Full Text
ARTWORK COMMISSION AGREEMENT (Water Department Bicycle Rack) THIS ARTWORK COMMISSION AGREEMENT (Water Department Bicycle Rack) (hereinafter "Agreement"), is made and entered into this I day of C , 2011, by and between Isaak Julye, 615 N. Jefferson, Moscow, Idaho, 83843 (hereinafter "ARTIST"), and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"). WHEREAS, Moscow Arts Director, Kathleen Burns (hereinafter "CITY"), has been charged with responsibility for administration of public art for CITY; and WHEREAS, CITY issued a call for artists who would create a permanent integrated artwork as part of the City of Moscow Water Department at 201 North Main, Moscow, Idaho, 83843 (hereinafter "PROJECT"); and WHEREAS, CITY, after completing its selection process, has determined that ARTIST's proposal meets the selection criteria and would best serve the needs of CITY for PROJECT; and WHEREAS, ARTIST and CITY wish to enter into an Agreement regarding PROJECT; NOW THEREFORE. the parties agree as follows: I. Scope of Work A. ARTIST shall complete the design, fabrication and installation of the PROJECT as described herein by June 17, 2011 and shall perform all tasks as indicated below. B. Description of artwork. PROJECT includes the design, fabrication and installation of one bicycle rack which adheres to all specified equipment and surfacing and other conditions required by 2011 Public Art Bike Rack Lock Onto Something Great Bike Rack Specifications. 2011 Public Art Bike Rack Lock Onto Something Great Bike Rack Specifications are attached hereto as Exhibit and incorporated herein the same as if fully transcribed. Bike Rack Design Description. The bike rack consists of a columnar basalt block which includes a roughly rectangular pipe that intersects the basaltic column through a hole bored through it which secures an approximately two inch copper pipe and fittings. Wooly thyme or a similar blue-tinted creeping groundcover will be placed below the pipe outlet to simulate water coming from the pipe, as more particularly described in Exhibits and which are incorporated herein the same as if fully copied. In addition to the descriptions contained herein, ARTIST shall utilize Type copper piping and shall epoxy the copper tube within the basalt column. ARTWORK shall be installed to the west side of the front entry door of 201 North Main Street. ARTWORK COMMISSION-WATER DEPT; ISAAK JULYE PAGEIOF6 '2.0 ---PAGE BREAK--- C. Time of Performance. ARTIST shall coordinate commencement and installation of the work with Moscow Arts Director, Kathleen Burns and shall have the work in place not later than June 17, 2011. ARTIST shall immediately notify CITY of any delay which occurs or which is anticipated to occur so that arrangements can be made to complete the artwork for PROJECT as close to the completion date of June 17, 2011 as reasonably possible. Date of delivery and installation may be extended, for a reasonable amount of time, due to circumstances and events beyond control of CITY and/or ARTIST, due to other unforeseen circumstances, or upon written Agreement by the parties. D. Consultation with CITY. If requested by CITY, ARTIST shall, prior to fabrication and/or installation of the artwork, meet with CITY to review the proposed artwork and ensure that it can be maintained over the period of its lifetime without extraordinary expense and that it comports with the design as submitted to CITY prior to the award of PROJECT to ARTIST. II. A. Compensation. The total fee for the design, fabrication and installation of art for PROJECT shall be an amount not to exceed Four Thousand and No One/Hundredths Dollars ($4,000.00). This amount shall constitute full compensation for all services, materials and fees to be performed or furnished by ARTIST as described in Scope of Work described at I.B. herein. B. Payment shall be made in two installments in the following manner: First payment - Two Thousand Dollars ($2,000) paid at the time of the execution of this Agreement. Final payment - Two Thousand Dollars ($2,000) upon final installation of artwork on site and acceptance of same by CITY. III. A. Termination of Agreement. This Agreement may be terminated by ARTIST upon thirty (30) days' written notice, should CITY fail to substantially perform in accordance with its terms through no fault of ARTIST. CITY may terminate this Agreement upon thirty (30) days' written notice without cause and without further liability to ARTIST, except as designated by this section. In the event of termination, ARTIST shall be paid for services performed to termination date based upon