The City of Westminster is committed to growing the appreciation for art in all forms within the community. The Start By Believing Mural Project will provide public art with a positive message, in a venue that showcases the City’s open space program while encouraging a healthy and active lifestyle. This project will target the underpass at Westminster Boulevard, along Farmer’s High Line Canal Trail. This will be the first project along Farmer’s High Line Canal trail. Westminster has been installing murals along Big Dry Creek Trail for 3 years. 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 Farmer’s High Line Canal Trail is a regional trail winding 10 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 one artist to complete a mural on the east side of the underpass along Farmer’s High Line Canal Trail that goes under Westminster Boulevard just north of the Westminster Sports Center (approximately 550 sq. ft.). This mural will have a theme associated with hope and believing. Artists hired for the underpass will be paid $3,950 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 in Colorado’s Front Range. 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 one artist 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 June 20, 2019 and close at 11:59 pm on July 21, 2019.
• Step 2: Three to five 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 first week of August.
• Step 3: The committee will select the winning concept on or before August 15, 2019. The mural will be completed by October 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. The underpass is approximately 550 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 July 21, 2019.
Notification:
Notification of acceptance to semifinals will be made by phone or email on or before July 31, 2019. Others will be notified by email by the same date. No calls or emails about notification please.
Westminster Open Space: 36 Underpass Murals Open for RFQ submissions June 20, 2019.
IMPORTANT DATES July 21, 2019 Deadline for RFQ Submissions July 31, 2019 Notification to semi-finalists for proposals August 5-8, 2019 Finalist presentations August 15, 2019 Selection of winning concepts and notification October 31, 2019 Completion of murals
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 interest in the Project. All other rights in and to the Project, including but not limited to rights in the nature of “Droit Morale” in regard to any continuing interest the Artist may have in the maintenance or modification of the Project are expressly waived by the Artist and, insofar as such rights are transferrable, are assigned to the City. In view of the intention that the Project be unique, the Artist shall not make any additional exact duplicate, two or three dimensional reproductions of the Project, including but not limited to posters or prints, nor shall the Artist grant permission to do so except with prior written approval by the City.
XII. GENERAL PROVISIONS
A. Independent Consultant. In the performance of this Agreement, the Artist shall act as an independent contractor and not as agent of the City except to the extent the Artist is specifically authorized to act as agent of the City.
B. Books and Records. The Artist's books and records with respect to the Project and reimbursable costs shall be kept in accordance with recognized accounting principles and practices, consistently applied, and will be made available for the City's inspection at all reasonable times at the places where the same may be kept. The Artist shall not be required to retain such books and records for more than three (3) years after termination of this Agreement.
C. Ownership of Drawings. All plans, drawings, specifications and the like relating to the Project shall be the joint property of the City and Artist. Upon completion of the Project, or at such other time as the City may require, the Artist shall deliver to the City a complete corrected set of drawings and such additional copies thereof as the City may request, corrected as of the date of completion of the Project.
D. Responsibility; Liability.
1. Professional Liability. The Artist shall exercise in its performance of this Agreement the standard of care normally exercised by nationally recognized organizations engaged in performing comparable services. The Artist shall be liable to the City for any loss, damages or costs incurred by the City for the repair, replacement or correction of any part of the Project which is deficient or defective as a result of any failure of the Artist to comply with this standard.
2. Indemnification. To the fullest extent permitted by law, the Artist shall indemnify, defend, and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of this Agreement, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting therefrom, but only to the extent caused by the negligent act or omission of, or breach of contract by, the Artist, any subcontractor of the Artist, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph D.2. The City may, if it so desires, withhold the payments due the Artist so long as shall be reasonably necessary to indemnify the City on account of such injuries.
In any and all claims against the City or any of its agents or employees by any employee of the Artist, any subcontractor of the Artist, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph D.2 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Artist or any subcontractor under the workers' compensation acts, disability benefit acts or other employee benefit acts.
