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Artist Request for Qualifications & Proposals – Wall Mural for Tremonton City, UT

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Background: Tremonton City is located in Box Elder County, 75 miles north of Salt Lake City, and 18 miles north of Brigham City, the county seat, and approximately 20 miles south of the Idaho border in the Bear River Valley and is just east of the northern tip of the Great Salt Lake. Tremonton City is located at the crossroads of the northwest where Interstates 15 and 84 converge. Tremonton City’s current population is approximately 8,000 and is the commercial and employment center for the northern region of Box Elder County. Many of the businesses in the Main Street and Downtown Areas are locally owned. In the past Tremonton City’s Main Street and Downtown Areas have been in decline for many years. To revitalize these areas, the City underwent a Main Street visioning and public planning process facilitated by the American Institute of Architects’ Sustainable Design Assistance Team (SDAT). One of the goals identified through this public planning process was to make Main Street and Downtown more vibrant through public art. To this end, Tremonton City desires to create wall murals that contribute to the beautification, diversification, and economic vitality of the historic Main Street and Downtown Areas and meets the following objectives:

Reflects and promote historic and cultural identity, which is inspiring and uniquely Tremonton City or the region that will leave people inspired;

Improve the physical appearance of the Main Street and Downtown Areas by adding visual appeal to what would otherwise be monotonous building façade;

Is visually engaging for passersby and those who visit the Main Street and Downtown Areas; Is reflective of Tremonton City’s vibrant and diverse artistic community; Is not an advertisement; and Is not construed as vulgar or obscene, as determined by Tremonton City.

It is worth noting wall murals have adorned the Tremonton’s streetscape since the 1970’s. As published in a Wasatch View Magazine and Utah Life Magazine article featuring Tremonton City’s public art written by Tim Gurrister there was a mystery muralist from the 1970s credited with creating the first landscape murals on buildings around Tremonton. It is legend that the mystery muralist supposedly used his hair to make his paintbrush bristles. Although most have been painted over and lost there exists one remaining mural from the mystery muralist. From these humble and legendary public art beginnings, Tremonton City has worked to amass a collection of public art (See Exhibit C- Tremonton City’s Walking Art Tour Pamphlet). This collection went on to be nominated and to win the 2016, 2017, 2018 Best of State Award. Project Scope: Tremonton City received a grant from Box Elder County to undertake a wall mural with the suggestion that the subject of the mural is a photo of the “First Grand Entry” of the 1928 Box Elder County and Rodeo. The copy of the photograph is contained in Exhibit A- Photo of the “First Grand Entry.” The subject wall is located at the Box Elder County Fairgrounds located at 1200 W Main St, Tremonton, UT. The wall is constructed out of cinder block and is 134’ in length, although due to the varying height of the wall the primary area for the mural is 95’ in length. More specifically the wall has three distinct heights which range from 3’ to 7’7”. Contained in Exhibit B- Subject Wall is a picture of the wall along with measurements of the three distinct section. The City anticipates that the image of the “First Grand Entry” will need to be simplified and modified for the mural but the City hopes that there will be as much of the character of the scene as possible. Contained in Exhibit B is a photo simulation of the photo projected on to the wall.

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Design Requirements: The design of the mural shall substantially conform to the imaged contained in Exhibit “A” and demonstrate artistic excellence and meet the objectives stated in this document. The mural must be designed to be adequately and safely displayed, maintained and secured. The Artist may propose any material and medium for the creation of the mural, including but not limited to paint, metal, mosaic, etc. The Artist shall complete the installation of the mural in substantial conformity with the Tremonton City- approved proposal. During installation, the Selected Artist shall immediately present to Tremonton City for review and approval any proposed significant variances to the mural, not in substantial conformity with the originally approved design. For the purposes of this project, a significant variance is any change in the scope, design, color, size, or material of the mural that affects cost, installation, site preparation, maintenance, or concept as represented in the design. Tremonton City shall not be obligated to disburse grant monies to the Selected Artist for the mural unless the Selected Artist obtains Tremonton City approval for any significant variance from the initial concept submitted. Statement of Qualifications and Proposal Requirements: Artists interested in this project must prepare and submit a single PDF and include the following:

Professional Resume (Required). A resume not to exceed two pages. Including artist training, professional experience, and design and experience in environmental design. If submitting as a team, submit a resume for each team member.

Images (Required). A maximum of ten (10) images of a variety of prior projects. Ten images per application, not per team member. At least four of these images must be of relevant outdoor public art pieces. Each image must be numbered and include the title, date of completion/installation, media, dimensions (height x width, in feet), location, final project cost and a brief description of the work. Include the artist name.

Professional References (Required): A list of three (3) prior permanent public art project references with contact information (name, title, organization, mailing address, phone number, and email address), the name and location of the artwork, and a brief description of the relationship. References will be contacted before final selection.

