HomeMy WebLinkAbout92-01 RESOLUTION• •
RESOLUTION NO. 9 -01
A RESOLUTION TO EXPRESS THE CITY OF FAYETTEVILLE'S
INTENT TO ACCEPT A GIFT FROM ED AND KARLEE
BRADBERRY IN OF A SPHERICAL BRONZE FOUNTAIN
CREATED BY HANK KAMINSKY FOR THE TOWN CENTER PLAZA
WHEREAS, Ed and Karlee Bradberry desire to make a generous gift to
pay for the creation and installation of a spherical bronze fountain for the Town
Center Plaza; and
WHEREAS, the City Council of Fayetteville, Arkansas wishes to express
its gratitude and thanks to Mr. and Mrs. Bradberry for their generous gift to pay
for this Hank Kaminsky work of art to grace the Town Center Plaza.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
expresses its gratitude and intent to accept gift from Ed and Karlee Bradberry of
the Hank Kaminsky spherical bronze fountain for the Town Center Plaza.
Section 2. That the City Council of the City of Fayetteville, Arkansas
approves the basic design of the Kaminsky Peace Fountain.
` r t ' f?'.4SSED and APPROVED this the 19th day of June, 2001.
ATTEST:
APPROVED:
By:
By:fI5 !x[44
eather Woodruff, City Cler
DAN COODY, May
•
NAME OF FILE. Resolution No. 92-01
CROSS REFERENCE:
06/19/01
Resolution No. 92-01
ave
06/21/01
Departmental Correspondence to Minor Wallace, Project Manager, from
Heather Woodruff, City Clerk
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BEKKA DEVELOPMENT CO.
EXECUTIVE SQUARE, ONE WEST MOUNTAIN, FAYETTEVILLE, AR 72701
(501) 442-7672 FAX (501) 442-4580
July 30, 2001
Mayor Dan Coody
Mr. Hank Kaminsky
Mr. Joe Fennell
Mr Jim Foster
Gentlemen:
Attached is a fully executed copy of the agreement covering the
installation of the Bronze Fountain Sculpture. The agreement has been
funded and I understand the artist is hard at work. Karlee and I are very
excited about this projectand look forward to its progress. We thank each of
you for your cooperation in making this a reality.
cc: Ms. Bootsie Ackerman
Yours very truly,
AGREEMENT
THIS AGREEMENT is made and entered into this o? 71i day of July, 2001,
between Hank Kaminsky, doing business at Kaminsky Studio, 641 West 6th
Street, Fayetteville, Arkansas 72701 (hereinafter the "Artist"); Ed and Karlee
Bradberry, 1 W Mountain St., Fayetteville, Arkansas 72771. (hereinafter the
"Donors"); Downtown / Dickson Enhancement Project, Inc. (DDEP), 100 W.
Center St , Fayetteville, Arkansas 72701 (hereinafter the "Project Manager"); the
City of Fayetteville 113 W Mountain St., Fayetteville, Arkansas, (hereinafter the
"City") and, the A & P Commission; 123 W. Mountain St., Fayetteville, Arkansas
72701 (hereinafter the "A&P").
WHEREAS, Ed and Karlee Bradberry are desirous of donating funding for
the design, execution, fabrication, deliverance and installation of a spherical
bronze fountain sculpture to the City of Fayetteville for the Town Center Plaza;
and
WHEREAS, the Artist has been commissioned to design, execute, fabricate,
deliver and install a bronze fountain sculpture (hereinafter the "Artwork") to be
placed in the Town Center Plaza (hereinafter the "Site") located north of the Town
Center, on the Fayetteville, Arkansas Square (hereinafter the "Building"); and
WHEREAS, the Artist is desirous of creating for the City an original work
of art in a professional manner and in keeping with professional standards for art
in public places, and
WHEREAS, Downtown / Dickson Enhancement Project, Inc. is desirous of
enhancing the Downtown Square with the fountain sculpture and is willing and
able to be the Project Manager during the construction and installation of said
Artwork; and
WHEREAS, the City of Fayetteville has passed a Resolution to express the
City of Fayetteville's intent to accept the donation from Ed and Karlee Bradberry;
and
WHEREAS, the A & P, as the Manager of the Town Center for the City of
Fayetteville, is willing to maintain the Artwork as set forth herein,
THEREFORE, the parties to this Agreement, in consideration of the mutual
promises hereinafter set forth, do mutually contract and agree to the following
terms and conditions:
1. Retaining of Artist. The Donors engage the Artist to perform, and the
Artist agrees to perform, the services set forth in this Agreement. The Artist, his
employees, subcontractors and agents shall at all times be independent contractors
and shall never, for any purpose, be deemed an employee or agent of any of the
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Donors, the A & P, the City, or DDEP. The Artist (or his employees or other
persons designated by the artists) shall furnish all supervision, labor, materials,
equipment, supplies and all other incidentals, and do all things necessary for the
performance of the work described below, except as may be specifically set forth
below. Artist shall be solely responsible for all withholdings for state or federal
taxes and/or benefits. The Donors, A& P, City, or DDEP shall not have power or
authority to direct, supervise, or control employees of the Artist. Artist shall, in
the exercise of his independent employment select the means, manner, and method
of performance of such work, being responsible to the other Parties solely for
results obtained.
In the event of death or disability of the Artist prior to installation of the
Artwork, the Donors may terminate this Agreement, unless the Artist's executor
proposes a successor artist to complete the work, who is acceptable to the Donors.
In the event of termination, the Donors shall not be obligated to make any further
payments as set forth in section 19, but shall pay for any costs incurred by the
Artist subsequent to the last payment made under section 19 or in the alternative
the Donors shall receive reimbursement for payments made under section 19 for
expenses that have not been incurred.
2. Artwork. The Artist agrees, in connection and cooperation with the
Parties and under the terms and conditions stated in this Agreement, to design,
fabricate, deliver and install the following Artwork:
A spherical bronze fountain sculpture, approximately ten (10) feet in
diameter placed within a suitable masonry basin In addition to the
spherical bronze fountain sculpture, the Artwork shall include the
lining of the fountain basin, all necessary electrical equipment, water
lines, pumps and other machinery for processing and delivery of
water from the pump to the fountain sculpture, an adequate lighting
system to illuminate the sculpture, and the structural changes to the
existing building site as stated on Exhibit 1, which is attached hereto.
On execution of this contract and the receipt of the initial payment outlined
below, (in section 19a) the Artist will begin the design and production of the
artwork. This shall be divided into three phases: (1): a design and pattern
production phase which shall end with the completion and approval of the clay
master pattern (payment according to section 19(b)), (2): a production phase which
will involve the casting of the sculpture in bronze (payment according to section
19(c)), and (3) the installation phase at the site with all site and mechanical work
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complete (payment according to section 19(d)). The Parties shall have right of
review of all phases.
The Artwork shall be completed in substantial conformity to the original
proposal submitted by the Artist and approved by all parties as shown on Exhibit
2, which is attached hereto. Any significant changes in scope, design, size, or
material or any change that will significantly affect the Artwork visually or
mechanically shall require the prior review and approval of the Artist and the
Donors. Any change that will affect site preparation, scheduling or maintenance
of the Artwork shall require the prior approval of the Artist and the Donors, the
City, and theA&P.
3. Building. The Artwork is to be created for installation on the Town
Center Plaza (the "Site"). Upon request by the Artist, the City and/or its Architect
shall provide the Artist with any information reasonably available to the City
concerning the construction of the Town Center Building and Plaza that may be
necessary fot the proper design, fabrication, and installation of the Artwork.
