call for artists - skatepark public art project€¦ · call for artists - skatepark public art...

CALL FOR ARTISTS

SKATEPARK PUBLIC ART PROJECT

FOR

CITY OF FORT SASKATCHEWAN CULTURE SERVICES 10005 – 102 STREET

FORT SASKATCHEWAN, ALBERTA CANADA T8L 2C5

Call for Artist and Submission Forms available from: City of Fort Saskatchewan

Culture Services 10005 – 102 Street

Fort Saskatchewan, Alberta Canada T8L 2C5

CLOSING DATE:

[1400 hrs (MST), May 9, 2019]

Submission must be delivered to: City of Fort Saskatchewan

Culture Services c/o Diane Yanch, Culture Services Director

10005 – 102 Street Fort Saskatchewan, Alberta

Canada T8L 2C5

City of Fort Saskatchewan - Culture Services 10005 – 102 Street

Fort Saskatchewan, Alberta T8L 2C5 Phone: 780.992.6261

CALL FOR ARTISTS - SKATEPARK PUBLIC ART PROJECT

1. INTRODUCTION

The City of Fort Saskatchewan is a vibrant and growing community with over 26,000 residents, that aims to maintain the qualities of small town living. Nestled along the banks of the North Saskatchewan River, the community is only 15 minutes northeast of Edmonton, Alberta. Since 2009, the City of Fort Saskatchewan has been actively involved in purchasing and installing public art throughout Downtown Fort Saskatchewan. There are currently 13 pieces throughout the community. Public art can help promote cultural, aesthetic, and economic vitality by integrating the work of artists into public places. Public art has been recognized as a significant tool for building livable cities, for urban beautification and for economic development. A successful Public Art Program makes public spaces more attractive and interesting resulting in benefits for both residents and visitors.

Artists are invited to submit their proposals to create site‐specific public art for the Skatepark addition located on 101 Street and 94 Avenue. The competition is open to Canadian visual artists that can work with local youth to design and create an inspirational piece that represents the vision of the youth in the community.

Budget:

The project is to be completed within the maximum budget of $20,000 CAD (exclusive of GST). This may include, but is not limited to, all youth engagement fees, artist fees, design, fabrication, shipping, insurance, travel, site preparation, installation costs/fees and applicable taxes. A detailed budget is required in the submission.

Incurred Costs:

The City of Fort Saskatchewan shall not be liable for any costs of preparation of proposals or any other cost associated with responses to the RFP.

Period of Commitment:

Proposals must be firm for a period of not less than 60 days form the closing date.

Proposal Deadline:

14:00 on May 9, 2019

Installation:

Late Summer / Early Fall 2019



2. LOCATION

Skatepark at 94 Avenue and 101 Street, Fort Saskatchewan

3. Design of the Skatepark Addition



Artwork Options (see Appendix 1):

Ledge 1: 0.45m x 4.8m

Ledge 2: 0.45m x 4.8m

Bank to Box 1: 0.2m x 2.7m

Park Garbage Cans

Stand Alone Piece

Other Ideas

4. THEME

Skateboarding is a sport, an art form, a lifestyle and a culture. Skateparks provide a place for kids to go and express themselves in an individual and athletic manner. Adding art that they help to develop not only invites them into the world of art and culture, but also creates a space that they identify with. By reflecting the values of youth in the community, and its past, present, and future, the public art piece can embody and symbolize a community’s sense of identity. Part of the proposal should include how the artist will engage with the local youth so that the local youth have significant input into the theme and design of the public art piece for the new addition to the skatepark.



5. ARTWORK DESIGN PARAMETERS

The artwork must adhere to the following design parameters: Will enhance the surrounding site and reflect the vision of local youth; Ensure artwork does not limit or impede access to any part of the Skatepark; Ensure artwork does not pose a risk of injury to the public (example: sharp points, slip hazards,

etc.); Meet fire codes with respect to flammability as applicable; Meet any applicable regulatory requirements or standards, including the Alberta Building Code; Artwork must be constructed of durable permanent materials; Artwork must be vandal resistant; Artwork must not interfere with the operation and serviceability of the Skatepark and must not

impact the skating surfaces; Artwork must be designed to be accessible for maintenance; and Be easily maintained and sustainable.

All artwork proposals will receive a preliminary review, to assess the permanence of materials and construction methods used, in order to proactively address maintenance and conservation concerns. Artwork proposals should take into consideration the location in which they will be sited. This can include (but is not limited to) repeated weather changes and climactic cycles, sunlight exposure, physical environment risks, and countless audience interactions.

