Dollars ($27,500.00). Payments will be made upon a percentage of completion as set forth below (note that these amounts will be reduced by retainage withheld as set forth in section 2.4 herein) Paymentof $ 3,750.00 Upon completion of final design, including a conservation consultation. Payment of $ 9,000.00 Upon fifty (50) percent completion of fabrication of work. ; Paymentof $ 9,000.00 Upon one hundred (100) percent completion of fabrication of work. Payment of $ 3,750.00 Upon delivery and installation of work. Paymentof $ 2,000.00 Within thirty (30) days of final acceptance by the City. THE ARTIST'S ACCEPTANCE OF THIS FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS FOR ADDITIONAL PAYMENT OR DAMAGES ARTIST MAY r. ASSERT AGAINST THE CITY. 2.6 Artist's Expenses. The Artist shall be responsible for the paym ent 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 1.3; provided, that such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.2 Early Completion of Artist Services. The Artist shall bear the transportation and storage costs resulting from the completion of Artist services hereunder prior to the time provided in the schedule for completion. 3.3 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 or acts 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. 4.2 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 to pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et seq., 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 for the purposes of promotion, publicity, education, or exhibition of the artwork or the City Art Collection. The Artist will approve any use of the reproduction of the artwork that is not directly related to the City Art program and in any revenue generating or for profit manner and may be entitled to royalties or additional usage fee in such case. 6.2 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. 6.3 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. 6.4 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 Property. 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. 7.1 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. 7.3 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. C. If, after conducting a thorough review according to the policies of the City Art Plan, it is determined that the integrity of the artwork as described in Exhibit A cannot be maintained or the repair or maintenance of the artwork is prohibitively expensive, the City may: (1) remove the Work from public display or (2) sell or destroy the Work. 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. 7.5 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. Notwithstandingthis provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. 7.6 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. 9.1 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 art to this Agreement shall willful) or party 9 Y 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 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 Director of Parks 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. Article 12. 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. Article 13. 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. Article 14. Resolution of Disrutes and Governina 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 I award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 1.8 of this Agreement. Article 15. 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 mail, 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. Article 16. 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. Article 17. 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 Artist. Article 18. 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. Article 19. Compliance with Laws. 19.1 General. The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 19.2 Non-Discrimination In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artists, her subcontractors, or any person acting on behalf of the Artist or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Artist shall execute the attached City of Kent Equal Opportunity Policy Declaration, Comply with City Administrative Policy 1.2 and, upon completion of the work under this Agreement, file the attached Compliance Statement. 19.3 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: Susan Zoccola City of Kent By: By: Su n occola et e ke, Mayor DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Susan Zoccola Ms. Cheryl dos Remedios 4136 Meridian Avenue N City of Kent Parks Cultural Programs Seattle, WA 98103 220 Fourth Avenue South Kent, WA 98032 206-856-6644 (telephone) (253) 856-5058 (telephone) (253) 856-6050 (facsimile) APPR VED AS O JFO �: Kent Law Departmen 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. I 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 contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. i 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. 1� Dated this day of P AIL. , 201 Z. By: V AI`I 2 0 C G c L A For: 6AV ik"-f 2.0G c c v Vim' Title: k"% Date: �U 1 ty Q Q73 :3 At (D Q m Q s o ° Q ;v N C ^ a ° 3 N (D (g CD (am (D _ � Q Q = N n c o �_ Q m 3 0 � _Q (D 0 o c � 0 a o m m N O (� ,` �' ° o Q A (D 3 m 0 °- ° CD a C� O p n r (D o Q Q H — O y o Q u ° Q Q° 3 Q a ° o O(D N 11 �� (° Q (D (D (D 7 (Da Q _ _ Q o (3 (D (Q 6 n `° o r" m o `° ° Crm `° Oo < O a 7 j A (D 'A..•. .., Q a Q O Q U (D � O ? N '� - m a Q a m 0 m a o o Q Q `° s (D a a �' O ( a o a- O O (D O O m. 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Q i� c'z � rn 0 O D J) � . . . N oe �? 7c js to 4 CD Q O Q -6 C Q — H (D Q (D W O Q Q _N C07 ~ CfA Q � Q �. D O O 717 {/► 39 {fi 464 404 4, 9 69 b► GO U W W N OD �O N U O O O 00 O O 00 p C O O O O O O O rn ao I� a a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written ; on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 1185. The City shall be named as an insured under the Contractor'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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. A� CERTIFICATE OF LIABILITY INSURANCE /11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Insurance Services of Washington NAME Insurance Services of Washington Inc PHONE (425)868-1123 FAXA�C No (425)868-2411 8195 166th Ave NE #202 E-MAIL ADDRESS P O BOX 62 INSURE S AFFORDING COVERAGE NAIC# Redmond WA 98073-0062 INSURERANationwide Mutual Insurance Co 23787 INSURED INSURER B SUSAN ZOCCOLA LLC INSURER C 4136 MERIDIAN AVE N INSURER INSURER E SEATTLE WA 98103-8308 INSURER COVERAGES CERTIFICATE NUMBER 2011 REVISION NUMBER THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTED 100,000 PREMISES Ea occurrence $ A CLAIMS-MADE OCCUR P7543070530 9/30/2011 9/30/2012 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY IS 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS AGG S 2,000,000 X POLICY JECIT PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Peraccident $U $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ CEO RETENTION $ WORKERS COMPENSATION WC STATU- DTH- AND EMPLOYERS'LIABILITY I ER Y I NER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED Li NIA (Mandatory In NH) E L DISEASE-EA EMPLOYE $ Ifyes descnbeunder DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required( Certificate holder is an additional insured per the attached CG 20 10 07 04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent Municipal Court ACCORDANCE WITH THE POLICY PROVISIONS 1220 Central Ave $Kent, WA 98032 AUTHORIZED REPRESENTATIVE M Haller, CIC/bJFH ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved. INS025mmnn51n1 This Arf1Rln nnmis nnrl Inn^nro rnrnefurrarl mnrkc of Arewn /�.00 REQUEST FOR MAYOR'S SIGNATURE �� KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Reviewed by City Attomey Director Approved [o Route, Orl inator: Cheryl dos Remedios Phone (Originator): 253.856.5058 Date Sent: April 20, 2012 Date Required: May 4, 2012 Return Signed Document to- Cheryl CONTRACT TERMINATION DATE: N/A VENDOR NAME: Susan Zoccola LLC DATE OF COUNCIL APPROVAL: March 20 2012 Brief Explanation of Document: As a part of the Court remodel, a "Center Separation Barrier Artwork" is being designed, fabricated and installed by the artist Susan Zoccola. This integrated artwork will be located at the main entry to prevent someone from stepping out of line and avoiding the metal detector. It will also keep the exit aisle clear from the people entering the building. The artwork is designed to maintain visibility for police and security guards, allowing them to keep tabs on who is leaving the building. This structural, safety improvement replaces the existing rope and stanchions. The artist was selected and the design was approved by a panel that included Councilmember Perry, Judge Phillips, Arts Commissioner Machler, Court Administrator Yetter, the architect Dave Clark and the artist Joyce Moty. Facilities Superintendent Ackley also participated in the design review. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: E�Approval of Law Dept.: APR Law Dept. Comments: � I � 2QiZ KENT LAW DEPT Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: r'�� U E II Recommendations and Comments: r,�o r.i i G 5 2a12 Disposition: ¢1z't' !V�'/Z— CIS'CF n_NT �LU �d Gt CIT) CLFr.V, Date Returned: