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HomeMy WebLinkAbout2012-304 Contract - Illahe Studios & Gallery Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Sue Springer ASHLAND CONTACT: Illahe Studios and Gallery 20 East Main Street Ashland, Oregon 97520 ADDRESS: 215 4`h Street, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-488-5072 DATE AGREEMENT PREPARED: 11/6/2012 Email: sspringer2008@gmail.com BEGINNING DATE: 12/19/2012 COMPLETION DATE: 4/30/2013 COMPENSATION: $4,886 Jan 2013, $4,136 Feb 2013, $4,138 Mar 2013 SERVICES TO BE PROVIDED: To transfer approved design onto vertical surface of seat walls on the Ashland Plaza. ADDITIONAL TERMS: See, Scope of Work and Special Provision Addendum, herein attached and incorporated. If during construction, the seat wall square footage increases or decreases from the projected 170 square foot, the final payment will be adjusted to reflect the change. Cost per square foot is $73. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 06/30/2012, Page 1 of 9 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. Not Applicable. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Not applicable. Contract for Personal Services, Revised 06/3012012, Page 2 of 9 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon fled in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A )and herein incorporated b reference. Consultant: Ci Ashland l By li By cl e gnature Art, , Sus 9n Spr ger Dep rtment Head J~61•S.th J~Dn/14P/L-- on,i~ rznN~~~tZ Print Name: Susan Sp nger/A st Print Name IX14 I r;Z_ Date W-9 One copy of a W-9 is to be submitted with the signed contract / ~ Purchase Order No. G APIIIROV D S ORM l~ Si naturg _ SJ I a Date Ol i Contract for Personal Services, Revised 06/30/2012, Page 3 of 9 Ffom:4ESTERN STATES INS.- Medford 541 779 9187 12/06/2012 15:31 #831 P.001/001 ILLATIL-01 KAMMIRATA CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDOYYYY) 12/6/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed-If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: DBA: Western States Insurance Agency of Medford gNONN .541) 779-1321 uc No 1:(541) 779-9187 LP gmi Western States Insurance Agency, Inc. 38 North Central Ave. E-°^^ Suite 100 ADDRESS: Medford, rd, OR 97507 INSURER(S) AFFORDING COVERAGE NAICN r INSURER A: First Nall Ins Co of America INSURED INSURER a: Illahe Tileworks/Studio INSURERC: Susan Springer DBA: 215 4th St INSURER D: Ashland, OR 97520 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE( FINSURANCE I AM SUBS __U' - POLICY NUMBER M6VDD/YY1'Y MMIDD=P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A x COMMERCM&GENERALLIAMUTY 10125459640 613012012 6/30/2013 PREMISES Ea occurrence $ 500,00 CLAIMSMADE OCCUR MED EXPAn are person) $ 10,000 PERSONAL S ADV INJURY $ 500,000 GENERALAGGREGATE $ 1,000,000 OWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG 3 1,000,000 POLICY PRo- LOC S . AUTOMOBILE LIABILITY (Es M 9=Id 6 DS GLE LIMI I ANY AUTO BODILYINJURY(PUpNeOn) $ ALL OWNED SCHEDULED AUTOS AUTOS BOOILY "URY(Per ao:IdenU $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS PER ACCIDENT $ S UMBRELLA LIAR OCCUR _ EACH OCCURRENCE $ EXCESS LIAR CUIMS-MADE AGGREGATE $ DED RETENTIONS - $ WORNERSCOMPENSATION _ WCSTATU- OTH- AND EMPLOYERS' LIABILITY YIN M ANY PROPRIETORIPARTNERIEXECOI'IVE EL EACH ACCIDENT $ OFFICERMIEMSER E%CLUDEDT NIA (Mandatary In NH) EL DISEASE-EA EMPLOYE $ N yea, describe under DESCRIPTION OF OPERATIONS hGb E.L DISEASE - POLICY UMU $ DESCRIPTION OF OPERATIONSI LOCATIONS IVEHICLES(Allach ACORD101,Add anal Remarks SChedul,ifmoreapacaL,.,a Ned) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Ann Seltzer/541.488-5311 ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland, OR 97520 AUTHORUDED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Scope of Work Addendum Public Art Installation Project on the Plaza in the City of Ashland This Scope of Work Addendum to the Personal Services Contract Agreement (the "Agreement"), between Sue Springer hereinafter "Artist," and the City of Ashland, hereinafter "City," relates to the terms and conditions to design and install a mosaic public art piece for the Plaza using the design chosen by the Citizen Selection Panel and approved by the City Council hereinafter "Design". WHEREAS, City owns or controls certain real properties which contain appropriate locations for the installation of public art; and WHEREAS, City, by and through the City of Ashland Public Art Commission