HomeMy WebLinkAboutWILFRED E SIEG, III CITY OF JEFFERSONVILLE AND ARTIST AGREEMENT
Agreement between
and JEFFERSONVILLE,
START CREATING IDEAS
This agreement, made this a��' day of 2017 by and between
(City)and IY11/1r oL i , _?z (Artist)
Whereas, the City desires to employ the Artist to render certain artistic services for the WATER TANK MURAL: and
Whereas, the Artist has the expertise and has a thorough knowledge of public art and is qualified to render such services; and
Whereas,the Artist is willing to provide these services upon the terms hereinafter stated; Now, therefore, in consideration of the
promises,the mutual covenants and conditions herein set forth,the parties hereto agree as follows:
Section 1. Basic Services of the Artist
1.1 For the purpose of this document,the WATER TANK MURAL "mural"shall consist of the artful painting
application of the dome and exterior shell of the water tank as well as the maintenance building.The scope and
services to be provided are more fully described in Scope of Services attached hereto and made a part hereof
(pg.b).
Section 2. Additional Services by Artist
2.1 Additional work may be required in carrying out the work. Because it is not possible to determine in advance the
need for such services,they are excluded from the basic services described in the above Basic Services section.
Additional services will by undertaken only upon written authorization by the Public Arts Administrator.
Section 3. Services by City.
3.1 It is agreed that certain services shall be performed or furnished by the City.These services include:
3.2 Providing coordination assistance when needed and cooperating with the Artist in completing the work in a
timely and effective manner;
3.3 Designating a representative who shall have authority to transmit instructions, receive information and
enunciate City policies and decisions,the City's representative shall be the Public Arts Administrator;
3.4 Arranging for and holding promptly any required meetings;
3.5 Making available to the Artist existing available information,which may in anyway be pertinent to the work
herein described;
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3.6 Responding within a reasonable time to the Artist's requests for written decisions or determinations,pertaining
to the work,so as not to delay the services of the Artist;
3.7 Giving prompt written notice to the Artist whenever the City becomes aware of an event,occurrence,condition
and circumstance,which may substantially affect the Artist's performance of services under this agreement;
Section 4.Time Schedule
4.1 Unless otherwise directed,the Artist shall commence the performance of basic services upon execution of this
Agreement only after receiving a written"Notice to Proceed"from the City.A schedule is provided(pg.8).
4.2 The Artist recognizes that the services under this Agreement are to be performed as expeditiously as is practical.
Every reasonable effort will be made to substantially complete the Basic Services based on the schedule included in the attached
Scope of Services(pg.6)
4.3 Performance of any additional services not describe in the attached Scope of Services section will commence
upon separate written authorization by the City and shall be completed in accordance with the schedule set forth in authorization.
Section 5.Amount and Method of Payment
Note:All invoices must prominently show the Project Name:WATER TANK MURAL. Failure to do so may result in delay of the
processing of the Artist's invoices.
5.1 For the services provided under the attached Scope of Services, payment shall be in accordance with this section
and the Payment Schedule below. Invoices shall be billed"not to exceed'based on the break down of payment listed.
5.2 The artist will be paid a total stipend of $40,002.This stipend will be split into three installments based upon
completed milestones.To begin the project,the city agrees to pay the artist the first third of the full honorarium,after receiving
the 31) Model and conducting a site visit,which is$13,334.00.The second installment payment will be paid once the dome is
complete. The final installment will be made after the successful completion of the mural.
5.3 Expenses related to obtaining physical access to the structures for completion of the project shall be reimbursed
to the Artist by the City. These expenses may cover rental of such equipment as scaffolding,scissor lifts,spider lifts, ladders,or
other such devices,and the Artist will be reimbursed for these expenses upon presentation of proof of payment to the provider of
the rental of the equipment,on no more than a monthly basis. The specific equipment, rental cost,and duration of rental will be
approved by the Jeffersonville Public Arts Director in writing prior to rental by the Artist in order for it to qualify for
reimbursement.
Section b. Changes
6.1 The City may,at any time, by written order, make changes in the services or work to be performed within the
general scope of the Agreement.
6.2 If such changes cause an increase or decrease in the Artist cost of or time required for performance of any
services under this Agreement,an equitable adjustment shall be made and this Agreement shall be modified in writing
accordingly.
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Section 7. Disputes
7.1 Except as this Agreement otherwise provides,all claims,counter-claims,disputes,and other matters in question between
the City and the Artist arising out of or in relation to this Agreement of the breach of it will be decided by mediation if the parties hereto
mutually agree,or in a court of competent jurisdiction within the City of Jeffersonville in which the Public Art Commission is located.
7.2 Should suit be led to enforce orfor the breach of terms of this Agreement,the prevailing party shall be entitled to the
award of reasonable attorney's fees.
Section 8.Suspension of Work
8.1 The City may order the Artist to suspend,delay,or interrupt all or any part of the Artist's services for such period of time as
the City may determine.
8.2 If the performance of all or any part of the Artist Services is,for any reasonable period of time,suspended,delayed,or
interrupted by an act of the City,or by his failure to act within the time specified with in this agreement,an appropriate extension of time
may be made if mutually agreed for any such delay in the performance of this agreement necessarily caused by such unreasonable
suspension,delay,or interruption and the agreement modified in writing accordingly.
Section 4.Termination of Agreement
9.1 The city may terminate upon written notice if the artist breaches his obligations under this agreement or for any other
cause. The city shall compensate the artist for performance of services through the period of notice.
Section 10.Insurance
10.1 Artist agrees and shall submit evidence to the City before beginning work on this project that Artist has procured and will
maintain as a minimum the following insurances:(a)commercial general liability insurance with the limits of not less than$1,000,000 each
occurrence,and combined single limit bodily injury and property damage(Artist shall name city as additional insured to his commercial
general liability policy).
Section 11.General Provisions
11.1 Artist agrees that he shall act as an independent contractor,and shall perform the services provided in this agreement in
accordance with the generally accepted standard of care of the artist profession.
11.2 In addition to,and not in limitation of the insurance requirements contained in section 10 of this agreement,to the fullest
extent permitted by law,the artist hereby agrees to indemnify and hold the Jeffersonville public art commission and the city of Jeffersonville,
harmless from and against any and all losses,damages,settlements,costs,charges,or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims, liens,demands,obligations,actions,proceedings,or causes of action of every kind
and character arising from the negligence of the artist,their employees,agents or others for whose acts the artist is responsible under this
agreement,provided however,the artist's duty to indemnify and hold harmless shall not include any claims of liability arising from the
negligence or willful misconduct of the public art commission of Jeffersonville or the City,its agents,officers or employees.
11.3 This agreement shall insure and to the benefit of and be binding upon the legal representative and successors of the
parties, respectively.
11.4 Interpretation and enforcement of this agreement shall be in accordance with the laws of the state of Indiana.
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Artist Name: Wilfred Sieg 111
Project Location:Michigan Avenue IAW Water Tank-Jeffersonville, Indiana
Project Description:Artist Services for the WATER TANK MURAL
Section 12.Artist's Rights and Responsibilities
12.1 Artist shall paint the water tank and maintenance building in accordance to the design that has been previously
submitted and approved(see Exhibit A)on the exterior shell of the Ground Storage Tank as well as the Aluminum Geodesic Dome
Roof and the Maintenance Building on the same grounds.
12.2 The Artist shall be available to consult with representatives from the City and/or Indiana American Water for
coordination meetings.
12.3 The artist shall not assign the creative or artistic portions of the work to another party without the written consent of
the city.
12.4 The artist shall be responsible for providing services described herein including,but not limited to,the quality and
timely completion of the pieces.The artist shall,and in collaboration with the city,design and create the artwork,so
that it can be created without exceeding the cost budget allotted for the project.The artist shall,without additional
compensation,correct or revise any negligent errors,omissions,or other deficiencies in his performance.The city
shall not pay the artist for work incidental to changes required by the artist's negligent errors or omissions.The artist
shall be responsible for additional costs incurred as a result of his own negligence errors or omissions.
