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HomeMy WebLinkAbout08/05/2008 11 Lincoln Avenue Underpass Artistic Concept Development Agreement with HADDAD/DRUGAN, LLC BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A 11 For Meeting of August 5, 2008 ITEM TITLE: A Resolution authorizing the City Manager to execute a Personal Services Agreement with HADDAD /DRUGAN, LLC, a Washington Corporation, in an amount not to exceed $83,000 to develop the Artistic Concept and design the aesthetics for the Lincoln Avenue Underpass portion of the Grade Separations Project. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON /TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576- 6797 SUMMARY EXPLANATION: From the early stages of project design, it was intended to include aesthetics with the underpass projects. To determine the aesthetics that would be used on the underpasses, the City worked with the Allied Arts Commission (Commission). The Commission contacted seven artists and requested designs from each of them. Three presentations • were made to the Commission and the concept presented by HADDAD/DRUGAN, LLC, was chosen by the Commission to be used. This concept was presented to WSDOT and the Federal Highway Administration (FHWA) with a request to be able to use federal funds to construct these aesthetics. The City received permission to do so in May. As the Lincoln Avenue Underpass is fully funded and MLK, Jr. Boulevard is pending full (Continued on page 2) Resolution XX Ordinance Contract XX Other (Specify) Funding Source: Arterial Streets Capital Improvement Fund 142 APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Adopt the resolution BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: • - ID Page 2 If • funding, only Lincoln Avenue has received allowance to proceed with the aesthetics design. Once full funding . for the MLK, Jr. Underpass is attained, the same or similar aesthetics will be designed for this underpass also. the final personal services agreement will be similar to the agreement attached to this agendalj statement. Any difference between the attached agreement and the final agreement will be reviewed by City Legal. • • • • • • 4111) • t , l • RESOLUTION NO. R - 2008 - A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a personal services agreement in an amount not to exceed $83,000 to develop the artistic concept and design the aesthetics for the Lincoln Avenue Underpass portion of the Grade Separations project. WHEREAS, the City of Yakima desires to engage the Artist to develop the aesthetics design concept and design the aesthetics for the Lincoln Avenue Underpass portion of the Grade Separations Project; and, WHEREAS, the Artist has the experience and expertise necessary to provide said independent aesthetics design services and is willing to provide such services in accordance with the terms and conditions of this Agreement; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a personal services agreement with a consultant selected for such expertise; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 111 YAIUMA: The City Manager is hereby authorized and directed to execute a personal services agreement in amount not to exceed $83,000 for artists to develop the artistic concept and design the aesthetic improvements for the Lincoln Avenue Underpass portion of the Grade Separations project. ADOPTED BY THE CITY COUNCIL this 5th day of August, 2008 David Edler, Mayor ATTEST: City Clerk 411 PERSONAL SERVICES AGREEMENT THIS PERSONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "), and HADDAD/DRUGAN, LLC a Washington Corporation licensed to do business in Washington (hereinafter the "Artist "). WHEREAS, the City of Yakima desires to engage the Artist to develop the aesthetics design concept and design the aesthetics for the Lincoln Avenue Underpass portion of the Grade Separations Project, and WHEREAS, the Artist has the experience and expertise necessary to provide said independent aesthetics design services and is willing to provide such services in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Artist as follows: 1. Scope of Services. The Artists shall develop an artistic concept design and design the aesthetics for the Lincoln Avenue Underpass of the Grade Separations Projects. The scope of services is described in more detail in attached and incorporated Exhibit "A." • 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at midnight of December 31, 2009, unless terminated sooner by either party in accordance with Section 18. The Artist shall proceed in a timely and diligent manner to provide all services required hereunder. 