commissioned Artist for public art at the above- described location in October 2012; and WHEREAS, following compliance with City ordinances and administrative policy for selection of public art, Artist's Design was selected for display; and NOW THEREFORE, for valuable consideration, the parties agree as follows: 1. Artist will create, transfer and install the artwork at the Plaza in Ashland 2. Additionally, Artist expressly understands and agrees to the following terms and conditions: OWNERSHIP OF WORK/COPYRIGHT/REPRODUCTION/RESALE/DEACCESSION (A) OWNERSHIP. The WORK created under this agreement shall be the property of the CITY. (B) COPYRIGHT. The ARTIST shall retain copyright but shall make no exact duplications to full scale of the work at another location. All copyright and further reproduction rights to the WORK shall remain with the ARTIST. (C) PROTECTION OF COPYRIGHT. The CITY shall take reasonable measures to ensure that ARTIST'S copyright is protected; however, the ARTIST shall be responsible for the prosecution of any legal claims or suits to enforce its copyright. The CITY understands that the copyright to the WORK remains with ARTIST and that copyright is not transferred to the CITY unless otherwise stated in writing by the ARTIST. (D) COPYRIGHT CLAIMS. ARTIST hereby agrees that ARTIST shall give the CITY written notice prior to asserting any claim pertaining to the specific WORK referenced herein which may arise pursuant to 17 U.S.C. § 101 et seq. (the "Copyright Law"), including but not limited to 17 U.S.C. § 106A (e), the Visual Artists' Rights Act. Upon receiving such notice, the CITY shall have at least 90 Contract for Personal Services, Revised 06/30/2012, Page 5 of 9 days from the date of receipt to evaluate and/or cure any such claim that either or both of them have violated the ARTIST copyright. (E) REPRODUCTIONS. The ARTIST shall allow the CITY to make and authorize the making of photographs and other two-dimensional reproductions of the WORK for educational, public relations, arts promotional, marketing, and non- commercial purposes for as long as the CITY owns the WORK. On any such reproductions, the CITY shall take reasonable measures to identify the ARTIST as the creator of the WORK. In the event the CITY wishes to use the WORK for commercial purposes, the CITY shall contact the ARTIST so that a separate agreement may be negotiated. (F) CREDITS. The ARTIST also agrees that photographic reproductions of the WORK made by ARTIST for publicity purposes shall refer to the fact that the WORK is installed in Ashland, OR as part of the City of Chattanooga's Public Art Collection. (G) DEACESSION PROCEDURE. The ARTIST agrees and acknowledges that should the deaccessioning of the WORK become necessary at any point, the CITY shall proceed with deaccessioning pursuant to the guidelines approved by the CITY as outlined in the current Chattanooga Public Art Plan as same may be amended from time to time. (H) RESITING. The CITY intends that the WORK shall remain in its designated site; however, reserves the right to relocate the work. DELIVERY AND INSTALLATION (A) Upon acceptance of WORK in manner described in Exhibit "A", ARTIST shall deliver and install the WORK in good condition as specified in Exhibit "A". (B) The city will be responsible for foundation, lighting, and landscaping as needed. The artist will provide the necessary technical information that will be needed for the foundation of the sculpture. (C) Time of completion of the WORK is the essence of the Contract, and the ARTIST shall install the WORK on or before April 20, 2013. The CITY shall grant a reasonable extension of time to the ARTIST in the event there is delay on the part of the CITY in performing its obligations under this Agreement or if conditions beyond that ARTIST'S control (including, but not limited to, fire, theft, strikes, shortage of materials, and acts of nature) render timely performance impossible. WARRANTY. LOSS OR DAMAGES (A) ARTIST warrants that the WORK is and will be the original product of the ARTIST'S own creative efforts and does not infringe on any third party's Contract for Personal Services, Revised 06/30/2012, Page 6 of 9 copyrights or other intellectual property rights. This shall not, however, preclude ARTIST from subcontracting certain processes. The artist may subcontract portions of the work upon prior written consent from the CITY. (B) ARTIST warrants for a period of one year from the date of acceptance by the CITY of the WORK that the WORK shall be free from defects in material and workmanship. The CITY shall not unreasonably withhold acceptance of the completed WORK or of its installation, and shall accept or reject the WORK no later than three days after the delivery or installation of the WORK as applicable to scope of work. In the event CITY rejects and ARTIST reworks the WORK as permitted on Exhibit A, the warranty set forth in this paragraph 8 (b) will be extended for one year from the later acceptance date. ARTIST shall repair or replace at the CITY'S discretion and at no additional cost to the CITY any portion of the WORK that is found to be defective during the warranty period. The CITY agrees to notify ARTIST of any such defect immediately upon discovery. Confirmation of notice shall be made in writing. (C) ARTIST shall assume all risk of loss or damage to the WORK prior to completion and installation. The CITY shall assume all risk of loss or damage in the WORK after acceptance of the WORK provided such loss or damage is not the fault of ARTIST. (D) In the event of physical loss or damage to the WORK prior to completion and installation, the ARTIST shall rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as possible at no additional cost to the CITY. REPAIR. With respect to any repair or restoration of the WORK not covered by the warranty provided in Paragraph 8, ARTIST shall be consulted if possible if the need for repair or restoration arises. The nature of the repair shall not significantly alter the original appearance of the work. ARTIST shall provide instructions for the repair of the WORK. MAINTENANCE. The CITY shall be responsible for the proper cleaning, maintenance, and protection of the WORK after installation, pursuant to instructions provided by ARTIST and submitted by.ARTIST on the Conservation Record & Maintenance Form attached hereto as Exhibit "B". Contract for Personal Services, Revised 06/3012012, Page 7 of 9 EXHIBIT "A" The ARTIST has been commissioned for a design submitted and selected the Plaza Public Art Project. The design proposal is attached hereto as Exhibit A-1 as part of EXHIBIT "A". It is understood that ARTIST will make every effort to create the WORK in the spirit of the design, but that the necessity for continuous refinement and development may alter the final rendering. CITY has final approval rights. ARTIST SHALL: 1) Provide CITY with detailed project budget, a maintenance plan, and a description of proposed installation plans, the materials, and fabrication methods at the sites as directed by the CITY. 2) Design, fabricate, deliver and install the WORK in good condition in accordance with the ARTIST'S original design proposal, the model and images submitted, the specifications described in Exhibit A-1 attached hereto, and subsequent discussions between the ARTIST, the CITY and representatives of the project site. 3) ARTIST shall leave WORK and site in good condition when installation is complete and will indemnify CITY for any costs or damages it incurs resulting from the installation process. ARTIST shall be financially responsible for any injuries or damages caused by the installation process. 4) Install the WORK in a manner acceptable to the CITY. "Plaza Ceramic Frieze" Concept Statement: 1 envision a colorful ceramic frieze along the base of the new seat walls in the revitalized Downtown Plaza. The artwork would be made of interlocking curvilinear forms with bright mosaic elements breaking up the pattern. The historic Plaza has always functioned as a gathering place, encouraging movement of passers-by, inviting them to stop, meet friends and connect with others. With this installation, the artwork speaks to the flow of the creek, movement of people and passing time. By incorporating themes of movement, flow and color, we are invited in and the view is enlivened both from a distance and as moving through Ashland's "Living Room". The location of the seat walls creates a unique challenge, with the long horizontal spaces which measure approximately 18 inches in height; the ceramic frieze would provide a glimpse of color as entering the space from any direction. Traditionally artwork is viewed at eye-level and the viewer is drawn to the color and composition while standing. In this case, the artwork would be viewed across the Plaza and must be very durable and able to withstand weather and heavy use, while providing color and texture. The new Plaza redesign includes abundant seating possibilities, inviting visitors and locals to* take a moment, take a seat, to relax and watch the life of the community pass by. I imagine the Plaza redesign would create an atmosphere that is inviting and welcomes families and friends to linger, in a rich public space enlivened by the colorful ceramic frieze. Materials and Installation Material: High fired stoneware clay, hand formed and glazed Firing temperature: 2185 F; Cone 6 Surface: colorful high temperature glazes in matte to glossy surfaces Installation: The mosaic pieces would be adhered with Thin Set cement to the prepared cement surface. The ceramic mosaic elements used to create these seat walls would be designed and fabricated at Illahe Studios, and would be made from high fired stoneware clay. This clay has been developed to withstand wide variations in temperature and humidity in exterior locations. It has been specifically tested to withstand the freeze/thaw cycles particular to Ashland. Once installed, the ceramic work is extremely durable and permanent, resistant to graffiti and vandalism, with very low maintenance requirements; the ceramic portions would require no more than an occasional washing. All work is done according to code, and ceramic tile installation follows Tile Council of North America (TCNA) standards. Location: • Plaza, downtown Ashland, Oregon Maintenance: • Artist will provide complete maintenance instructions at completion of the project. Payment and Implementation Timeline: December 2013 Contract Signed January 2013 First Invoice: Artist Design ($750) and Begin Fabrication ($4,136) Total: $4,886 February 2013 Second Invoice: Fabrication Continues ($4,136) March 2013 Final Invoice: Installation ($3,638) Susan E. Springer Illahe Studios and Gallery 215 Fourth St. Ashland, OR 97520 www.illahegailery.com www.suespringerart.com Artist Statement City of Ashland; Downtown Plaza Project I envision a colorful ceramic frieze along the base of the new seat walls in the revitalized Downtown Plaza. The artwork would be made of interlocking curvilinear forms with bright mosaic elements breaking up the pattern. The historic Plaza has always functioned as a gathering place, encouraging movement of passers-by, inviting them to stop, meet friends and connect with others. With this installation, the artwork speaks to the flow of the creek, movement of people and passing time. By incorporating themes of movement, flow and color, we are invited in and the view is enlivened both from a distance and as moving through Ashland's "Living Room". The location of the seat walls creates a unique challenge, with the long horizontal spaces which measure approximately 18 inches in height; the ceramic frieze would provide a glimpse of color as entering the space from any direction. Traditionally artwork is viewed at eye-level and the viewer is drawn to the color and composition while standing. In this case, the artwork would be viewed across the Plaza and must be very durable and able to withstand weather and heavy use, while providing color and texture. The new Plaza redesign includes abundant seating possibilities, inviting visitors and locals to take a moment, take a seat, to relax and watch the life of the community pass by. I imagine the Plaza redesign would create an atmosphere that is inviting and welcomes families and friends to linger, in a rich public space enlivened by the colorful ceramic frieze. Proposal. City of Ashland Plaza seating walls Sue Springer Illahe Studios and Gallery 541 488 5072 215 Fourth St. Ashland, OR 97520 www.illahei!allery.com www.suespringerart.com Material: High fired stoneware clay, hand formed and glazed Firing temperature: 2185 F; Cone 6 Surface: colorful high temperature glazes in matte to glossy surfaces Installation: The mosaic pieces would be adhered with Thin Set cement to the prepared cement surface. The ceramic mosaic elements used to create these seat walls would be designed and fabricated at Illahe Studios, and would be made from high fired stoneware clay. This clay has been developed to withstand wide variations in temperature and humidity in exterior locations. It has been specifically tested to withstand the freeze/thaw cycles particular to Ashland. Once installed, the ceramic work is extremely durable and permanent, resistant to graffiti and vandalism, with very low maintenance requirements; the ceramic portions would require no more than an occasional washing. All work is done according to code, and ceramic tile installation follows Tile Council of North America (TCNA) standards. c Y.y}~s~§s.. D T 'we, nC G`1 ftA J I ow n, do ~ n tie ~ ~ ~ry i C > ~I - j'"'G E A y F ` ~ h`n_ J III iI slip ArK `t LfY L LL h ASHLAND q PLAZA SEATING WALLS Susan E. Springer Illahe Studios and Gallery COLOR SAMPLES 215 Fourth St. Ashland,OR 97520 541488 5072 www.illahegallery.com ~)1/~~ ~4~ ~t qo V o~ W ~V, f(~y ~V✓u ` r' ~v~ i ~1g t ~ a Q i O~7 U~p _ ~p ~ N_.