6. SUBMISSION REQUIREMENTS

Artists must submit the following in order to qualify for consideration: a. Submission Form (Appendix 2); b. Letter of Intent - outlining why you are interested in this project; how this opportunity relates to

your art; and how you would approach this project; c. Youth Engagement Plan – outlining the process to gather input from local youth d. Artist Statement and Biography; e. References - please provide references’ current contact information only. 3 references required; f. Curriculum Vitae - Detailing professional experience as an artist and prior public art experience; g. Proposed Budget; h. Proposed Timeline; and i. Visual Documentation - include a maximum of 6 images of previous work. Please submit JPEG

files only please - minimum 150 dpi. Please send (a) through (h) as a single pdf file and the Visual Documentation as separate jpeg files. No hard copies will be accepted unless previously arranged. Incomplete applications will not be accepted. Please complete Sections 1 - 3 of the City’s Safety Qualification Form (Appendix 3) and include it with the submission requirements. Sections 4 – 6 will be required after Notice of Award. The proponent must meet the City’s safety qualification requirements before the City can enter into an agreement with the proponent.



Submissions are to be delivered to: Skatepark Public Art Project c/o Culture Services Director [email protected]

7. TIMELINE (subject to change)

May 9, 2019 Deadline for artist proposals May 17, 2019 Proposals are reviewed May 20 – 24, 2019 Successful artist(s) notified

8. SELECTION CRITERIA

Artists who meet the following criteria may be considered for commission: Demonstrated experience in completing public art projects with similar budgets; Demonstrated understanding of the project and its context; Style and originality of portfolio; Appropriateness of artistic proposal for the context; Technical feasibility and appropriateness of approach for the project; Experience in working collaboratively with youth; Adept at creating artwork that reflects community spirit; and Quality of overall past work.

The commissioned artwork will be chosen by a selection committee made up of City of Fort Saskatchewan staff from Culture Services, Project Management and Recreation Departments, and President of the Skateboarding Society. The selection committee is under no obligation to choose any of the proposals. All decisions of the selection committee are final. The City of Fort Saskatchewan reserves the right to revoke the competition for the Skatepark Public Art call for submissions and/or public art project.

9. ADDITIONAL INFORMATION

Questions:

Questions can be addressed through Diane Yanch, Culture Services Director, City of Fort Saskatchewan at 780.992.6261 or email: [email protected].

Return of Submissions:

Submissions will be kept on file and the artist’s name added to the Call for Artists database for notification of future projects. If the artist does not wish to have their submission added to the file and indicates so on the submission form, materials will be returned to the artist. Please include a stamped and addressed return envelope.

mailto:[email protected]




Loss or Damage:

While every precaution will be taken to prevent loss or damage, the City of Fort Saskatchewan and their agents shall not be liable for any loss or damage of artwork submissions, however caused.

Agreement:

The artist(s) will enter into an agreement with the City of Fort Saskatchewan. (Appendix 4).

Confidentiality:

Information pertaining to this project and to the City of Fort Saskatchewan obtained by the proponent as a result of participation in this RFP is confidential, and must not be disclosed by the proponent except as authorized in writing by the City of Fort Saskatchewan.

Original Work and Copyright:

The artist must guarantee that the artwork is original and does not violate the copyright of any other person. Successful artist(s) must be prepared to grant and license to the City of Fort Saskatchewan the exclusive right to exhibit the artwork in perpetuity and the non-exclusive right to photograph or video tape the artwork for promotion or distribution, without further compensation. The artist retains copyright as the creator of the artwork. The City of Fort Saskatchewan will not alter the artwork for purposes of maintenance, conservation, etc. without prior consultation with the artist. The City of Fort Saskatchewan reserves the right to move or de-accession the artwork if necessary and will make every effort to notify the artist.

Thank you for your interest in this project.



APPENDIX 1: POTENTIAL ARTWORK LOCATIONS Skatepark Addition

SCALE:

BANK 1 AND POLE JAM

1:50

103

SCALE:

LEDGE 2

1:50

104

SCALE:

LEDGE 1

1:50

101

SCALE:

BANK TO BOX 1

1:50

102

SCALE:

BANK 2

1:50

105

SCALE:

RAIL 1

1:50

106

SCALE:

UP GAP

1:50

107

SCALE:

POOL SECTION 1

1:50

201

SCALE:

POOL SECTION 2

1:50

202

SCALE:

BOWL SECTION 1A

1:50

301A

SST

SCALE:

POOL SECTION 3

1:50

203

45

0

2300 2500

30

0

75

0

4800

2319

7°

35

0

2700

20

0

2300

150

9°

35

05

58

2300 1007

45

0

80°

R

7

5

957

9°

90

8

2300

35

0

9

°

90

0

45

0

2500 2300

50

0

95

0

91

3

2319

1114118712131214

4800

7

°

30

0

821 1479

22

5

12

5

35

0

SCALE:

QP WALL SECTION 1

1:50

108

75

0

953 600 1383

75

0

2936

6

0

°

5

7

°R

9

0

0

R

1

6

5

0

18

00

1897

8

7

°

R

1

9

0

0

28

00

2600

9

0

°

20

0

R

2

6

0

0

5

9

°

60

0

1068

R

1

2

5

0

3256

3

4

°

3

4

°

R

3

2

0

0

R

2

6

0

0

10

00

44

8

1796

EXISTING SLAB

HANDRAIL MOUNTING

HANDRAIL MOUNTING

TYPICAL FOR ALL LEGS

SST

RST

FSB

FSB

FSB

FSB

EXISTING SLAB

EXISTING SLAB

RST

FSB

POOL BLOCK COPING

CP40

CP

POOL BLOCK

COPING

1879

THICKEN SLAB

1587

450

450

450

SST

45

0

23002500

30

0

75

0

4800

2319

7°

FSB

FSB

1879

THICKEN SLAB

1587

450

450

450

40

0

THICKEN SLAB

1500

SCALE:

BOWL SECTION 1B

1:50

301B

5

7

°

60

0

1068

R

1

2

5

0

R50mm ROUNDED

CONCRETE LIP

APPLY 3 COATS OF

PENTRA-SIL 244+

SCALE:

QP WALL SECTION 2

1:50

109

75

0

600 2500 953

75

0

6

0

°

5

1

°

6

0

°

4053

101

-

102

-

103

-

104

-

105

-

106

-

107

-

108

-

2

0

1

-

202

-

203

-

301A

-

302

-

3

05

-

3

04

-

306

-

307

-

3

0

7

-

3

0

8

-

303

-

3

07

-

3

10

-

309

-

301C

-

301B

-

2

0

1

-

201

-

2

0

3

-

2

0

3

-

3

0

1

A-

3

11

-

1

09

-

BUILDING SKATEBOARDING

V2Y 1N7

COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTY

OF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR

USED FOR OTHER PROJECTS WITHOUT PERMISSION

Ó

BY

DRAWING NUMBER: REV

DRAWN:

SCALE: 24"x36"

Langley, British Columbia

[email protected]

Unit #101 - 6249 205th Street P 604.530.1114

F 604.530.1119

NEW LINE SKATEPARKS inc.

CONTRACTOR SHALL CHECK ALL

DIMENSIONS ON THE WORK AND

REPORT ANY DISCREPANCY TO THE

CONSULTANT BEFORE PROCEEDING.

ALL DRAWINGS AND SPECIFICATIONS

ARE THE EXCLUSIVE PROPERTY OF

THE OWNER AND MUST BE RETURNED

AT THE COMPLETION OF THE WORK.

No DATE DESCRIPTION

PROJECT:

LOCATION:

DRAWING

TITLE:

PROJECT NUMBER:

CHECKED:

APPROVED:

START

DATE:

PAGE SIZE:

SK2016-35

2018.06.25

BG

JM

ML

FORT SASKATCHEWAN, ALBERTA

FORT SASKATCHEWAN

SKATEPARK EXPANSION

4

ISSUE FOR 25% REVIEWML2018.07.131

2 ML ISSUE FOR 75% REVIEW

ISSUE FOR 100% REVIEWML3

4 2019.01.28 ML ISSUE FOR CONSTRUCTION

2018.08.08

2018.09.10

1:200

SK-D-001

.

DETAILS SHEET 1

0 21

m

0.5 1.5

SCALE:

CONTEXT PLAN

1:150

0

joey

Rectangle

joey

Rectangle

joey

Rectangle



Park Garbage Can



APPENDIX 2: SUBMISSION FORM Skatepark Public Art Project Name: _________________________________ Phone: _________________________________ Address: _______________________________ City: ___________________________________ Province: _______________________________ Postal Code: ____________________________ Email: __________________________________ Website: _______________________________ ___ Yes ___ No Please retain my application as part of the City of Fort Saskatchewan artist database. I, ___________________________________ (print name) hereby make a submission for the Skatepark Public Art Project and am in agreement with the terms of competition as outlined within this call. _________________________________________ _______________________________________ Applicant Signature Date ENCLOSURES Please ensure that your submission follows the requirements stipulated in section 6 - SUBMISSION REQUIREMENTS. Failure to comply may result in your application being rejected.