Proposal (Required): Although the final artwork may evolve from the initial proposal with any substantial changes approved by the Tremonton City, artists must submit a color, scale, visual rendering (including labeled dimensions) and an itemized budget (1 page maximum for proposal and budget).

As noted above, the entire submission must be a single PDF (first name_last name_tremonton_muralpdf). Submissions must be submitted electronically as an email attachment and received by 5:00 p.m. on Thursday, August 30, 2018. Late statement of qualifications and proposals will not be accepted and incomplete applications, including those not formatted correctly, as solely determined by Tremonton City, will not be reviewed. Email the submission to lnessen@tremontoncity.com

All questions regarding the Main Street and Downtown Areas Mural Program are to be directed only to the person, email address and phone number listed below. Questions and responses may be posted on tremontoncity.org for all potential Artist to review. Please review the website below before emailing any questions as the website is updated on a regular basis. Questions will be answered in the order in

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which they are received.

Contact: Zach LeFevre, Tremonton City Arts Council Coordinator zlefevre@tremontoncity.com 435-257-9487

Eligibility of Artist: Artist should have experience creating, fabricating and installing public art. Only professional artists with reviewable portfolios are eligible to submit qualifications and proposals. Artist who wish to be considered for this project must have experience creating durable outdoor public art pieces, working within the public process, working with stakeholders and a proven ability to fabricate their own work or to work with fabricators and installers. Review and Selection Process: Tremonton City staff, Tremonton City Arts Council, Tremonton City Council, and Box Elder County Commission shall review and participate in the selection of the Artist which shall be based upon the following criteria:

• Professional qualifications • Proven artistic merit of prior relevant work • Placemaking experience with original artistic vision • Experience fabricating and installing permanent artwork suitable for the public and outdoor

environment • Experience working within the collaborative processes in public setting • Project management experience • The proposed artwork to be completed and the cost to complete the artwork • Other factors deemed important by the selection body

Professional Services Agreement and Contract Terms: Once an artist has been selected, Tremonton City will enter into an agreement with the Selected Artist regarding the mural artwork and other contract terms (See Exhibit “D”). Tremonton City shall pay the award to the Selected Artist for the mural in two installments as follows: fifty percent (50%) of the Payment upon execution of the Professional Services Agreement; and fifty percent (50%) upon the Tremonton City’s inspection and approval of the completed mural. The project must be completed as intended within three (3) month from grant award, weather permitting. Attachments: Exhibit A- Photo of the “First Grand Entry” taken in 1928 Exhibit B- Subject Wall Exhibit C- Tremonton City’s Walking Art Tour Pamphlet Exhibit D- Wall Mural Artist Professional Services Agreement

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Exhibit A- Proposed Subject Images

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Exhibit B- Proposed Subject Walls

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Approximately 39’ in length by 3’

for a total of 117 square feet

Approximately 69’ in length by 5’7”

for a total of 380 square feet

Approximately 26’ in length by 7’7”

for a total of 195 square feet

Exhibit C- Walking Art Tour

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Exhibit D- Template Artist Agreement

WALL MURAL ARTIST

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT (hereinafter referred to as the “Agreement”) for professional wall mural artist

services is made by and between Tremonton City, a body corporate and politic of the State of Utah (hereinafter

referred to as “Tremonton City”), and Artist Name (hereinafter referred to as “Contractor”), individually or jointly

the Tremonton City and Contractor shall be referred to as “Party” or “Parties”.

RECITALS

WHEREAS, to revitalize Tremonton City’s Main Street, Tremonton City recently underwent a Main Street

visioning and planning process facilitated by the American Institute of Architects’ Sustainable Design Assistance

Team (“SDAT”); and

WHEREAS, one of the objectives identified through the aforementioned visioning and planning process

was to make downtown more vibrant through public art; and

WHEREAS, Tremonton City applied for and received a grant award for Box Elder County to have a wall

mural painted, which has a mandatory completion date of no later than April 2019; and

WHEREAS, UCA 10-7-85 allows for the governing body of a municipality to provide funds for the arts;

and

WHEREAS, Contractor possesses highly specialized skills and talents associated with his ability to create

works of art; and

WHEREAS, the TREMONTON CITY is desirous to enter into a professional services agreement with

Contractor, wherein Contractor will provide to the TREMONTON CITY professional artist services, specific to

wall murals; and

WHEREAS, Contractor is desirous to provide the TREMONTON CITY with professional artist services,

specific to wall murals.

NOW, THEREFORE, in consideration of the promises contained herein, the Parties agree as follows:

1. Services Rendered. Contractor agrees to provide artist services. Specifically, Contractor agrees to

complete and paint, in a professional manner and in color tones, the image, in similar form and content, as contained

in Exhibit “A” on the wall identified in Exhibit “B” located at XXXXXX Tremonton, UT. The wall mural shall be

approximately XXXXXX, covering the entire surface of the wall.