- I I eY 3i A ' ~3' 6 i awac h e c~ { O ~ NORTH 0 w. a. I x.ea Ashland. Downtown Plaza ELEVATION KEY MAP 1"=20' November 14, 2012 mp ~ n ~ 8 8 x$ 8 8 $ 8 8 8$ 8 8 a 8 8 88 6$ 8 6 8 Y (P A W ~,m pm ~t to ~T ltm rrrD111111 m rn : m ~l 5y $y ' qD 4 D Cj j j r r r m m m m < < < In D D D D ~ y ti ~ O O O O Z Z Z Z 9 ' e m >3 e u a a s a s s a . rn mm ~ D y1 u 6 D y $ 8 8 8 s k m N < & m 8 n n 6 8$ 8$ 8 m N y i O y z S en F m G ~ zZ ~ 8 8 8 8 8 8 i o ~a ~j Elm 8 8 8 8 6 8 8 8 8 8$ 6 9 000 O gj,,F ® Y O ey '~®i~i i33 O 9 K O❑ r■ n O Q a p gi aiQ h 1Z33~ZZ~S ui ° j~s o e o i b `C F Y [i F 4 °1 F =3 S tll r aa s The Plaza in Downtown Ashland MIME N 9 mF j Landscape Construction Documents ~~mm m a° m North Main Street IT N 9~ Ashland, Oregon 97520 ~Y• m hir~,~, , Ashland Plaza Project Design/artist fee Includes research, drawings submitted to client for approval $750 Tile: Includes all elements, including custom made tile pieces and mosaic elements, durable ceramic elements, glaze and firing Pricing per square foot $35.00 per sq ft Layout and mosaic setting, in studio on mesh $20.00 per sq ft Installation: includes installation materials, thin set, grout and sealer, all labor and installation tools $18.00 per sq ft Total per square foot $73.00 persq ft Totals 170 square feet at $73.00 per sq ft $12,410.00 plus $750 Design artist fee Page 1 1ECO 'lDER / 1 CITY OF ASHLAND DATE S. 'PO NUMBER 20 E MAIN ST. 12/1412012 11351 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 017493- - - - SHIP TO: City of Ashland'- - - - _vi:~~ ILLAHE STUDIOS AND GALLERY (541) 488-6002 215 4TH STREET 20 E MAIN STREET ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Ann Seltzer Special Inst: Confirming? NO Quanti -Unit Description Unit Price, Ext. Price ` Desiqn, fabricate, install public art 13,160.00 element of the plaza per attached contract Contract for Personal Services Beqinninq date: 12/19/2012 Completion date: 04/30/2013 SUBTOTAL 13 160.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 13,160.00 ASHLAND, OR 97520 Account.fVumber .ProJecf.Number Amount AccountNumber ProjecfNuinber •-AinouriY.'.'' E 710.01.02.00.60410 E 000294.999 13-116- 0.00 Authori d Signature VENDOR COPY FORM #3 CITY of A request for a Purchase Order ASHLAND REQUISITION Date of request: / 'Iu Required date for delivery: Vendor Name r Address, City, State, Zip 1J Mee , IJ4 hra Contact Name & Telephone Number 7J 7,_ Fax Number JJ SOURCING METHOD Exem t from Com etitive Biddin Ememencv ~ R~eaason for exemption In `t •L, ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization L` {RAMC 2.50: ~~10 L(3 0~ Date approved by Council: ❑ Written quote or proposal attached ❑ Written uole or ro osal a0ached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ Slate of Washington Intermediate Procurement ❑ Sale source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Writ4ten proposals attached Dale approved by Council: (Date) ❑ Fo m Personal Services $5K to $75K Valid until: Dale Description of SERVICES Total Cost d~i1 ign , Esc e, E ~ pkI21I L iU~ anaYh` Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ 2 / rr sU _ Project Number Account Number 1a•~~-J7 Q(~-~~~1/~?v z) Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes/No Qy signing this requisition form, I certify that the City's public contracting requirements-have been satisfie . Employee Signature: R Department Head Signature: -L- _ (Equal to or rater than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year. 0/ NO Finance Director -(Equaltoorgreatertl )$5,000) Date Comments: Form #3 - Requisition CITY OF ASHLAND Memo DATE: December 6, 2012 TO: Kariann Olson, Purchasing FROM: Ann Seltzer, Management Analyst Cc: Dave Kanner, City Administrator RE: Reason for exemption from Competitive Bidding At the regular council meeting on October 16, the City Council approved a direct commission to artist Sue Springer to design, fabricate and install the public art element of the Plaza. Page 1 of 1 12 06 12 memo to Kari