Submission Form Letter of Intent Youth Engagement Plan Artist Statement and Biography References (3) Curriculum Vitae Proposed Budget Proposed Timeline Visual Documentation Safety Qualification Form

Submissions are to be delivered to: Deadline: 14:00 on May 9, 2019 Skatepark Public Art Project c/o Culture Services Director [email protected] This personal information is being collected under the authority of Section 33(c) of the Freedom of Information and Protection of Privacy Act and will be used solely for the purpose of the Skatepark Public Art Project for the City of Fort Saskatchewan. It will be treated in accordance with the privacy protection provisions of Part 2 of the Freedom of Information and Protection of Privacy Act. If you have any questions about the collection, contact the FOIP Coordinator for the City of Fort Saskatchewan at 780-992-6200.




APPENDIX 3: SAFETY PRE-QUALIFICATIONS

Rev: Nov 2017 Page 1 of 3

Safety Qualification

1. GENERAL INFORMATION

Company Name: Operates as:

Street Address: Mailing Address:

City: City:

Province: Province:

Postal Code: Postal Code:

Bus Telephone: ( ) Fax: ( )

Contact Information Name Phone Email

Primary Contact

HSE Contact

2. ORGANIZATION

Provide the WCB Industry Code(s) and description of service(s) provided: Industry Code Description of Service

Self Employed only?: No Yes Does your company use sub-contractors? :

If “Yes” do your sub-contractors have their own SMS?

No Yes

No Yes

Does your company hold a current ISO certification? : No Yes 9001:__________Other:

3. WCB STATISTICS

Does your company have a WCB account(s) in good standing? Yes No (if yes, please attach a current WCB clearance letter addressed to the City of Fort Saskatchewan)

WCB Stats from the last 3 years 20____ 20____ 20____ Employers premium rate Industry rate Rate adjustment, surcharge or discount Number of fatalities Number of Lost Time Injuries* *On a separate page, briefly explain any fatalities or lost times that may have been listed.

Attach a copy of the current year WCB Employer Premium Rate Statement and the two previous years.


Company Name:

4. SAFETY MANAGEMENT SYSTEM

Does your company have a COR or SECOR in the Province of Alberta? Yes No If “Yes”: Please attach a copy of the Certificate and table of contents. A copy of the SMS will be required after approval. If “No”: Does your company have an existing SMS that meets (SE)COR requirements? Yes No

If “Yes”: Please attach a copy of table of contents. A copy of the SMS will be required after approval If “No”: Please confirm if you have any parts of a SMS:

a. Corporate Safety Policy No Yes b. Roles and Responsibilities No Yes c. Hazard Assessment Process No Yes d. Planned Worksite Inspections No Yes e. New Hire Orientation No Yes f. Supervisor Training Program No Yes g. Worker Competency Program No Yes h. Safe Work Procedures No Yes i. Safe Work Practices No Yes j. Pre-Job meetings (safety is topic) No Yes k. Environmental Practices No Yes l. Incident investigation procedures No Yes m. Emergency Response Planning No Yes n. Reference to AB OH&S No Yes o. Preventative Maintenance No Yes p. Subcontractor Management No Yes Has your company ever been issued a stop work order by or from a Government regulatory agency in the last 5 years? (if yes, please provide details)

5. PROGRAM VERIFICATION

If your company has COR, SECOR, a SMS or said yes to parts of a SMS: • Attach a copy of the completed formal hazard assessment for overall company scope of work. (Not a field level or

site specific hazard assessment)

• Provide frequency and percentage of compliance for worksite safety inspections:

Frequency:_____________ Compliance: __________%

• Provide frequency and percentage of compliance for safety meetings:

Frequency:_____________ Compliance: __________%• If “yes” to subcontractor management in SMS, attach a copy of the subcontractor management process.

6. COMPETENCY VERIFICATION

Provide business resumes or letters of experience for any project management and supervisors and includedocumentation to support the following:

o Education and/or certification within occupation or trade(s). This may include doctorates, degrees,diplomas, trade certifications or records of training in non-certified trades.

o Supervisor level safety qualifications. This may include courses from a university, college, trade school, anaccredited safety association such as:

AMHSA (Alberta Municipalities Health and Safety Association) ACSA (Alberta Construction Safety Association)

Provide documentation supporting training & education of company safety representative. Provide documentation supporting training & education of designated emergency response staff. (first aid, rescue,

etc)


Company Name:

Are you responding to a request for proposal? Yes No

If “Yes” cite proposal name/number: __________________________________________________________

By Signing this form, I declare that the information provided is complete, correct and that I understand that the City maintains the right to verify and periodically audit my safety records for compliance to Legislative and City standards:

