The following application materials are due July 7, 2017 11:59 PM in Mountain Time Zone (Denver, CO, USA) on deadline date
1.Statement of interest, qualifications and ideas for the project.
2.Resume or bibliographical summary focusing on the applicant’s career as an artist and past experience.
3.Submit 8-20 JPEG images.
4.A list shall accompany the images and should include the photograph number and description of the photographs submitted including title, year, location (City, project sponsor, and building), medium and dimensions.
SELECTION PROCEDURE
The Peoria Arts Commission has established a selection committee to review the submitted application materials and provide the Commission with a recommendation. The Commission will review the committee’s suggestions and then make its project recommendations to the full City Council for action. The general public will have an opportunity to view and comment on finalists’ proposals which will be on physical display at City Hall, 8401 W. Monroe Street, Peoria, AZ 85345 and on the City’s web pages and social media from.
FINALISTS
The selection committee will invite up to three semi-finalists to develop complete proposals. Prior to submitting proposals, semi-finalists are welcome to visit the site visit to obtain a better understanding about the project. Proposals should include drawings, model, plus specific information on scale, medium, installation, and complete budget. Semi-finalists are also required to make a presentation of their final proposals. Each semi-finalist will receive a stipend to help compensate for out-of-pocket costs associated with the competition. The stipend can reimburse proposal-related costs such as models, drawings, and travel to Peoria.
Project Criteria
Criteria for evaluating the finalists’ proposals are as follows:
A.Artistic merit and quality of artwork
B.Artist’s past experience or “track record” of producing commissions of similar size, scope, cost, artistic media, etc.
C.Likelihood that the artist can produce the art product in the given time period, budget, and guidelines.
D.Sensitivity and understanding of the proposal to the site, surroundings, and Peoria’s image
E.Attention to safety, durability and maintenance requirements.
SUBMISSIONS
Applications must be received by July 7,2017.
For more information about this project, please contact Cultural Arts Coordinator André Licardi at 623-773-5193
Timeline
Call to Artists Announcement 6/1/17
Deadline for Submissions 7/7/17
Announcement of Semi Finalist(s) 8/24/17
Presentation by Semi-Finalist(s) TBD
Arts Commission Meeting 1st meeting after Finalist chosen
Public Display of
Finalist’s Proposal 4 weeks
City Council Consideration 1st Council meeting after Commission meeting
Announcement of Commission TBD
Completion of Artwork 4-6 months from contract signing
The above timeline may be adjusted by the Peoria Arts Commission as necessary. All parties involved in the commission process will be notified of any adjustments to the project scheduled.or andre.licardi@peoriaaz.gov.
Artist(s) who are selected will be required to sign a legal agreement with the City of Peoria. The agreement will be provided upon final selection. If you have any questions please contact:
Christine Finney, MPA, CPPB, Contract Officer
City of Peoria Materials Management
P: 623.773.7531
E: christine.finney@peoriaaz.gov
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
THIS AGREEMENT is entered into this ______day of ____________ by and between the City of Peoria, Arizona, an Arizona charter municipality (the “City”), and ____, an individual artist located in ________ (the “Artist”).
WHEREAS, the City has implemented a public art program by allocating certain funds for the establishment of artworks in public places and authorizing the making of payments for the design, execution, fabrication, transportation and installation of works of art; and
WHEREAS, the City’s Percent-For-Art funds have been allocated for the selection, purchase and placement of art work; and
WHEREAS, the Artist was selected by the City through procedures duly adopted by the Peoria Arts Commission (hereafter “Arts Commission”) and by the Mayor and City Council of the City to complete ________ (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 art work.
NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows:
1. SCOPE OF SERVICE
General. The Artist shall perform all services and furnish all supplies and materials as necessary for the design, site preparation, execution, and installation of the Work located at ________ (the “Site”). The Work must depict the concept presented to the Selection Committee on and approved by the City Council on ________. The execution of the Work on the Site is the “Project.”
2. REQUIREMENTS
2.1 The Artist shall provide all supplies, material and/or equipment necessary for the design, fabrication, delivery, and installation of the Artwork. Additionally, the Artist shall provide the necessary Certificates of Insurance, and provide coordination with the City and its contractors, and all project managers.
