The City of Westminster is committed to growing the appreciation for art in all forms within the community. The Big Dry Creek Trail Murals Project will provide public art in a venue that showcases the City’s open space program while encouraging a healthy and active lifestyle. This will be the final year of a multi-year project targeting the underpasses along our trail system.Previous murals can be seen at the underpasses of 104th Avenue, U.S. 36, Westcliff Boulevard, and near Wadsworth Boulevard.
The Open Space Program within the City of Westminster originated over 30 years ago. Then only the second municipal open space program in the state, it now has preserved over 3,000 acres of natural areas throughout the City. Residents have valued open space as the top amenity within the City and come to identify Westminster through open space. The Big Dry Creek Trail is the City of Westminster’s showcase trail system and winds 12 miles through the heart of the City. Located on both riparian and upland prairie ecosystems, this trail is used for exercising, commuting, wildlife viewing and connecting with nature.
Compensation
The City is seeking two artists: one to complete a mural on both sides of the underpass along Big Dry Creek Trail that goes under the 112th Avenue just west College Hill Library (approximately 798 sq. ft.) and one to complete a mural on both sides of the underpass along Big Dry Creek that goes under 128th Avenue just west of Big Dry Creek Park (approximately 130 sq. ft.). All murals will have a theme associated with human connection to nature, wellness, literacy, and/or outdoor recreation, city of Westminster history, and human connection. Artists hired for the 112th Underpass will be paid $5,700 commission and materials. Artists hired for the 128th underpass will be paid $1,900 commission and materials. These amounts are inclusive of all related expenses, including materials, insurance, etc. If needed, the City will provide scaffolding.
Requirements
1. Complete application submitted prior to the application deadline
2. Artwork examples submitted represent the artist’s own original work
-Images: Minimum: 5, Maximum: 5, with the option for up to 1 video
3. Resume: A current resume that outlines your professional accomplishments including previous murals completed and any relevant local/state government contracts. Please limit resumes to two pages maximum.
4. Statement of Interest: A statement of interest of 250 words or less outlining the artist’s interest in the specific opportunity and the artist’s experience working on similar projects.
5. Vision Statement for the commission and Rough Draft: A statement of 500 words or less describing what the artist envisions for the mural in line with the Project Vision. A rough draft of the image the artist envisions for the space.
Site Details
Please see attached PDF files for images of the mural surfaces.
Eligibility
The City is seeking experienced muralists. This project is open to professional artists over the age of 18.
Please note: The art must be apolitical, non-religious, and not government-centric. No vulgar, profane, discriminatory, violent or pornographic references. Entries not meeting eligibility guidelines will be withdrawn from consideration. The City of Westminster reserves the right to choose anywhere from zero to four artists based on the quality of the proposed murals.
Selection Process
The City of Westminster will be using a 3 Step Call Process:
• Step 1: Interested muralists to submit an overview of their qualification for these mural projects. Submission process will open April 1, 2019 and close at 11:59 pm on May 1, 2019.
• Step 2: Two to six semifinalists will be compensated $200 each to submit and present their mural concept(s) to the selection committee. The presentations will take place during the last week of May.
• Step 3: The committee will select the winning concept on or before June 6, 2019. The mural will be completed by July 31, 2019.
The Selection Committee will consider the following:
· Artistic excellence
· Technical competence
· Conceptual compatibility
· Appropriate relationship to the function of the site
· Resistance to general wear and sustainability in intense sun, snow, wind and extreme temperatures
· Ease and low cost maintenance
· Previous experience
· Artist’s Vision Statement for the commission
Size
The artists will be asked to paint a mural on a painted concrete underpass. Each side of the 112th Ave underpass are approximately 399 sq. ft. Each side of the 128th Ave Underpass are approximately 130 sq. ft. Please see images for details.
Enter online:
All submissions must be made online through Callforentry.org. You may submit up to 5 images and up to 1 video. Submissions by email, CD, or other means will not be accepted.
Images:
Minimum: 5, Maximum: 5 Video
Minimum: 0, Maximum: 1
Deadline:
All submissions must be received by 11:59 pm MST on May 1, 2017.
Notification:
Notification of acceptance to semifinals will be made by phone or email on or before June 20, 2017. Others will be notified by email by the same date. No calls or emails about notification please.
Westminster Open Space: Underpass Murals Open for RFQ submissions April 1, 2019.