______________ DD / MM / YYYY

Senior Representative Title and Telephone Number Signature

Safety Representative Title and Telephone Number Signature

CITY USE ONLY

Review by City of Fort Saskatchewan Health and Safety Advisor

Contractor is:

Acceptable for approved contractor list

Conditionally approved for approved contractor list. The following conditions must be met prior to work commencing:

Not acceptable for approved contractor list

List of attachments: Current WCB Clearance Letter addressed to the City of Fort Saskatchewan;

WCB Premium Rate Statements for current and past two years;

Copy of COR or SECOR certificate (if applicable);

Copy of SMS table of contents (if applicable);

Copy of formal hazard assessment for company scope of work;

Subcontractor management process (if applicable);

Copies of managerial and supervisory competencies;

Copies of health & safety staff training & education (if applicable); and

Copies of emergency response staff training & education.



APPENDIX 4: SAMPLE AGREEMENT THIS AGREEMENT made this day of 2019

BETWEEN:

THE CITY OF FORT SASKATCHEWAN

(hereinafter called the “City”)

OF THE FIRST PART

- and -

Name of the Artist

(hereinafter called the “Artist”)

WHEREAS the City has contracted the artist to create the artwork and install a description of the artwork

and the location;

NOW THEREFORE THE PARTIES in consideration of the mutual covenants herein contained agree as

follows:

1.00 DEFINITIONS

1.01 The “Artwork” means the final piece of artwork for display at the Place of Installation developed

from the design and specifications provided by the Artist and approved by the City, which is more

particularly described in Schedule “A” attached hereto.

1.02 The “Work” means the act of designing, producing and fabricating the Artwork as well as storage,

delivering and installing it at the Place of Installation.

1.03 The “Place of Installation” is described in Schedule “A” to this agreement.

2.00 PRICE

2.01 The total remuneration for your services (inclusive of your expenses and equipment associated

with the provision of services, installation and your fee for services) is _______ plus GST. Fifty

(50%) of the fee will be paid upon signing of the contract and fifty (50%) will be paid upon



completion and installation of the piece. Each payment will be paid to you within thirty (30) days

of the City’s receipt of an invoice from you. As an independent Artist, the City will not withhold or

remit income tax, Employment Insurance or Canada Pension Plan premiums, or any other

employment deductions on your behalf. You will be responsible for these matters and you shall

indemnify the City for any claims which may be made against it as a result of any failure by you to

attend to these matters on your own behalf.

3.00 ARTIST’S COVENANTS

3.01 The Artist agrees to provide all work and materials necessary to create the Artwork and to fulfill

all its obligations as set out in this Agreement.

3.02 The materials, methods and processes used to produce the Artwork shall be as in Schedule “A”

attached hereto and forming part of this Agreement.

3.03 The Artwork shall be installed to the satisfaction of the City projected as before

_______________ or such later date as agreed upon in writing by the Artist and the City or as

may be extended if both parties agree.

3.04 In producing the Artwork, the Artist shall use the skills, diligence and workmanship as are

normally found in the artistic profession, and will ensure that all materials incorporated into the

Artwork are of the utmost quality and design expected in the public art industry.

3.05 The Artist shall ensure that when the Artwork is delivered to the Site as set out in Place of

Installation, it is free from all defects and meets the specifications as outlined in Schedule “A”

attached hereto.

3.06 The Artist is responsible for presenting to the City in writing for approval any significant changes

in the execution, fabrication, transportation, delivery or installation of the Artwork not permitted

by or not in conformity with the original proposal. A significant change from the original artwork

concept is any change in the artistic expression, scope, design, colour, size, material, texture or

location of the Artwork and those that affect installation, scheduling, site preparation,

maintenance and preservation of the Artwork or the concept of the Artwork.

3.07 During the design and production of the Work, the Artist shall keep the City’s designated agent

advised of the status of the production of the Artwork. If requested by the City, the Artist shall

allow a representative of the City to view the Work and Artwork during its various stages of

production.

3.08 The Artist agrees to be responsible for all costs and supervision of the actual fabrication, storage

and delivery and installation of the Work and Artwork including the cost of any site preparations



that are required for the installation of the Artwork in its final location. Installation shall have

been deemed to be complete when such has been accepted by the City.

3.09 Upon installation of the Artwork, the Artist shall clean the Artwork to ensure that all dirt,

imperfections and extraneous materials are removed from the Artwork.

3.10 In the event of any physical loss or damage to the Artwork caused by the Artist or Artist’s agents

prior to the acceptance of the installation, the Artist shall immediately rectify the loss and

damage by repair, restoration, replacement or other appropriate means at no additional cost to

the City.