work completed. All working drawings, plans, maquettes, samples and the like shall become the property of, and shall be surrendered to CITY upon termination of Agreement under this paragraph. B. Termination of PROJECT. If any portion of PROJECT covered by this Agreement shall be suspended, abated, abandoned, or terminated, CITY shall pay ARTIST for the services rendered to the date of such suspended, abated, abandoned, or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. ARTWORK COMMISSION- WATER DEPT: ISAAK JUL YE PAGE20F6 ---PAGE BREAK--- IV. A. Independent Contractor. The contracting parties warrant by their signature that no employer/employee relationship is established between ARTIST and CITY by the terms of this Agreement. It is understood by the parties hereto that ARTIST is an independent contractor and as such neither he nor his employees, if any, are employees of CITY for purposes of tax, retirement system, social security (FICA) withholding. B. Conflict of Interest. ARTIST covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in PROJECT which would conflict in any manner or degree with the performance of its services hereunder. ARTIST further covenants that, in performing this Agreement, it shall employ no person who has any such interest. C. Changes in Regulations. ARTIST is to perform its work under the current federal, state, and local laws and regulations in full force and effect at the date of this Agreement. In the event that ARTIST is requested or directed to perform work, or amend work previously accomplished, due to unforeseen or unanticipated changes or additions to current laws or regulations, such work shall be deemed a change in scope of the work and shall be cause to amend Section II. of this Agreement in respect to maximum cost by mutually agreeable amounts commensurate with the change in conditions. v. A. CITY's Responsibility for Special Costs and Rights-of-Way. CITY shall pay for all costs for obtaining licenses and permits that may be required by local, state, and federal authorities; and shall be responsible for securing necessary land, easements, and rights-of way where applicable. B. Data of Record. CITY shall make available to ARTIST all technical data of record in CITY's possession, including maps, surveys, architectural plans and drawings, and other information required by ARTIST relating to this work. VI. ARTIST's Insurance. ARTIST shall maintain automobile insurance and statutory Workmen's Compensation insurance, employer's liability, and comprehensive general liability insurance coverage, all as required by law. VII. A. Indernpification. 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 ARTIST's performance of this Agreement, except for liability arising out of the sole negligence of CITY or its officers, agents, or employees. Further, ARTIST shall indemnify, hold harmless, and defend CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of ARTIST's performance of this Agreement, except for liability arising out of the sole negligence of CITY or its officers, agents, or employees. B. If CITY is determined to be solely negligent by a final decision in a court of law and such sole negligence by CITY directly results injudgment(s), costs, and/or expenses to ARTIST, ARTWORK COMMISSION- WATER DEPT; ISAAK JUL YE PAGE30F6 ---PAGE BREAK--- then CITY shall reimburse ARTIST for the portion of such judgment(s), costs and/or expenses attributed to CITY as a result of such determination of CITY's sole negligence. C. Risk Of Loss. ARTIST shall take such measures as are reasonably necessary to protect the artwork from loss or damage until ARTIST has completed delivery to CITY of all materials specified herein and ownership is transferred to CITY, which shall occur when delivery and/or installation is complete. ARTIST shall obtain property insurance for loss of the materials paid for by CITY while in ARTIST's possession and control. The risk of loss or damage shall be borne by CITY prior to final acceptance during such periods of time as the partially or wholly completed artwork is in the custody, control or supervision of CITY or its agents. VIII. A. Copyright and Publication of Materials. ARTIST shall retain the copyright and all other rights in and to the artwork, provided that CITY is hereby granted an irrevocable license to graphically reproduce (through photography or otherwise) the image of the artwork without CITY cost, expense or payment to ARTIST, including but not limited to, the artwork proposal and all preliminary studies, models and maquettes thereof that have been delivered to and accepted by