IMPORTANT DATES
May 1, 2019 Deadline for RFQ Submissions
May 9, 2019 Notification to semi-finalists for proposals
May 27-30, 2019 Finalist presentations
June 6, 2019 Selection of winning concepts and notification
The selected artist(s) shall enter into agreement with the City of Westminster using the following contract document:
AGREEMENT TO FURNISH ARTIST SERVICES
TO THE CITY OF WESTMINSTER FOR [Describe Project]
____________________________________________________
THIS AGREEMENT, made and entered into this ___ day of ________, 20__, between the CITY OF WESTMINSTER, hereinafter called the “City,” and ___________________________________, a(n) corporation/partnership/ joint venture/individual [choose one] organized pursuant to the laws of/residing in [choose one] the State of _______________________________ hereinafter called the “Artist,” is as follows:
WHEREAS, the City wishes to [Describe project for which Artist's services are required] _______________________________________________________________________________; and
WHEREAS, the City desires to engage the Artist to render the artist services described in this Agreement and the Artist is qualified and willing to perform such services; and
WHEREAS, sufficient authority exists in City Charter and state statute, sufficient funds have been budgeted for these purposes and are available, and other necessary approvals have been obtained.
[If this contract is subject to City Council approval, delete or modify this paragraph to include “This Agreement is expressly contingent upon the approval of the City of Westminster's City Council of all the terms set forth herein. In the event this Agreement is not approved in its entirety by City Council, neither Party shall be bound to the terms of this Agreement.”]
NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the City and the Artist agree as follows:
I. THE PROJECT
The project consists of ____________________[Describe]___________________________
_________________________________________________________________________________. Hereinafter, the artwork contemplated by this Agreement shall be referred to as the “Project.”
The Artist acknowledges that City may display the Project at its discretion, where appropriate, in whole or in parts. The Artist further acknowledges that the City may, within its discretion, not display the Project and, if so, the City will store the Project in an appropriate manner.
II. ARTIST'S SERVICES AND RESPONSIBILITIES
A. Services. The Artist agrees that it will furnish all of the technical, administrative, professional, and other labor; all supplies and materials, equipment, printing, vehicles, local travel, office space and facilities, testing and analyses, calculations, and any other facilities or resources necessary for the design, execution, fabrication, transportation, and installation of the Project as described in the proposal, attached hereto as Appendix A and incorporated herein by this reference. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Project, subject to review and approval by the City as set forth in this Agreement.
B. Design Development.
1. After execution of this Agreement, the Artist shall prepare and submit a design for the Project to be approved by the City in its sole discretion. The design shall include the Artist's conception of the theme and design of the Project. The design shall specify such materials, dimensions, weight, finish, and preliminary maintenance recommendations, and proposed installation methods, and include such drawings and other documents and models as are required to present a meaningful representation of the concept and design of the proposed Project. Hereinafter, Artist’s submitted design shall be referred to as the “Design.”
2. If the City disapproves the Design, it shall provide the Artist with a statement in writing of its reasons for such disapproval. In such event, the Artist shall be afforded an opportunity either to submit a second design for the Project within a reasonable period of time specified by the City or to terminate this Agreement.
3. Within thirty (30) days after the City provides written approval of the Design, the Artist shall prepare and submit to the City detailed working drawings of the Project and of the location for installation (the “Site”), together with such other graphic material as may reasonably be requested by the City in order to demonstrate and to certify to the City the compliance of the Project with applicable statutes and ordinances.
4. The City may require the Artist to make such revisions to the Design as are necessary for the Project to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Project. The City may also request revisions for other practical reasons.
C. Project Implementation
1. After written approval of the Design and revisions made pursuant to Section B above, the Artist shall furnish to the City a proposed schedule for completion of fabrication and installation of the Project, 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 Project in accordance with such schedule. Such schedule may be amended by written agreement between the City and the Artist.
2. The Artist shall complete the fabrication and installation of the Project in substantial conformity with the Design. The City shall have the right to review the Project at reasonable times during the fabrication thereof.
3. The Artist at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Project, he shall remove all his waste materials and rubbish from and about the Site as well as his tools, construction equipment, machinery and surplus materials.
4. The Artist shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Project. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Project and other persons who may be affected thereby, (2) all the Project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto.
5. The Artist shall 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 Project not permitted by or not in substantial conformity with the Design. A significant change is any change in the scope, design, color, size, material, texture or location on the Site of the Project which affects installation, scheduling, site preparation or maintenance for the Project or the concept of the Project as represented in the Design. Any change, as outlined above, requires written approval by the City, before the Artist can proceed.
6. The Artist shall notify the City in writing when fabrication of the Project is complete and ready for delivery and installation at the Site.
D. Post-Installation. 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 Project to the City, or related educational activities. Upon installation of the Project, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Project.