3.11 The Artist shall ensure that payments will be made to all suppliers and subcontractors that may

be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of

the Artwork. The Artist further covenants to indemnify herein the City, from and against all liens,

all builders liens, claims, actions, costs and damages which may arise during the fabrication or

installation of the Artwork on the Place of Installation.

3.12 During the design, production and installation of the Work and Artwork the Artist shall have the

following insurance coverage:

a) General liability insurance in an amount of not less than Two Million ($2,000,000.00) Dollars per occurrence for personal injury and for property damage. Such insurance should be in a form that is sufficient to cover all exposure arising from the Work and Artwork at each stage of the Work.

b) Automobile liability insurance on all vehicles owned, operated or licensed in the name of the Artist in an amount not less than one million dollars ($1,000,000).

c) Property insurance on an All Risk basis for the full value of the Work and Artwork stock and equipment (as applicable). Such insurance shall be maintained until such time as the City has determined the installation is complete.

d) The aforementioned insurance coverage shall be in a form and with insurers acceptable to the City and such policies shall be endorsed to provide the City with thirty (30) days prior written notice of cancellation or material change. Evidence of such policies shall be submitted to the City to the satisfaction of the City;

e) All insurance coverage maintained by the Artist in accordance with this Agreement shall include waivers of subrogation by the insurers in favor of the City and shall name the City as an additional insured in respect to the Services provided to the City by the Artist.

3.13 It is understood and agreed that the amounts of insurance shown do not in any way define or

limit the Artist’s ability to indemnify the City in the event of any injury or damage during the

period of installation, nor does the City make any representations as to adequacy of said amounts



or scope of insurance coverage in the event of injury or damage. The Artist should direct any

questions or concerns relating to the adequacy of coverage to the Artist’s insurance broker.

3.14 The granting of any payment by the City, or the receipt thereof by the Artist, shall in no way

lessen the liability of the Artist to replace unsatisfactory work, equipment, or materials although

the unsatisfactory character of such work, equipment or materials may not have been apparent

or detected at the time such payment was made or during a warranty period of one (1) year.

3.15 The Artist will provide competent staff to provide the Services required under this Contract.

3.16 In carrying out its obligations hereunder, the Artist shall be bound by and observe all applicable

federal, provincial and municipal legislation and related regulations, which, without limiting the

generality of the foregoing, shall include the provisions of the Environmental Protection and

Enhancement Act, RSA 2000, Chapter E-12, as amended from time to time, and the Artist shall

cause all of its employees and approved sub-contractors to be so bound.

3.17 The Artist shall be responsible for appropriate and safe usage of wireless communication devices

while conducting City-related business pursuant to City Policy Gen-019-A.

3.18 Prior to commencing the Services described hereunder and prior to receiving payment on

completion, the Artist shall provide evidence of compliance with all requirements of the Province

or Territory of the place of building with respect to Workers’ Compensation including payment

due thereunder. At any time during the term of this Contract, when requested by the City’s

representative, the Artist shall provide such evidence of compliance by himself and any or all of

his sub-contractors.

3.19 The Artist shall familiarize itself, its employees, and any subcontractors engaged to provide the

Services within the terms of the Occupational Health and Safety Act, together with all regulations

and adopted Codes passed thereunder to ensure complete understanding respecting the

responsibilities given and compliance required. The Artist shall, to the extent required by the

Occupational Health and Safety Act, establish and maintain a health and safety system or such

process as to ensure compliance with the Occupational Health and Safety Act for itself and any

sub-contractors engaged to provide the Services.

3.20 The Artist shall deliver all information necessary for the City to properly care for and maintain the

Artwork in the form of a maintenance manual, including information regarding the physical

make-up of the Artwork, methods and materials and information about the artistic intent of the

Artist in the design, fabrication, and installation of the Artwork, and the type and source of

replacement parts.



3.21 Following the completion of the Work, the Artist agrees to provide the City with a biography,

artistic statement, and any other materials required for education and conservation of the work

as stipulated by the City. The Artist shall deliver a set of color photographs in digital format with

print-quality resolution, of the installed Artwork for the City’s archives. The Artist further agrees

to endeavor to be present for any project launches or inaugurations of the work.

4.00 CITY COVENANTS

4.01 The City agrees to pay the Artist all funds due as set out and as provided for herein.

4.02 The City shall provide a plaque which will identify the name of the Artist, the name of the Artwork

and the year of the Artwork.

4.03 The City shall not make any three-dimensional reproductions of the Artwork without the prior

written consent of the Artist.