2.2 The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City as set forth in this Agreement. To ensure that the Artwork as installed shall not interfere with the intended use of the Site, pedestrian and other traffic flow, parking, and safety devices and procedures at the Site, the Artist’s proposal shall be reviewed and approved by the City to ensure compliance with these objectives.
2.3 The Artist shall provide a list of all subcontractors along with a copy of the agreement between the Artist and each subcontractor.
2.4 The Artist shall provide the design and sealed structural engineering drawings for any concrete slab or footings that may be required (even if installed by the City of Peoria).
2.5 The Artist shall arrange the transportation and installation of the Artwork in consultation with the City. If the Artist does not install the Artwork himself or herself, Artist shall supervise and approve the installation.
2.6 Licenses. Artist shall maintain in current status all applicable Federal, State and Local licenses and permits required for the work being conducted by the Artist as applicable to this Agreement.
2.6 Laws and Regulations. The Artist shall comply with all existing City of Peoria and County codes, ordinances and regulations and state and federal laws and Occupational Safety and Health Standards (OSHA) in any manner affecting the work herein specified. He or She shall at all times observe and protect and indemnify the City of Peoria, Arizona, and its officers and agents against any claim or liability arising from or based on the violation of any such ordinances, regulations or laws.
3. COORDINATION WITH CITY
3.1 Commencement of the Work. Artist shall meet with the City of Peoria prior to commencing the Work to discuss and coordinate the location of the Work at the Site and for such other purposes as are reasonably necessary to coordinate and assure the fulfillment of Artist’s obligations hereunder and the expectations of the City.
3.2 Fabrication Stage.
a) The Artist shall fabricate and install the Artwork in substantial conformity with the design. The Artist may not deviate from the approved design without written approval of the City.
b) The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such as the application of protective or anti-graffiti coatings, if applicable, unless the City disapproves. If the Artwork is being constructed on-site, the Artist shall avoid creating nuisance conditions arising out of the Artist’s operations. Prior to requesting authorization to transport and install the Artwork, the Artist shall be required to provide the City with a list of all workers or subcontractors and equipment to be used along with the hours of operation and the scope of worktop be performed on site. All additional workers or subcontractors must provide proof of insurance prior to entering the site.
c) The City shall have the right to review the Artwork at reasonable times during the fabrication. Upon reasonable notice, the City of Peoria reserves the right to send a City designee (at the City’s sole expense) to visit the Artist’s studio/shop/facility during the fabrication process to observe and document the project’s progress including, but not limited to: adherence to project schedule, use of stated materials, methods of fabrication of the Artwork. The Artist shall reasonably accommodate the City’s request for any review/visit.
d) If the City, upon review of the Artwork, determines that the Artwork does not conform to the Design or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies and that the City intends to withhold the next budget installment.
e) The Artist will promptly cure the City’s objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork, and upon approval shall release the next budget installment. If the Artist disputes the City’s determination that the Artwork does not conform, the Artist shall promptly submit reasons in writing to the City within ten (10) days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether the Artist has complied with the terms of this Agreement shall remain with the City.
f) The Artist shall notify the City in writing when fabrication of the Artwork has been completed, and that the Artwork is ready for delivery and installation at the Site if the Artwork was fabricated off-site.
g) The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional storage fees incurred as a result of such delays are the responsibility of the City. The Artist shall be required to inspect the Site prior to the transportation and installation of the Artwork and shall notify the City of any adverse site conditions that will impact the installation of the Artwork which are in need of correction.
3.3 Changes to Design. Prior to the execution of any change in the approved design, Artist shall present proposed changes in writing to the City for further review and approval. The Artist must provide a detailed description of any significant changes in the artistic expression, design, dimensions and materials of the Artwork that is not permitted by nor in substantial conformity with the already approved design. Such notice will also include a detailed description of any additional costs that may be incurred or changes in the budget. A significant change is any change which materially affects installation, scheduling, site preparation or maintenance of the Artwork or the concept of the Artwork as represented in the Design. If the City approves the changes, it shall promptly notify the Artist in writing. If the Agency disapproves of the changes, the Agency shall promptly notify the Artist in writing and the Artist shall continue to fabricate the Artwork in substantial conformity with the design.
3.4 Risk of Loss. The risk of loss or damage to the Work shall be borne by the Artist until completion of the Work, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until completed and accepted by the City within (14) days of notification by Artist of completion of the project.