the CITY, and to authorize third parties to graphically reproduce (through photography or otherwise) any and all of the same, as are desired by CITY, for municipal education, public information, etc.) purposes. On each such reproduction, ARTIST shall be acknowledged, using designations provided by ARTIST, to be the creator of the original artwork thereof, provided that reproductions of any preliminary studies, models and maquettes shall not be identified as or represented to be the finished artwork. The rights granted by this provision shall survive the expiration or earlier termination of this Agreement. B. CITY agrees to hold hannless ARTIST for any use of materials developed under this Agreement beyond the uses normally intended by the parties for PROJECT. C. CITY agrees to make a reasonable effort to notify ARTIST of CITY's intent, if any, to use or adapt materials developed for PROJECT following completion of PROJECT. IX. Non-discrimination. ARTIST shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental handicap, or national origin. X. Modification and Assignability of Agreement. This Agreement contains the entire Agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This Agreement may not be enlarged, modified, or altered except upon written Agreement signed by the parties hereto. ARTIST may not subcontract or assign his rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of CITY. Any such consultant, subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. ARTWORK COMMISSION- WATER DEPT; ISAAK JUL YE PAGE40F6 ---PAGE BREAK--- XI. Costs and Attorney Fees. In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. XII. Jurisdiction and Venue. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. XIII. Binding on Successors. CITY and ARTIST each bind themselves, their partners, successors, assigns, and legal representatives to the other parties to this Agreement and to the partners, successors, assigns, and legal representatives of such other parties with respect to all covenants of this Agreement. XIV. A. CITY's Representatives. CITY shall designate a representative authorized to act in behalf of CITY. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. B. Communication with CITY shall be to City of Moscow Arts Director, Kathleen Bums, P 0 Box 9203, Moscow, Idaho, 83843, or via email C. Communication to ARTIST shall be to Isaak Julye, 615 N. Jefferson, Moscow, Idaho, 83843, (208) 882-6442. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. ARTIST: Isaak Julye CITY: City of Moscow, Idaho By: f_ _ lSaak JulyĂ/ ARTWORK COMMISSION- WATER DEPT; ISAAK JUL YE PAGE5 OF6 ---PAGE BREAK--- STATE OF IDAHO ) ) ss. Count of Latah ) On this {15 day of < , 2011, before me, the undersigned, a Notary in and for said State, personally appeared Isaak Julye, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he executed the same in his capacity as ARTIST. \\\11111111 II II fit IN I have hereunto set my hand and affixed my official seal the day and year hereiop)q·wntten:··· / OTARY \ \ o _ Jt t ch - . . - - IY1 H- = \ j - Notary Public 7he Sta'teo = % PUBL\C / j Residing at _ _ • • . . .t I . .0 My exptres: TJ 2 2- :JO uu OF 1111111 I II I II I II\\ ARTWORK COMMISSION-WATER DEPT; ISAAK JUL YE PAGE60F 6 ---PAGE BREAK--- 2011 Public Art Bike Rack Lock onto Something Great Moscow Water Department City of Moscow and Moscow Arts Commission Deadline for submissions: 5 pm, Friday, May 20, 2011 moscol . i City of Moscow Arts Office, City Hall, 206 E. Third St., Moscow, ID 83843 Contact: Kathleen Burns, Arts Director, [EMAIL REDACTED] Bike Rack Specifications - City of Moscow Water Department 201 N Main St The Moscow Water Department has supplied safe drinking water to the residents and businesses of Moscow Idaho since the 1890s. An elaborate system of wells, filters, reservoirs, miles of underground infrastructure, and the individuals who manage it, all play a vital role toward delivering the precious underground aquifer resource to the tap. Conserving this resource has been and will continue to be an important goal for the city. To assist Moscow's citizens with their water conserving goals, there are several establised conservation programs at the Water Department. One such program, created in 2008 and referred to as Wisescape TM, emphasizes efficient landscaping that reduces water consumption for outdoor irrigation. The Wisescape approach promotes a limited turf and efficient irrigation design, reduction of resources, soil enhancements, and site-appropriate plants. To help inspire those to create a Wisescape on their own property, the Water Department created a Wisescape Demonstration Garden at 201 N Main St in 2009. Combining the Water Department infrastructure, conservation message, and the natural appeal of the Wisescape is the desired outcome for the bike rack to be placed at the 201 N Main St site, within the Wisescape Demonstration Garden. It is imperative that the bike rack blend with the natural setting of the Wisescape, while using known water infrastructure materials. The following are requests from the Water Department for the bike rack to include, but not limited to. 1. City of Moscow "Bicycle Parking Guidance" recommendations are to be followed. 