4.04 The City shall provide a safe site to enable the Artist and all agents or servants of the Artist to

deliver and install the Artwork safely.

4.05 The City agrees to keep the Artwork in a clean condition, free of debris or banners or signage

which defaces the Artwork, all to the level which the City considers to be appropriate and in

accordance with the maintenance manual to be approved by the City and that will be provided by

the Artist.

4.06 The City also agrees to exhibit the Artwork only in the original location and in its original and

complete format. If the Artwork has to be moved to another site, the City shall consult with the

Artist on any relocation. The Artist shall have the right to remove their name from the Artwork in

the event of their disapproval. Any costs of relocation of the Artwork shall become the

responsibility of the City.

5.00 INDEMNIFICATION

5.01 Until such time as the artwork is installed and complete, the Artist shall indemnify and hold

harmless the City, its employees, agents, servants and contractors for any and all losses, claims,

demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or

deformities or structural failures of the Work and Artwork.

6.00 COPYRIGHT

6.01 The Artist warrants that the Artwork is original to the Artist and does not violate any copyright of

any other person. The Artist shall indemnify and hold harmless the City, its partners, employees,



agents, servants and contractors for any and all losses, claims, demands, suits, actions, judgments

or costs that may arise from the allegation that the Artwork is not original to the Artist.

6.02 The copyright of the Artwork shall be and remains with the Artist. The Artist retains all rights

under the Copyright Law of Canada except as modified by 6.03(a) and (b). Notwithstanding, the

Artist agrees that the Artwork is original and will not make an identical three-dimensional

Artwork.

6.03 It is understood that the Artist agrees to grant and license to the City the following:

a) The Artist will grant and license to the City the exclusive right to exhibit the Artwork in public in perpetuity unless terminated by the exercise of rights pursuant to this Agreement.

b) The Artist will grant license to the City the non-exclusive right to use photographs, drawings, film, video, CD-ROM, and other mechanical reproductions of the Artwork as the case may be, and to reproduce, publish and distribute copies of such photographs or cinematographic works in perpetuity, throughout the world and by any and all means and in any and all media and formats, whether now known or hereafter devised for non-commercial purposes.

c) The Artist retains the right to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork by the City except where the Artwork is not the primary subject of the said reproduction.

d) The Artist authorizes the City to use the Artist’s names, likenesses, and biographical information in connection with the display or reproduction and distribution of the Artwork and in any promotional materials regarding the City.

e) The Artist agrees to use best efforts to give credit to the City as the owner of the Artwork. f) The City agrees to use best efforts to give credit to the Artist as creator of the Artwork in all

photographs and cinematographic works and any copies thereof embodying the Work that are made or authorized by the City. The placement, form, type and size of such credit shall be at the City’s sole discretion, as appropriate. Casual or inadvertent failure by the City or any third party to comply with this provision shall not constitute a breach of this Agreement.

6.04 The Artist acknowledges and agrees that the Artwork, by nature of its composition and location,

will be subject to the ravages of nature, pollution, vandalism and time, and that the City may in

future use the site of an Artwork for civic purposes requiring the Artwork's removal or relocation.

While the City will reasonably seek to maintain the Work according to the Artist’s original intent,

the City must retain the right to alter, remove or relocate the Artwork if the site of an Artwork is

required for purposes deemed necessary or expedient by the City. At any time such alteration,

removal or relocation is in the opinion of the City deemed necessary, the Artist may decide the

Artwork is no longer the Artwork as originally intended and the Artist may request that all signs

and acknowledgments linking the Artwork to the Artist be removed. The Artist agrees that such

alteration, removal or relocation shall not violate the Artist’s moral rights in relation to the

Artwork. The City will, by notice to the Artist, endeavor to consult with the Artist on the Artwork’s

removal, relocation or maintenance, or changes to the Site location which impacts the Artwork.



If, for any reason, the City determines it is unable to remove or relocate the Artwork without

destroying the Artwork, the City will, by notice to the Artist, offer the Artist a reasonable

opportunity to recover the Artwork at no cost to the Artist except for the obligation of the Artist

to indemnify and reimburse the City for the amount by which the cost to the City of such

recovery exceeds the cost to the City of the proposed destruction. The Artist acknowledges and

agrees that if the Artist chooses not to recover the Artwork and the Artwork is destroyed, such

destruction shall not violate or infringe the Artist’s moral rights in relation to the Artwork.

Accordingly, the Artist hereby acknowledges and agrees that the City may, subject to the

foregoing:

a) alter the site of the Artwork;

b) repair and maintain the Artwork;

c) relocate the Artwork to another location;

d) remove the Artwork;

e) use the site of the Artwork for any municipal purpose; or

f) destroy the Artwork,

without violating or infringing the Artist’s moral rights in relation to the Artwork.