3.5 Permitting and Inspections. If required, the City of Peoria shall apply for any permits and/or other jurisdiction work authorizations that may be required. The City of Peoria may assign the Artist responsibility for receiving any or all permits after award of contract. This assignment of responsibility will not include responsibility for payment of fees associated with the issuance of permits. Artist shall be responsible for the coordination of, and request for any necessary inspections and shall have responsibility to perform work in compliance with issued permits to receive all applicable approvals.
3.6 Development and Engineering.
a) For public art projects that will be displayed on municipal property, not in the public right-of-way, the artist shall coordinate the placement of the art and the construction of all art appurtenances (foundations, lighting, landscape modifications, and erection), resulting in a complete art installation. The artist will be assigned to a Development & Engineering Department liaison who will guide the artist and his/her design and construction professionals through the processes of planning, private utility verification, approvals, and permitting. The design of foundations, power and/or lighting, and certain landscape and/or irrigation modifications shall be prepared by a design professional licensed by the State of Arizona. All construction shall be performed by a general contractor and/or specialty subcontractors licensed by the State of Arizona. The artist must account for these services, construction costs, permit fees, and process durations in their final proposal.
b) For public art projects that will be displayed in the public right-of-way, the artist shall coordinate the placement of the art and the construction of all art appurtenances (foundations, lighting, landscape modifications, and erection), resulting in a complete art installation. Public art projects may not interfere with and/or impede maintenance access to any public and private utilities in the public right-of-way. Public art projects must not conflict with established visibility triangles at intersections or impede views of oncoming traffic at medians. The artist will be assigned to a Development & Engineering Department liaison who will guide the artist and his/her design and construction professionals through the processes of planning, utility verification and notification, approvals, and permitting. The verification of visibility conflicts, design of foundations, power and/or lighting, and certain landscape and/or irrigation modifications shall be prepared by a design professional licensed by the State of Arizona. All construction shall be performed by a general contractor and/or specialty subcontractors licensed to perform work in the public right-of-way by the State of Arizona. The artist must account for these services, construction costs, utility relocation costs, permit fees, and process durations in their final proposal.
3.7 Title. Title to the Work shall pass to the City upon final acceptance by the City.
3.8 Payment. The City of Peoria will process payments as soon as practicable but no later than within thirty (30) calendar days after receipt of invoice unless a good faith dispute exists as to any obligation to pay all or a portion of the account. All invoices shall document and itemize the Artist’s completion of milestones representing payment.
4. FINANCIAL CONSIDERATIONS
4.1 Artist’s Fee. The Artist shall provide the labor, supplies, and materials necessary to design, fabricate, transport, and install the project for the City of Peoria. The City will pay the Artist a total of $_____ for the Project as follows:
***the following timeline will ultimately be determined by what was submitted by the artist if accepted by the City***
• 50% upon signing of this Agreement for the purchase of materials, hiring of laborers, and rental of equipment for fabrication of the Artwork.
• 25% upon receipt of documentation of one-half completion of fabrication
• 25% upon completion, installation and final acceptance by the City.
4.2 Artist Expenses. The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City, site preparation, and the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services rendered under this Agreement.
4.3 Ownership of Documents, Models. Upon final acceptance, all studies, drawings, designs, prepared and submitted under this Agreement shall be and remain the property of the City.
5. WARRANTIES
5.1 Warranties of Title. The Artist represents and 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 prior to City approving Artist’s conception, 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 whatever.
5.2 Warranties of Quality and Condition. The Artist represents and warrants 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.
5.3 Survival of Warranties. The warranties described in this section shall survive for a period of one (1) year 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 re-fabrication of the Work).
6. REPRODUCTION RIGHTS
6.1 Copyright. The Artist shall retain copyright but shall make no exact duplications to full scale of the work at another location. All copyright and further reproduction rights to the WORK shall remain with the ARTIST.
6.2 Reproductions: The Artist shall allow the City to make and authorize the making of photographs and other two-dimensional reproductions of the Work for educational, public relations, arts promotional, marketing, and non-commercial purposes for as long as the City owns the Work. On any such reproductions, the City shall take reasonable measures to identify the Artist as the creator of the Work. In the event the City wishes to use the Work for commercial purposes, the City shall contact the Artist so that a separate agreement may be negotiated.