3. Consideration. The City shall pay the Artist for services rendered hereunder in accordance with the payment schedule set forth in attached and incorporated Exhibit `B." Unless this Agreement is otherwise modified by the parties, the total compensation paid to the Artist for all services provided under this Agreement shall not exceed $83,000. The Artist shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Artist within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Artist providing services that are satisfactory to the City. The Artist shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Artist shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. 4. Information Provided by the City. The Artist shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Artist. ® 5. Status of Artist. The Artist and the City understand and expressly agree that the Artist is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Artist shall act on behalf of or represent him or herself as an agent or representative of the City. The Artist, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Artist expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Artist and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Artist and the City. 6. Inspection and Audit. The Artist shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Artist shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Artist shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Taxes and Assessments. The Artist shall be solely responsible for compensating its employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Artist shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, the Artist shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 9. The Americans with Disabilities Act. The Artist shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 10. Compliance with Law. The Artist agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 0 11. No Conflict of Interest. Artist covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Artist further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for the Artist and its officers, directors, employees and agents. 13. Indemnification. a. The Artist agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, officers, employees, and agents (hereinafter "parties protected ") from any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (b) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to Contractor's performance or non - performance or this Agreement. b. The City agrees to hold harmless and indemnify the Artist, its officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the ID negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non - performance of this Agreement. c. In the event that both the Artist and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Artist's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. , e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 14. Insurance Provided by Artist. • a. Professional Liability Insurance. The parties hereby acknowledge that the Artist does not carry professional liability and/or errors and omissions policies of insurance. On or before the date this Agreement is fully executed by the parties, the Artist shall provide the City with a certificate of insurance for the Artist's Structural Engineering Subconsultant proof of said subconsultant's professional liability /errors & omissions insurance coverage with a • as minimum liability limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A- VII or higher in Best's Guide. If the policy is on a: claims made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Artist shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability or any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Artist shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability or any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Artist shall ensure that the structural engineering subcontractor it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Personal Services. The services provided for herein shall be performed by the Artist and no person other than regular associates or employees of the Artist shall be engaged upon such work or services except upon written approval of the City. 16. Artist Ownership and Copyrights The Artist's ownership and copyrights as described in Exhibit C shall be adhered to. 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Artist to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is ID granted, then the assignee shall assume all duties, obligations, and liabilities of the Artist stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right: 19. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. 20. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not .be affected, and the parties rights and obligations shall be construed and enforce as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and 0 void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Brett H. Sheffield, P.E. Chief Engineer 129 North Second Street Yakima, WA 98901 TO ARTIST: Tom Drugan HADDAD DRUGAN, LLC 1941 1 Avenue S. Studio 3i Seattle, WA 98134 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Third Parties. The City and the Artist are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or ® shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 23. Drafting of Agreement. Both the City and the Artist have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 24. Integration. This written document constitutes the entire Agreement between the City and the Artist relative to the subject matter hereof and supersedes any and all prior negotiations, discussion, understandings and agreements between the parties as to the subject matter hereof, which are herby declared terminated and of no further force and effect. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 27. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding upon the parties to this agreement. 28.. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA HADDAD DRUGAN, LLC a Washington Corporation By: By: R. A. Zais, Jr., City Manager Tom Drugan, Artist Date: Date: ATTEST: City Clerk City Contract No. City Resolution No. EXHIBIT A • Scope of Services Yakima Illuminations — Lincoln Avenue Corridor Art Project Task 1.0 — Art Concept Design Task 1.1 Meet with Berger /ABAM to discuss art opportunities and coordination (includes 1 meeting @1.5hrs) 1.2 Develop concepts for underpass areas exploring opportunities associated with the tunnel • light fixtures and /or wall treatments 1.3 Develop conceptual design of art portals, including layout, dimensions, materials, and attachments of "stacked bins" • 1.4 Develop concept design for portal side extensions (possibly incorporating railings), including layout, dimensions, materials, and attachments of "stacked bins" 1.5 Prepare for and review underpass, portal, and side extension art elements with representatives of the City of Yakima 1.6 Research and evaluate primary artwork materials (glass, aluminum, steel) and their technical specifications, probable costs, and maintenance requirements 1.7 Coordinate and meet with structural engineer to discuss portal and side extension concept designs (includes 1 meeting @ 1.5 hrs) 1.8 Coordinate and meet with lighting designer to discuss portal and tunnel light fixture concept designs (includes 1 meeting @ 1.5 hrs) 1.9 Revise artwork locations, dimensions, and attachments based on engineer input 1.10 Coordinate and meet with special fabricators to discuss artwork fabrication, materials, and 411/ costs (includes 1 meeting @ 1.5 hrs) 1.11 Revise estimate of probable costs for art 1.12 Project Management Task 1.0 Deliverables • Plan and elevations of art portal and side extensions, with dimensions (scan to .pdf) • Plan with artwork locations (scan to .pdf) • Concept sketches and /or photo simulations of art enhancements, with dimensions (scan to .pdf) • Summary of material research (MS Word .doc) • Estimate of probable costs (Excel spreadsheet) Task 2.0 Art Design Development Task 2.1 Prepare for and present art concepts for portal and underpass to City representatives in Yakima (includes one meeting @ 2 hrs) 2.2 Revise artwork design (including layout, dimensions, materials, and attachments) to reflect input from City representatives 2.3 Develop art construction details to further determine constructability and probable costs 2.4 Meet and coordinate with Berger /ABAM on integrated art elements, including structural attachments, lighting controls, and electronic eye at BNSF (includes one meeting @ 1.5 hrs) 2.5 Meet and coordinate with structural engineer (KPFF) on design of portal (includes one meeting .@ 1.5 hrs) 2.6 Meet and coordinate with light designer to select and design lighting & controls (includes 410 one meeting @ 1.5 hrs) • 2.7 Research and coordinate with art fabricators to evaluate options for materials and fabrication /installation methods based on aesthetics, costs and maintenance requirements (includes two meetings © 1 hr) 2.8 Research and revise estimate of probable costs for art 2.9 Design and build light box mock -up using actual materials, to test various light fixtures and specialty glass options 2.10 Set up and evaluate light box mock -up in simulated site conditions (includes one meeting @ 2hrs) 2.11 Prepare for and present art details and light box mock -up to City representatives, and meet to discuss maintenance operations in Yakima (includes two meetings @ 1.5 hrs) 2.12 Research crate label designs and fruit images in books, on -line, and in Yakima Valley Museum's database (includes one meeting @4 hrs) 2.13 Project Management • Task 2.0 Deliverables • Art plan, sections, elevations, and details (hand- drafted scans .pdf) • Powerpoint Presentation (.ppt) • Summary of art materials, finishes, and maintenance (Word .doc) • Light box mock -up • Estimate of probable costs (Excel spreadsheet) Task 3.0 Art Community Engagement Task 3.1 Prepare for, meet, and coordinate with the City, Allied Arts, and Yakima Valley Museum, and Art Coordinator/ Facilitator to plan an event to engage the community in the art project and foster publicity (includes two meetings @ 2 hrs) 3.2 Prepare graphic materials for label selection event including posters and /or flyers 3.3 Prepare powerpoint presentation of Yakima Illuminations concept and design, and options for crate label graphics 3.4 Prepare for and participate in Community Engagement event in Yakima (includes one meeting @ 2 hrs) 3.5 Summarize Community Engagement event participants' favored graphics Task 3.0 Deliverables • Powerpoint Presentation • Community Engagement summary Task 4.0 Art Final Design Task 4.1 Produce "crate label' graphic files for laser- cutting AL panels 4.2 Produce graphic files of fruit for imaged glass panels 4.3 Provide color swatches and select single -color glass panels 4.4 Produce final plans, details, and specifications /notes of art to be fabricated and installed by specialized art fabricators under future contract with Artists 4.5 Review final construction drawings and specifications by Berger /ABAM that reference integrated art elements 4.6 Meet and coordinate with civil, structural, and electrical engineers on final design details and specifications (includes two meetings © 1.5 hrs) 4.7 Meet and coordinate with lighting designer on final design details and specifications (includes one meeting @ 1.5 hrs) 4.8 Meet and coordinate with special fabricators on final fabrication /installation methods and costs (includes three meetings @ 1 hr) • 4.9 Produce final estimate of probable costs for art elements to be fabricated and installed by specialized art fabricators (under Artist future contract) 4.10 Produce Schedule for artwork fabrication and installation, in conjunction with Lincoln Avenue project schedule 4,11 Project Management Task 4.0 Deliverables • Final Art plan, sections, elevations, details, notes /specifications • Set of graphic files for laser cutting metal panels • Set of graphic files for imaged glass panels • Set of final color swatches for colored glass panels • Final estimate of probable costs • Schedule for artwork fabrication and installation Task 5.0 Structural Engineering Task _ 5.1 Meet and coordinate with artists (HaddadlDrugan) to review and discuss portal and side extension concept design and materials (includes one meeting @ 1.5 hr) 5.2 Evaluate loads imposed by the artwork. Prepare structural concepts and preliminary sizes. 5.3 Propose attachment details to supporting structural elements— concrete strut spanning roadway, concrete beams under side wing walls (provided by Berger /ABAM) 5.4 Meet with Berger /ABAM to discuss design reinforcements to supporting structural elements • to accommodate artwork incorporation (includes one meeting @ 1.5 hr) 5.5 Meet with artists (HaddadlDrugan) and Civil (Berger /ABAM) to review portal and wing wall side extension design and materials (includes two meetings @ 1.5 hrs) 5.6 Create a package describing the Toads imposed on the supporting structures by the artwork for the use of Berger /ABAM in designing those elements. 5.7 Provide permit drawing and support calculations for artwork. This drawing will show the vertical and horizontal supports fro the artwork, the structural connections and the details for attachment to the supporting structure designed by Berger /ABAM. 5.8 Provide 'for construction' structural drawing, including any revisions necessary as part of the permit process. Task 5.0 Deliverables • Letter addressing structural feasibility (Word .doc) • Concept Sketches, including loads imposed on the supporting structures • Description of art loads imposed on the supporting structures • Structural permit drawing and calculation for artwork (CAD file) • 'For Construction' drawings (CAD file) Task 6.0 Lighting Design Task 6.1 Meet with artists to discuss portal and underpass lighting fixture concept designs (includes one meeting @ 1.5 hrs) 6.2 Provide preliminary fixture selections, catalog cuts, and lighting schedule for portal and underpass elements 6.3 Provide lighting calculations /power requirements for fixtures and controls 6.4 Coordinate with and provide preliminary power supply and control requirements to electrical engineer (via Berger /ABAM) 6.5 Coordinate and meet with artists to discuss and review options for portal lighting, controls, and fixtures (includes one meeting @ 1.5 hrs) 6.6 Finalize fixture and control selections and lighting schedule for portal 6.7 Provide lighting layout and control final plan 6.8 Coordinate with and provide