E. Final Acceptance. The Artist shall advise the City in writing when all services required have been completed in substantial conformity with the Design, and certify that all underlying claims, liens, and encumbrances against the Project have been satisfied. The City shall notify the Artist in writing of its final acceptance of the Project.
F. Risk of Loss. The risk of loss or damage to the Project shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Project from loss or damage until final acceptance.
III. ARTIST’S FEE
As compensation for the completion of the Project described in this Agreement, the Artist shall be paid a lump sum fee of _________[amount in words]___________ ($_______), which shall constitute full and complete payment for said Project and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Artist shall be paid according to the following schedule [modify as appropriate]:
A. Twenty-five percent (25%) upon the execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary design and consultation with the City;
B. Fifty percent (50%) when the Project is eighty percent (80%) completed; and
C. Twenty-five percent (25%) within ten (10) days after final acceptance.
V. COMMENCEMENT & COMPLETION OF SERVICES
The Artist understands and agrees that time is an essential requirement of this Agreement. The Project shall be completed as soon as good practice and due diligence will permit. In any event, the Project, including installation, shall be completed on or before ______________, exclusive of time lost or due to delays beyond the control of the Artist.
VI. TERMINATION
This Agreement shall terminate at such time as the Project is completed and the requirements of this Agreement are satisfied, or upon the City’s providing Artist with seven (7) days advance written notice, whichever occurs first. In the event the Agreement is terminated by the City’s issuance of said written notice of intent to terminate, the City shall pay Artist for all work previously authorized and completed prior to the date of termination plus any services the City deems necessary during the notice period. Said compensation shall be paid upon the Artist's delivering or otherwise making available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Artist in performing the services included in this Agreement, whether completed or in progress.
VII. INSURANCE
During the course of this Agreement, the Artist shall maintain Workers’ Compensation Insurance in accordance with the Workers’ Compensation laws of the State of Colorado, Automobile Liability of $500,000 per person/$1,000,000 per occurrence, and Commercial General Liability of $500,000 per person/$1,000,000 per occurrence. The City shall be named as an additional insured under the Artist's Automobile and Commercial General Liability coverages, providing that such insurance is primary with respect to claims made by the City, and these coverages shall be occurrence-based policies, and shall specifically provide that all coverage limits are exclusive of costs of defense, including attorney fees. The Artist shall provide certificates of insurance to the City indicating compliance with this paragraph. It shall be an affirmative duty of the Artist to notify the City in writing within two days of the cancellation of or substantive change to any insurance policy set out herein, and failure to do so shall be a breach of this Agreement.
VIII. EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Agreement, the Artist shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, national origin, or disability. Such actions shall include, but not be limited to the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Artist represents that it will require a similar affirmation of nondiscrimination in any contract it enters into with a subcontractor as part of the execution of this Agreement.
IX. PROHIBITED INTEREST
A. The Artist agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Artist further agrees that in the performance of the Agreement, no person having any such interests shall be employed.
B. No official or employee of the City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
X. REPRODUCTION RIGHTS
A. Copyright. For copyright ownership under the Federal Copyright Act, 17 U.S.C. § 101, et seq. (including, without limitation, the Visual Artists Rights Act, 17 U.S.C. § 106A, and the provisions of 17 U.S.C. § 113), the Artist conveys to City and waives all rights, title and interest to all such materials in written, electronic, pictorial, graphic, sculptural, or other form, prepared under this Agreement. City shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Artist or its consultants and subcontractors, unless otherwise restricted by this Agreement. The City's rights, granted above, in drawing details, designs and specifications that are the Artist’s standard documents for similar projects, and in Artist’s databases, computer software and other intellectual property developed, used or modified in performing services under this Agreement are not exclusive, but joint rights, freely exercisable by either the City or the Artist.
The Artist transfers to the City all rights including, but not limited to, ownership, title, interest, derivative rights, possession and the right to display the Project publicly, which rights shall be automatically transferred to the City at the time of acceptance of the Project by the City and final payment to the Artist. City shall also be entitled upon request to the Artist to copies of all plans prepared by the Artist in connection with the development and fabrication of the Project.
B. Acknowledgment. All reproductions by the City shall contain a credit to the Artist substantially in the following form: Artist, title of Project, and date of completion.
XI. VARA WAIVER
Artist understands and agrees that, as to his rights in the Project, the provisions of this Agreement shall control over the Visual Artists Rights Act, 17 U.S.C. § 106A and 113, et seq. (“VARA”), as amended. Artist further agrees that this Agreement shall constitute a waiver by the Artist of any rights in the Project set out or otherwise granted by VARA, as amended, or otherwise in the nature of “Droit Morale” under which Artist may claim an i