4. Schedule for Completion. The Artist shall complete the fabrication
and installation of the Artwork on or before July 14, 2002 unless the Parties agree
in writing to an extension, or unless the delay is attributable to a cause other than
the Artist. The granting of any extension shall not affect any other provisions of
this Agreement. If the Artist fails to complete installation within the time set forth
herein and any extensions thereto as a result of delays attributable to the Artist, the
Project Manager may at its option deduct five percent (5%) of any balance that
remains due under section 19 for each thirty one (31) days the Artwork's
installation is not completed after the agreed completion date
5. Inspection and Review. The Parties shall have the right to review the
Artwork at the artist's studio, after reasonable notification of the Artist, at
reasonable times, while the Artwork in any phase of the process of fabrication and
installation. The Project Manager may also ask for progress reports from the Artist
from time to time as reasonably requested and copies of the progress reports shall
be provided to all Parties.
6. Site Preparation. The Parties agree that the most suitable site for the
installation of the Artwork is in the basin located on the west side of the Plaza
closest to the Building. The Artist will work with the architect in designing the
placement of the Artwork at the Building and will monitor the sub-contractor(s)
making any site preparations, etc. The Artist shall be responsible for, and to make
all necessary preparations for any necessary changes to the structural integrity of
the Site. A & P has had conduit installed for the electrical and water lines, and
with presentation of Invoice(s) shall be reimbursed by the Artist for the expenses
of said installation. The Artist shall pay for the installation of the electrical and
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water lines for the Artwork. The Artist shall be responsible for all expenses, labor
and equipment associated with the Artwork, which shall include the pump and
associated water handling equipment integral to the fountain, the enclosure for
said equipment, the masonry basin and the pedestal upon which the Artwork is to
rest, and the lighting system for the Artwork. The Artist shall not be responsible
for preparation of landscaping, if any, structural footings, public access or public
security for the Artwork. The A & P shall provide electricity and water for the
Artwork and shall provide the space in the Town Center which has been set aside
for the location for the enclosure for the pump and associated water handling
equipment integral to the fountain.
7. Installation. The Artist shall be responsible for transportation of the
Artwork to the Building and for its installation there. The Artist shall notify the
Parties within ten (10) working days of when the installation of the Artwork shall
begin and within ten (10) working days after the date upon which installation is
complete.
8. Documentation. Within ten (10) working days following completion
of installation, the Artist shall furnish the City with a current professional resume,
and documentation and visual evidence as the Artist finds appropriate.
9. Maintenance. The Artist has provided the Parties with a written
technical description and maintenance report specifying maintenance
recommended for preservation of the Artwork, as shown on Exhibit 3, which is
attached hereto. This report includes any recommended cleaning procedures,
materials to avoid, paint formulas and/or other conservation practices. The Artist
will assist the City in establishing an effective program of maintenance of the
Artwork without additional cost to the City for a period of twelve (12) months
following official acceptance of the Artwork by the City. The A & P, or any
subsequent Manager of the Town Center, shall be responsible for any maintenance
after the first year
The City shall have the right to authorize maintenance and conservation
procedures to be performed on the Artwork, however, the City agrees to make
reasonable attempts to seek the advice of the Artist before authorizing any
procedures not specified in the Artist's maintenance report. The City agrees further
to use only qualified conservators and art handlers in performing any conservation
work.
10. Official Acceptance. The Parties shall have ten (10) working days
after they receive written notice that installation is complete and the
documentation submitted pursuant to paragraphs 8 and 9 in which to review and
inspect the Artwork and the documentation. The Parties shall then either accept
the Artwork and notify the Artist in writing of its acceptance, or it shall submit to
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the Artist a written list or report of any deficiencies in either the Artwork or the
documentation. This list or report shall allow the Artist a reasonable time for
correcting any deficiencies. When all deficiencies so listed or reported are
corrected, the Parties shall have ten (10) working days after they receive the
corrections to the Artwork and the documentation in which to review and inspect
the Artwork and the documentation. The Parties shall then either accept the
Artwork and notify the Artist in writing of their acceptance or submit to the Artist
a written List or report of any deficiencies and give the Artist further reasonable
opportunity to correct these. In the event that the Parties do not provide either a
written acceptance or a written list of deficiencies within ten (10) working days,
the Parties' silence shall be construed as official acceptance.