12.5 If the involvement of the artist results in a tangible object or objects of art the artist warrants that(a)the design or
work being commissioned is the original production of his own creative efforts;(b)The work is original;(c)the artist
shall not sell or reproduce the work or allow others to do so without the prior consent of the city.
12.6 The artist, in collaboration with the city,(if necessary)shall make presentations to authorized groups and to the city
of Jeffersonville,and citizens and community groups to provide them with information about the proposed artwork,
and to any governing or regulatory body or agency for other approvals as may be required.
12.7 If the involvement of the artist results in a tangible object or objects of art,the artist shall submit conceptual and
final designs of artwork to the city for review prior to the presentation to the city of Jeffersonville and its citizens.The
artist shall proceed with the work only after receipt of written authorization from the city.
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12.8 The artist and the city agree that any proposal to alter, modify,damage or otherwise change the work of the art shall
first be discussed with the artist.
12.9 The artist agrees that the city will be granted royalty-free the authority to incorporate the project artwork and
construction documents for the purposes of constructing and completing the project.
12.10 The artist shall have the right to photograph, or contract to have the project photographed,during and upon
completion of construction and to provide these photographs for publication.
The artist agrees that all written references and reproductions to the project will exhibit the following credit line:
"This project was performed In collaboration with Indiana American liVater,Jeffersonville Public Art Commission,
Redevelopment Commission, the City of Jeffersonville and funding support from the Clark County Tourism Bureau".
12.11 Artist understands and agrees that the creative design and artwork called for in this agreement constitute
matters of taste and judgment in which artist must satisfy the City of Jeffersonville and Indiana American Water.The
city commits to artist that the city's approval of the creative design and artwork will not be unreasonably withheld,
but subject to many constraints and political pressures in matters of taste and judgment.Artist acknowledges and
accepts these conditions.
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Scope of Basic Services to be provided
The services furnished by the artist shall be the artist's tasks for the Water Tank Mural as described below.The artist will be
commissioned by the City of Jeffersonville to complete this project.
Task One:Creation of 3-D Model
The artist will create a 3-D model for the project including but not limited to a full color rendering imagining the two dimensional
design into a three dimensional realm. Color palette,composition and content and physical environment must be taken into
consideration.
Task Two:Site Study
The artist will collaborate with the city and Indiana American Water to review the location for the site-specific work. In the site
study the artist will be responsible for obtaining appropriate measurements-length width and height of the project and its
entirety.
Task Three:Mural Creation
The artist agrees to create a mural on the said water tank, rooftop and maintenance building using Montana Exterior Paints or
approved equal to be completed on or before November 4,2017.
Period of Performance
The period of performance for the artist shall commence after written notice to proceed is issued to the artist and shall continue
through the completion of the above scope of services. It is the intention of the City of Jeffersonville and the Artist to bring the
project to completion no later than November 4th, 2017. See page 8 for specific schedule.
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Independent Contractor Status
Artist shall perform all services as an independent contractor and shall not be considered in any respect an employee of the City.
Artist shall cooperate with the City and other project contractors with regard to painting of the tank and maintenance building.
Artist shall comply with all applicable laws and regulations regarding the work to be performed under this Agreement, including
those related to worker safety,and artist shall comply with all workplace safety rules anytime when artist is onsite.
Warranties
Artist shall be responsible for the integrity of the materials and fabrication of the mural work for a period of one yearfrom the
completion date of painting the mural on the tank and maintenance structures.Artist's liability for the breach of this warranty
shall be limited to the cost of repairs of the mural on the tank and/or maintenance building.
Termination, Suspension
A. For Cause: Either party may terminate this Agreement in the event of another party failure to perform its obligations as
described in this agreement,and such failures has not been corrected to the reasonable satisfaction of the other in a timely
manner after notice of breach has been provided to the other parry.