2. Completed by the week of June 13th, 2011 in preparation of Ribbon Cutting Event during artwalk Evening Opening Reception on June 17th. Placement is to be at the south side of the building, more specifically, under the buildings overhang just to the west side of the front entry door of 201 N Main. Space Pictures included in packet. 4. No impervious surface slab. 5. Bike rack to accommodate a minimum of 2 bikes. 6. Materials to include: • Thick wall 2" copper tubing and fittings will be used as the frame and will be the bike contact points. Joints need to be soldered or permanently adhered; tubing should be uncoated and allowed to oxidize over time. • Thick wall, 2" recycled copper tubing and fittings are also acceptable. • Columnar basalt will be used as the bike rack posts and will have the copper tube frame securely attached. Posts to be approximately 4' columnar basalt buried in the ground 1.5' deep. Exhibit ---PAGE BREAK--- All Entries must be received by Friday May 20th at Spm. Teams of artists may submit together for bike rack project. This call to artist is open to everyone regardless of age or experience. The winning entry becomes the property of the City of Moscow and the artist will be required to sign an Art Purchase Agreement transferring all rights of the work to the City of Moscow and a Public Art Conservation Record. Selected artist or team of artists will be paid a $4,000 stipend to build the Public Art Bike Rack. All materials, labor, costs and installation will be the responsibility of the artist or group of artists. For Consideration: Applicants must submit the following: VISUAL PROPOSAL (sketches or renderings created in any medium) Designs must indicate material(s), color(s), and dimensions of proposed bicycle rack(s). Renderings must be mounted neatly on poster board, Y4" foam core, or other durable presentation material. Each board should not exceed 11" x 17"; however you may submit as many boards as necessary . WRITIEN DESCRIPTION (1 page maximum) which describes your overall theme and style of artistic bicycle rack to be produced. Original digital Image of the bike rack design. Submit only high quality jpg formatted to read in Adobe Photoshop (please do not use gifs, tiffs, or other formats). Please label with your name, number, and Lock Something Great H20 CITY OF Moscow APPLICATION FORM Application Form: Name: /5 .Yu L s £ Telephone: Z o 1 } ~ L C> tf"'L Email: Address: 01_r._F_r::-_UL s _ Citys- State I D Zip '011'13 Website or *Send a return self-addressed stamped envelope for return of slides/COS and jury notification. Winning entry will become the property of the City of Moscow and will not be returned. For more information, please contact the City of Moscow Art Department ill_ +.{208}883-7036 9f [EMAIL REDACTED] or [EMAIL REDACTED] ---PAGE BREAK--- Isaak Julye I [PHONE REDACTED] 20 May 2011 Lock Something Great H20 Written Description I The proposed bike rack combines the desired elements of municipal plumbing pipe and fittings and columnar basalt in such a way as to remind all of us exactly where our water on the Palouse comes from-deep in the aquifer, the rocks below us. The pipe appears to exit the top of the column carrying water up from the earth, the pipe wraps around itself, passes through the column again and empties from a spout. To create the effect of actual water running from the pipe (and to tie into the existing Wisecape) a patch of low, creeping ground cover will planted directly below the outlet spout. The loop in the pipe creates a functional and convenient place to park and lock two bicycles. The valves contained in the pipe loop remind us that we can and should be in control of just how much water we use in our homes and, on a larger scale, the aquifers themselves. Thank you for your consideration! Exhibit ---PAGE BREAK--- ' £JI I I . Exhibit ---PAGE BREAK--- r i q91 I r I I i ! l I I x { 3 I + o - yl I l } ) I I i S I "Z 1 - qI : 4: S:l _Jf I "3 a.l- ~ i. · 'f•7!4AV ul * h l 5