6.3 Copyright Notice. All productions by the City shall contain a credit to the Artist.
6.4 Credit to the City. The Artist shall use his best efforts to give a credit, reading substantially, an original work owned and commissioned by the City of Peoria, Arizona, in any public showing under the Artist’s control and reproductions of the Work.
6.5 Disposition. Nothing in this Section shall preclude any right of the City to remove the Work from public display or to destroy the Work.
7. TERMINATION
7.1 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. If it is not cured, then this Agreement shall terminate. In the event of default by the City, the City shall promptly compensate the Artist for the full amount due the Artist under this Agreement. In the event of default by the Artist, the Artist shall promptly reimburse the City for all funds paid to the Artist under this Agreement.
7.2 In the event of the death or a disability of the Artist which prevents Artist from completing the Work and performing his obligations hereunder, the Artist or the Artist’s heirs shall be allowed the option of completing the Work in accordance with the terms and scope of this agreement; in the event that the Artist or the Artist’s heirs are unable to complete the Work, the 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 the City’s property, including the right to fabricate or execute the Work, and shall pass to the City and the Artist or Artist’s heirs shall be entitled to compensation under this Agreement to the extent earned by the Artist at his death or commencement of his disability. The Artist shall be deemed disabled and prevented from completing his obligations hereunder if his illness or disability causes a delay of more than six (6) months in the installation of the Work at the Site.
8. INSURANCE REQUIREMENTS
8.1 Certificate of Insurance
The Artist, at Artist’s own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the City.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City, constitute a material breach of this Contract.
The Artist’s insurance shall be primary insurance as respects the City, and any insurance or self insurance maintained by the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the City.
The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Artists acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage which contain deductibles or self insured retentions. Such deductible and/or self insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Artist shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require the Artist to secure payment of such deductibles or self insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit.
The City reserves the right to request and to receive, within 10 working days, copies of any or all of the herein required insurance policies and endorsements. The City shall not be obligated, however, to review same or to advise Artist of any deficiencies in such policies and endorsements, and such receipt shall not relieve Artist from, or be deemed a waiver of the City's right to insist on, strict fulfillment of Artist’s obligations under this Contract.
The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
8.2 Commercial General Liability. Artist shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract. The coverage shall not exclude X, C, U.
Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20370704, and shall include coverage for Artist’s operations and products and completed operations.
If required by this Contract the Artist subletting any part of the work, services or operations awarded to the Artist shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner's and Artist Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Artist’s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Artist’s Commercial General Liability insurance.
8.3 Automobile Liability. Artist shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Artist’s any owned, hired, and non owned vehicles assigned to or used in performance of the Artist’s work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00010306, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards.
8.4 Workers' Compensation. The Artist shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Artist’s employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.
In case any work is subcontracted, the Artist will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Artist.
8.5 Certificates of Insurance. Prior to commencing work or services under this Contract, Artist shall furnish the City with Certificates of Insurance, and formal endorsements as required by the Contract, issued by Artist’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made" basis, coverage shall extend for two years past completion and acceptance of the Artist’s work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title.
9. MISCELLANEOUS
9.1 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 or official of the City nor shall the Artist exercise supervision over an employee or official of the City.
9.2 Assignment or Transfer of Interest. The Artist shall not assign or transfer an interest in this Agreement.
9.3 Contract Administrator. The contract administrator for this Agreement shall be the City Manager 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 City Manager or his designee shall represent and act for the City, except where approval of the Work is required, such approval shall be by act of the City Council.
9.4 Nondiscrimination. In carrying out the performance of the services designated, the Artist shall not discriminate as to race, creed, religion, sex, age, national origin or the presence of any physical or mental handicap.
9.5 In carrying out the performance of the services designated, the Artist shall not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §35-393.01
9.6 Compliance. The Artist shall be required to comply with Federal, State and City statutes, ordinances and regulation applicable to the performance of the Artist’s services under this Agreement.
9.7 Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby.
9.8 Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance.
9.9 Governing Law. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Arizona.
9.10 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows:
If the City, to:
City of Peoria
8401 West Monroe
Peoria, AZ 85345
P: 623.773-7115
E: materials.management@peoriaaz.gov
If to the Artist:
___________
___________
___________
___________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.
_____________________
City Manager
_____________________
Artis
Approved As To Form:
_____________________
City Attorney
Attest:
_____________________
City Clerk