final power supply and control requirements to electrical engineer (via Berger /ABAM) 6.9 Provide cost estimate for lighting and controls 6.10 Provide energy use and maintenance information on lighting fixtures and controls 6.11 Project Management Task 6.0 Deliverables • • Lighting layout and control final 'for construction' documents • Stamped supporting calculations • Report describing fixtures, controls, costs, and energy requirements Task 7.0 Art Coordination /Facilitation Task 7.1 Coordinate and Facilitate meetings with artists, City, and art committee during Design Development and Final Design to discuss art design, maintenance, etc. (inclds 3 mtgs @ 1.5 hrs) 7.2 Coordinate and Facilitate Community Engagement crate label graphics selection meeting and preparation meeting (includes two meetings @ 2hrs) 7.3 Project Management Task 7.0 Deliverables • Meeting schedules and agendas Notes This scope of work is for design only and does not include any time or materials for fabrication and installation of final artwork. This scope of work assumes the fabrication and installation of the Art will be conducted by Artist's fabricators and installers. If for any reason the fabrication and installation of the Art is not conducted by the Artist's representatives, this scope will need to be amended. EXHIBIT C ARTIST OWNERSHIP AND COPYRIGHTS C -1 OWNERSHIP OF ART DOCUMENTS. A. All documents produced by Artist shall remain the property of the Artist and are not to be used by either the Berger /ABAM or the City of Yakima without the written consent of the Artist, except as otherwise set forth herein. Notwithstanding the foregoing, the City or Berger /ABAM shall have the right to graphically reproduce and display the documents, including any rendering and /or model, produced by the Artist solely for the purposes of community outreach, education, exhibition or publicity, provided that such reproduction is credited to the Artist. B. The Artist shall retain all proprietary rights for his work, including copyright, patent, trademark, trade - secret and other rights in the project design or the artwork provided that the City is hereby granted an irrevocable license to graphically reproduce (through photography or otherwise) the image of the artwork, including the preliminary studies and to authorize third parties to graphically reproduce as desired by the City for municipal (e.g. education, public information, etc.) purposes only. The Artist shall be acknowledged on each reproduction. The rights granted by this provision shall survive the expiration of this contract. C -2 OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS /COPYRIGHTS. A. Title to the Work shall pass to the City upon written notice to the Artist of Final Acceptance. B. The Artist retains: (1) all rights to the Work under the Copyright Act of 1976, 17 U.S.C. § 101, et seq., as amended by VARA, and any successor act; and (2) all rights expressly granted in this Agreement, as well as any and all other intellectual property rights in the Work, whether statutory or common law, international, federal, state or local, except as specifically set forth herein. C. The Artist hereby grants the City the non - exclusive right to display the Work, and two- dimensional reproductions of the Work, and to lend such reproductions to others with ® authority to display them publicly, providing they agree to give credit to the Artist in reproductions. D. The Artist grants the City the non - exclusive right to display any and all work products • produced under this Agreement, and any reproductions of such work products and to loan such work products to other institutions with authority to display it publicly, including use on the internet and other electronic formats, providing they agree to give credit to the Artist in reproductions. E. The Artist authorizes the City to make, and to authorize the making of, photographs and other two- dimensional reproductions of any work products that result from the provision of the services provided for hereunder for educational, public relations, arts promotional and other non - commercial purposes. Whenever possible, on any and all such reproductions, the City shall place a copyright notice in the form and manner required to protect the copyright in the results of the services, as applicable, under the United States copyright law. F. The City agrees that unless the Artist requests to the contrary in writing, all references to the Work and all reproductions of the Work shall credit the Work to the Artist. G. The Artist agrees that wherever practicable, all formal references to the Work and non - commercial reproductions of the Work under the Artist's control shall include the following credit line: "Commissioned through the City of Yakima." H. Ownership of the final