7.00 CONSERVATION AND MAINTENANCE

7.01 The parties acknowledge that the Artist and the Artist’s subcontractors are independent

contractors and are not employees or under control of the City.

7.02 Should the City find any deficiencies in the Artwork, it will immediately advise the Artist in writing

and the Artist must rectify such deficiency within thirty (30) days of receipt of such notice.

Should it not be possible to complete rectifying the deficiencies within thirty (30) days, the Artist

shall provide a Schedule to the City that is acceptable to the City indicating when completion may

occur.

7.03 In the event that the Artwork shall require repairs subsequent to the date of completion arising

from normal weathering and “wear and tear”; then in such event the City shall complete repairs

in consultation with the Artist or a qualified conservator, and advise the Artist in writing as to the

nature of such repair.



7.04 Notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the

manual submitted by the Artist, during the first one (1) year after installation and acceptance by

the City, the Artist agrees to repair any defects or deficiencies found within the Artwork without

any charge to the City.

7.05 In determining qualified individuals to implement a Conservation plan for an Artwork, the

Conservator will consider the Artist who created the Artwork, and specialized service providers.

Any work and material expense undertaken by the Artist in the context of conservation work shall

be compensated by the City unless such work results from a design or production flaw in the

Artwork within the one-year warranty period.

7.06 In the event of any death or incapacity of the Artist before the complete installation of the

Artwork, the City and the Artist’s representative shall meet to determine whether the Artwork is

at a stage where it can be completed and installed by the Artist’s designated representative. In

such case, the Artist shall be paid in full under the terms of this agreement. If the Artwork cannot

be completed in the reasonable view of the Artist’s representative, then the City shall pay the

Artist for the Work completed to date of said incapacity. In such a case the Artist’s representative

will determine if the Artwork shall be represented to be the Artwork of the Artist. The City shall

be vested with title to the unfinished Artwork upon paying the Artist, their personal

representatives, administrators, executors or executrix a sum in the direct proportion of the

percent of the Artwork completed to that date as determined by the City.

7.08 Notwithstanding the foregoing, the City shall have the right to determine when and if repairs and

restorations to the Artwork will be made.

8.00 TERMINATION

8.01 Either Party may terminate this Agreement for material breach of its terms. In the event of

default by the Artist, all finished and unfinished drawings, sketches, photographs, maquettes,

titles and other work products prepared and submitted or prepared for submission by the Artist

under this Agreement (the "Preliminary Work") will, at the City's option, become its property and

the City will compensate the Artist for all services satisfactorily performed by the Artist prior to

termination. Yourself or the City may terminate this contract and your retainer for any reason

whatsoever, either by giving seven (7) days written notice to the other party. After this notice, all

further obligations on the part of both you and the City come to an end. Notice to the City in this

regard must be provided to the undersigned.

9.00 GENERAL TERMS AND CONDITIONS

9.01 Neither party shall be responsible for any failure to comply with or for any delay in performance

of the terms of this Agreement including but not limited to delays in delivery, where such failure



or delay is directly or indirectly caused by or results from events of force majeure beyond the

control of the party sought to be charged. These events shall include, but not be limited to fire,

earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour

problems or delays in transportation, inability to secure necessary materials, parts or

components, delay or failure of performance of any supplier or subcontractor, acts of Nature or

acts of Government.

9.02 No assignment of this agreement may be made by either party without the express written

consent of the other, which consent may not be arbitrarily withheld.

9.03 The parties agree that the laws of the Province of Alberta shall govern this Agreement.

9.04 This Agreement forms the entire agreement between parties and no other representations either

oral or written shall form part of this Agreement

9.05 Any notice or payment required to be given pursuant to this Agreement shall be sufficiently given

if delivered as follows:

To the City at:

__________________

__________________

__________________

To the Artist at:

__________________

__________________

__________________

Or to such other address as the parties may convey to each other in writing.

It is deemed that notice is received three (3) days after the mailing of any notice or upon delivery, if

personally delivered or emailed.

IN WITNESS WHEREOF the parties have executed this Contract as of the date first above written.



In the absence of a corporate seal, the Affidavit of Execution attached shall be completed in full and is

declared to be and form part of this Contract.

CITY OF FORT SASKATCHEWAN

________________________________

Director, Legislative Services

________________________________

General Manager, Community and Protective Services

ARTIST

_____________________________ Per: ____________________________

Witness

_____________________________ Per: ____________________________

Witness



SCHEDULE A

Project Description

Price Details

Payment Schedule

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