2. Term of Agreement. The Agreement shall commence on the latter of the date that this Agreement is

signed by the Parties and shall terminate upon completion and acceptance of the mural. Additionally, Tremonton

City may terminate at any time, with or without cause, by providing written notice to the Contractor of the

termination of this Agreement. If this Agreement is terminated, the Contractor shall provide an invoice to the

Tremonton City itemizing and describing reasonable expenses incurred by the Contractor prior to the Tremonton

City’s termination of the Agreement. Tremonton City shall pay only reasonable expenses, as determined solely by

the Tremonton City Manager, documented in the Contractor’s submitted invoice. The Contractor may appeal the

Tremonton City Manager’s decision of amount paid to the Tremonton City Council whose decision shall be final.

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3. Notices. Any notice sent by either Party shall be sent, to the appropriate address contained herein,

certified mail, return receipt requested: Artist Name and Address

Attention TREMONTON CITY Executive Director

Tremonton City TREMONTON CITY

102 South Tremont Street

Tremonton, Utah 84337

3. Compensation/Independent Contractor. Contractor shall be compensated $To Be Determined (TBD)

for services rendered as described in Section 1 of this Agreement with half of the funds $(TBD) payable at the

signing of this Agreement and with the balance half $(TBD) being paid to the Contractor upon substantial

completion of the mural as determined by Tremonton City.

Contractor shall not be eligible for employee benefits from Tremonton City such as, but not limited to,

health insurance, dental insurance, life insurance, 401(k) participation, or retirement plans. Furthermore, Contractor

shall be compensated as an independent contractor receiving Internal Revenue Service Form 1099 from the

Tremonton City at the completion of the Tax year in which work is performed. Excepting Section 4 herein,

Contractor shall provide his own materials including but not limited to rollers, brushes, and tools.

4. Indemnity. Contractor agrees to indemnify and hold harmless Tremonton City from all liability arising

from any and all services provided by Contractor and/or its agents, criminal wrongdoing on the part of Contractor

and/or its agents, negligent acts by Contractor and/or its agents, intentional acts by Contractor and/or its agents.

Contractor further agrees to indemnify and hold harmless Tremonton City for any injury or damage to Contractor

or any third party based on Contractor’s use of Tremonton City equipment or equipment provided by Tremonton

City.

5. Entire Agreement. This Agreement sets forth the entire understanding agreement of the Parties with

respect to the subject matters stated herein and supersedes any prior or contemporaneous oral and/or written

agreements or representations, if any, between the Parties; that the terms of this Agreement are contractual and not

mere recitals; and the Parties acknowledge that no promise or agreement not included in this Agreement has been

made, but that they are relying solely upon their own judgment after consultation with their respective attorney or

attorneys.

6. Counterparts, Duplicate Copies, and Facsimile Copies. This Agreement may be executed in

counterparts such that an Agreement with a complete set of signatures, whether or not on different copies of the

page on which the signatures appear, shall constitute a fully-executed agreement; all executed copies of this

Agreement shall constitute duplicate originals; and a copy or facsimile signature shall be treated for all purposes as

an original signature.

7. Applicable Law, Jurisdiction, and Venue. The Agreement shall be interpreted in accordance with

Tremonton City ordinance and with the laws of the state of Utah, and the First District Court of the State of Utah,

in and for Box Elder County shall have jurisdiction and be the proper venue for any suit arising here from.

8. Modification. The Agreement may not be modified in any manner except in writing signed by each of

the Parties.

9. Authority. The undersigned each represents that they have full authority to sign this Agreement and to

enter into this Agreement on behalf of the Party to the Agreement so reflected by each signature.

10. Incorporation of Recitals and Exhibits. All recitals and exhibits contained herein and/or attached

hereto are hereby incorporated into the Agreement.

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11. Severability. In the event that any portion of this Agreement is nullified or voided by a Court of

competent jurisdiction, that portion shall be severed from the remainder of the Agreement, and all other portions of

the Agreement shall remain in full force.

12. Attorney’s Fees and Costs. In the event of any litigation arising here from, the prevailing Party shall

be entitled to collect from the non-prevailing Party, all costs of litigation and collection including, but not limited

to, attorney’s fees and costs of suit and collection.

13. Copyright; Right of Use. Tremonton City shall retain the following rights, together with the copyright,

to the mural created by the Contractor:

(i). To use the mural or reproductions of the mural or mural image for publicity and/or fund

raising purposes, and to license souvenirs of said mural.

(ii). To allow members of the public to photograph or video the mural for non-commercial

purposes.

(iii). To allow the various members of the media, including, but not limited to newspapers,

magazines, newsletters, television stations, and movie makers to photograph, film or video tape the mural.

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IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates herein shown

below.

TREMONTON CITY,

A Utah Municipal Corporation

Roger Fridal, Mayor (Date)

Attest:

_______________________________________

Linsey Nessen, Secretary (Date)

CONTRACTOR

Artist (Date)

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