artwork created under this contract shall transfer to the City upon completion of the final acceptance and payment to the Artist. I. The City reserves the right to relocate the artwork for reasons of endangerment to public health, safety, and welfare. The City agrees that it will contact the Artist and advise him /her of such changes. The City will not alter, relocate, modify or change the artwork without written authorization from the Artist regarding the proposed alteration, modification or change. Such authorization shall not be unreasonably withheld. The City will reach agreement with the Artist on all alterations other than ordinary maintenance that are made during the lifetime of the Artwork. To the extent practical, the Artist shall be given the opportunity to accomplish and /or advise on such alterations at a reasonable fee. C - 3. TERMINATION A. The City reserves the right to terminate or suspend this Agreement at any time, with or without cause by giving fourteen (14) days notice to ARTIST in writing. Immediately upon any termination of this agreement, all rights to the Artist's Work shall revert to the ARTIST and the CITY shall not have the right to use the Artist's concepts or construct the Artist's work. • 0 • • • • 0 • • EXHIBIT B Yakima Illuminations- Lincoln Avenue Corridor Art Project Haddad;Drugan, LLC, Artists 07/02/08 Art Design Services Fee Schedule TASK• Task 1.0 Art Concept Design 1.1 1.2 1.3 I 1.4 1.5 1.6 ! 1.7 ; 1.8 1.9 i 1.10 j 1.11 ;1.12' ' ,Total Hrs 'Rate TOTAL HADDAD /DRUGAN, LLC Working Hours . Tom Drugan, Artist 1.5 0.0 1 12.0 i 6.0 2.0 : 2.0 , 6.0 1.5 ' 4.0 •6.0 2.0 ; 4.0 i 47.0 $100 $4,700.00 Laura Haddad, Artist • 1.5, 12.0 ; 2.0 , 0.0 6.0 . 6.0 1.5 1.5 0.0 1.5 ' 2.0 4.0 38.0 $100, $3,800.00 . , , $8,500.00 TASK , Task 2.0 Art Design Development 2.1 2.2 , 2.3 ' 2.4 2.5 ; 2.6 2.7 2.8 ' 2.9 1 2.10 2.1112.1Z 2.13 ' HADDAD /DRUGAN, LLC Working Hours i Tom Drugan, Artist 4.0 ' 12.0. 32.0 4.0 8.0 : 8.0 j 10.0 , 8.0 1 24.0 ' 4.0 i 4.0 j 8.0 6.0 132.0' $100 $13,200.00 Laura Haddad, Artist 8.0 8.0 16.0 ' 4.0 8.0 8.0 10.0 4.0 8.0 , 4.0 4.0 ! 16.0 6.0 . 104.0 $100 $10,400.00 $23,600.00 TASK Task 3.0 Art Community Engagement 3.1 3.2 , 3.3 ; 3.4 . 3.5 HADDAD /DRUGAN, LLC Working Hours Tom Drugan, Artist 4.0 ' 2.0 ' 4.0 1 4.0 ; 2.0 , . 16.0 $100 $1,600.00 Laura Haddad, Artist , 4.0 6.0 8.0 ; 4.0 4.0 : ' , ' 26.0, $100 $2,600.00 $4,200.00 TASK ' Task 4.0 Art Final Design 4.1 , 4.2 • 4.3 ' 4.4 4.5 4.6 : 4.7 r 4.8 4.9 4.10; 4.11 HADDAD /DRUGAN, LLC Working Hours Tom Drugan, Artist 16.0 ' 8.0 4.0 • 32.0 ' 6.0 8.0. 6.0 I 8.0 ' 8.0 ! 4.0 6.0 106.0 $100 $10,600.00 Laura Haddad, Artist 60.0 30.0 ? 4.0 8.0 2.0 8.0 : 4.0 4.0 ' 4.0 ; 4.0 6.0 ' 134.0 $100 $13,400.00 $24,000.00 • TASK • Task 5.0 Structural Engineering 5.1 5.2 : 5.3 5.4 ! 5.5 5.6 1 5.7:.5.8 • KPFF (Structural Engineers) Working Hours John Hochwalt, Project Manager 2.5 8.0 4.0 1.5 3.0 , 4.0 • 6.0 3.0 32.0 $130 $4,160.00 Adam Carlton, Design Engineer 4.0 4.0 ; 14.0 6.0 ' 28.0 $80 $2,240.00 • CAD Technician 16.0: 4.0 ! ' 20.0 $70 $1,400.00 • . $7,800.00 • EXHIBIT B (cont.) TASK • ' Task 6.0 Lighting Design 6.1 6.2 ' 6.3 6.4 1 6.5 1 6.6 6.7 6.8 6.9 : 6.10 6.11, • GLUMAC (Lighting Designers) Working Hours Carlos Inclan, Senior Lighting Designer 1.5 4.0 2.0 2.0 1.5 4.0 2.0 1.0 4.0 4.0 ; 4.0 30.0 $120 $3,600.00 Design Engineer/ Energy Analyst : 3.0 6.0 4.0 1 2.0 15.0 $125 $1,875.00 CAD Technician 12.0 ' 12.0 $80 $960.00 $6,435.00 • TASK ' Task 7.0 Art Coordination/ Facilitation 7.1 7.2 . 7.3 ' Art Coordination and Facilitation working Hours Elizabeth Herres Miller 28.0 16.0 ' 4.0 50.0 $100 $5,000.00 Shelwyn Badger 12.0 12.0 $20 $240.00 $5,240.00 Fees Subtotal: $79,775.00 • Estimated Reimbursable Expenses TASK 1.0 2.0 3.0 4.0 5.0 6.0 7.0 CAD Prints /Copies so.00 $o.00 $o.00 $o.00 so.00 $o.00 $o.00 Postage /Shipping $o.00 : $0.00 . $0.00 1 $0.00 $0.00 ' $0.00 $0.00 Mockup Materials (6" AL frame, glass, light $0.00 $500.00 ; $0.00 i $0.00 . $0.00 $0.00 Moo Presentation Materials (pres boards, flyers; $0.00 1 $600.00. $250.00 , $0.00 1 $0.00 $0.00 $0.00 • Mileage (Seattle/Yakima rt 290mi @ $.585 $o.00 ' $339.30 $339.30 I $0.00 i $0.00 $0.00 $0.00 Mileage (Seattle Mtg rt 5mi @ $.585) $8.78 • $8.78 • $0.00 $11.70 ' $0.00 $0.00 $0.00 Travel Accomodations ($76 /night) $0.00 , $152.00 1 $76.00 . $0.00 $0.00 $0.00 ' $0.00 Travel Meals ($10B, $12L, $17D) $0.00 $180.00 • $102.00 $0.00 ; $0.00 : $0.00 $0.00 Parking ($5 /meeting) $15.00 1 $10.00 $0.00 $15.00 $0.00 $0.00 $0.00 Task Expanse Subtotal:. $23.78 $1,790.08 • $767.30 $26.70 i $0.00 $0.00 $0.00 $2,607.85 Task Fees Subtotal: $8,500.00 $23,600.00 • $4,200.00 ' $24,000.00 1 $7,800.00 $6,435.00 ' $5,240.00 $79,775.00 Task Total: $8,523.78 ' $25,390.08 $4,967.30 ; $24,026.70 ' $7,800.00 ' $6,435.00 $5,240.00 $82,382.85 0 ID