B. For reasons beyond control of the Parties: Either party may terminate this agreement without recourse for reasons
beyond such party's reasonable control such as but not limited to acts of nature,war or warlike operations; civil commotions; riot
or governmental control.
C. Notice: Notice of termination pursuant to Subsections A and B shall be given by the party terminating this agreement
to the other not less than(7)days prior to the effective date of termination.
D.Suspension:The City may,without cause, require artist in writing to suspend,delay or interrupt their performance of
work under this agreement in part for such a period of time as determined by the City.In the case of suspension,delay or
interruption,an adjustment may be made to the Agreement price due to any actual increases on the Artist's cost of performance
of the Agreement; provided, however,that no adjustment shall be made to the extent that the performance would have been
suspended,delayed or interrupted by another cause for which Artist is responsible.
Indemnification
A.The artist shall defend,protect, indemnify and hold harmless the City, its officers,agents, employees,and assigns
from and against any and all damages,claims,suits,and/or actions arising from any negligent acts or omissions of the Artist
during the performance of the Agreement.The City shall,to the extent permitted by law, indemnify and hold harmless the artist
against any and all third party claims or liabilities arising in the connection with the artwork,the site or the project,except claims
that may occur as a result or arise in connection with the artist's own negligence or failure to comply with the applicable laws,
regulations,ordinances and resolutions.
B. Upon completion of the installation of the artwork,the Artist does hereby agree to be responsible for a period of one
year from the date of installation for the integrity of all materials and fabrication techniques contained in the artwork.
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WATER TANK MURAL - TIMELINE
SCHEDULE:
This schedule is dependent upon the weather and compromise of work efforts between the artist,paint prep contractor, Indiana American
Water and the City of Jeffersonville.In an effort to begin the project,the workload will be broken down into two parts of the tank,the TOP
and the BODY.The TOP represents the entire aluminum geodesic dome roof and the BODY represents the exterior steel shell.There are
also two types of work occurring on the tank: PAINT PREP and ARTWORK. The artist shall be responsible for the artwork during the dates
listed below:
Juue Jul`. august
4 T YV Th F 9
S ' W T W Th F S3 S M T W Th F 53
1
1 2 3 2 3 4 5 6 T 8 t 2 9 4 S
4 5 6 7 6 9 10 5 7 8 ! 18 11
9 10 11 12 13 14 15 13 14 i5 ti 1T 18 19
11 12 13 14 15 16 17 16 17 18 19 20 2`1 22
16 19 20 21 22 23 2420 21 22 23 24 n 25
23 24 25 26 27 2i1 29
27 21 29 30 31
25 26 27 28 29 710 30 31
TOP TOP BODY
PAINT PREP-5"to 23rd ARTWORK- PAINT PREP-21St to 3155
ARTWORK 15tto 14tH
DRAIN TANK ONTHE 21st through
26th to 30tH November4th
September October N member
S N T W Th F °„3 S W T W Th F Sa
1 2 3 4 5 6 7 1 2 3 4
1 2
1 9 10 11 12 13 14 5 6 t i 9 10 t1
3 4 5 6 7 8 9
15 i6 17 10 t9 20 21 t2 13 t4 15 16 17 18
10 11 12 13 14 15 16
17 18 t9 20 21 22 23 22 23 24 25 26 27 28 0 20 21 22 23 24 25
24 25 26 27 28 29 30 29 30 31 +26 27 28 29 30
BODY BODY BODY
PAINT PREP-155 to 15th ARTWORK- 2"d to 3151 ARTWORK- 1St to 4th
ARTWORK- 18"to 30th
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Entire Agreement
This agreement shall become effective immediately upon its signing.This agreement constitutes the entire agreement between
the parties and may not be verbally amended.All amendments of modifications to this contract must be in writing and signed by
both parties.
BY: AL�
(Contra or nature) (Title)
BY: O��h""'� 1 2�
(City Signature) (Title)
Date:
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JEFFERSONVILLE
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EXHIBITA- Colored Rendering
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Colored Rendering for the BODY of the tank
Colored Rendering options for
the TOP of the tank
Community gathering will
result in chosen design
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