E. Communications. All communications relating to the day-to-day activities for the Project shall be exchanged between the respective Project representatives of the City and the Artist who will be designated by the parties promptly upon execution of this Agreement.
All other notices and communications in writing required or permitted hereunder shall be delivered personally to the respective representatives of the City and the Artist or shall be mailed by registered mail, postage prepaid, return receipt requested to the parties at their addresses shown herein. Notices hereunder shall be effective three (3) days after mailing.
F. Assignment. The Artist shall not assign this Agreement in whole or in part, including the Artist's right to receive compensation hereunder, without the prior written consent of the City; provided, however, that such consent shall not be unreasonably withheld with respect to assignments to the Artist's affiliated or subsidiary companies, and provided, further, that any such assignment shall not relieve the Artist of any of its obligations under this Agreement. This restriction on assignment includes, without limitation, assignment of the Artist's right to payment to its surety or lender.
G. Applicable Laws and Venue. This Agreement shall be governed by the laws of the State of Colorado and the Charter of the City of Westminster. This Agreement shall be deemed entered into in both Adams County and Jefferson County, State of Colorado, as the City is located in both counties. At the City's option, the location for settlement of any and all claims, controversies and disputes arising out of or related to this Agreement or any breach thereof, whether by alternative dispute resolution or litigation, shall be proper only in either county.
H. Remedies. Artist agrees that the economic loss rule as set forth in Town of Alma v. Azco Construction, Inc., 10 P.3d 1256 (Colo. 2000) shall not serve as a limitation on the City’s right to pursue tort remedies in addition to other remedies it may have against Artist. Such rights and remedies shall survive the Project or any termination of this Agreement.
I. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the Project.
J. Subcontracting. Artist may employ subcontractors to perform under this Agreement only with City's express prior written approval. Artist is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors.
K. Enforcement of Agreement. In the event it becomes necessary for either party to bring an action against the other to enforce any provision of this Agreement, in addition to any other relief that may be granted, the prevailing party in such action shall be entitled to an award of its reasonable attorney fees as determined by the Court.
L. Authorization. The person or persons signing and executing this Agreement on behalf of each party, do hereby warrant and guarantee that he/she or they have been fully authorized to execute this Agreement and to validly and legally bind such party to all the terms, performances and provisions herein set forth.
M. Warranties.
1. Warranty of Title. The Artist represents and warrants that: (a) the Project is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Project is unique and original and does not infringe upon any copyright; (c) that the Project, or a substantial duplicate thereof, has not been accepted for sale elsewhere; and (d) the Project is free and clear of any liens from any source whatever.
2. Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Project will be performed in a workmanlike manner; (b) the Project, as fabricated and installed, will be free of defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Project; and (c) reasonable maintenance of the Project will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder.
Within two (2) years after the date of final acceptance of the Project, the Artist shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judgment of the City shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Artist or his agent, the Artist shall neglect to make, or undertake with due diligence to make the aforesaid repairs, the City is hereby authorized to make such repairs at the Artist’s expense. This obligation shall survive termination of this Agreement. Inspections for defects as described above shall be made by the City or a neutral third party chosen by the mutual consent of the City and the Artist.
INSURANCE CERTIFICATES REQUIRED BY THIS AGREEMENT SHALL BE SENT TO_____________________ DEPARTMENT, ATTENTION:______________________.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the date first appearing above.
(NAME OF ARTIST) CITY OF WESTMINSTER
By:______________________________ By: _________________________
Printed Name:___________________ Printed Name:___________________
Title: _____________________________ Title: _____________________________
Address: Address:
_________________________________ 4800 West 92nd Avenue
_________________________________ Westminster, Colorado 80031
ATTEST: ATTEST:
________________________________ ______________________________
City Clerk
Title: ___________________________
APPROVED AS TO LEGAL FORM
By:____________________________
City Attorney
Rev. 08/13