11. Title and Copyright. The City shall own the physical Artwork. The
Artist and Donors shall have joint copyright protection and shall retain all rights
protected by the copyright in the Artwork. The Donors shall have the right to
written notice of any plan to recreate the Artwork in any other location or in any
form whatsoever, which is a duplication of or perceived to be a duplication of the
original Artwork. The Donors shall have the right to approve or disapprove of
said location or form The City may, as a non-exclusive license, which is part of
this Agreement, make two dimensional graphic or photographic reproductions of
the Artwork, provided that these reproductions properly attribute the Artwork to
the Artist and carry the following notice with respect to the Artwork "0 2002 by
Hank Kaminsky.'
12. Attribution The Artist agrees to be responsible for the placement of a
sign describing and identifying the Artwork, the Artist, and the Donors in
accordance with practices for the identification of artworks in public settings.
Specifically, the sign shall be constructed of bronze of a permanent nature and
shall be placed near the Artwork where said sign may be easily seen by the
viewers of the Artwork The design of the sign and the wording shall be reviewed
by the Parties, with final approval by the Donors.
13. Deaccession Right. The City may remove the Artwork from the Site,
if the City determines that the Artwork represents a safety hazard in its present
condition or cannot reasonably be restored to its original aesthetic integrity due to
damage, normal wear and tear, technical difficulties, or expense disproportionate
to the value oI'the work. The City has no responsibility to restore or replace the
Artwork if it is damaged. However, the City may not continue to exhibit the
Artwork in a damaged state without the written consent of the Artist and Donors.
If the City decides to remove the artwork, or if maintenance or repairs beyond
those outlined in the documents produced in accordance with section 9 are
determined to be necessary, the City shall notify the Artist and Donors of the
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intended removal and/or need for extraordinary maintenance or repair no fewer
than ninety (90) working days before the removal or repair is undertaken. Such
notice shall be in writing and sent by registered mail to the Artist and Donors at
the most recent address of the Artist and Donors that was recorded with the
Register of Copyrights or, if such address has not been recorded with the Register
of Copyrights, the notice shall be sent to the address furnished by Artist and
Donors as required by paragraph 26. At any time within ninety (90) days after
receiving notice of intended removal, the Artist shall have the right to remove the
Artwork or pay for its removal. At any time within ninety (90) days after
receiving notice of intended repair, the Artist shall have the right to first refusal
with respect to any required repairs to the Artwork. If, however, the Artist does
not respond within the ninety -day period or notifies the City in writing that he
waives his rights under this section, the City may proceed with removal or repair
of the Artwork
14. Site Protection. The City and the A & P, or any subsequent Manager
of the Town Center, shall guarantee the physical and aesthetic integrity of the
installation site to remain essentially in the same condition as exists at the time the
Artwork is placed. The City and the A & P, or any subsequent Manager of the
Town Center, shall not significantly alter landscaping or other architectural
elements of the installation site so as to obstruct or deter the view of the Artwork.
Should the City and/or the A & P, or any subsequent Manager of the Town Center,
deem it necessary to significantly alter the site, the Artwork may be relocated
pursuant to provisions outlined in paragraph 15.
15. Change in Location or Siting. The City shall have the right to change
the location of the Artwork when, in the opinion of the City such a change is
deemed necessary The City and/or the A & P, or any subsequent manager of the
Town Center, shall notify the other Parties of any such change and shall follow the
procedures outlined in section 13 in making such notification.
16. Termination for Cause. If either Artist or Donors shall violate any
material term of this Agreement, the other party shall have the right to terminate
this Agreement by giving written notice to the breaching party of the breach. The
breaching party shall have ten (10) working days in which to cure the identified
breach. If the breach is not cured, the notifying party may terminate the contract.
17 Termination for Convenience of the Parties. In the event of a
substantial change of circumstances the Donors and the Artist may terminate this
contract by giving written notice to the other Party of such termination and
specifying the effective date thereof. In such event, the Artist will be paid an
amount equal to payments due for steps of this contract completed on or before the
effective termination date, plus any costs incurred by the Artist in performance of
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any uncompleted step of this contract or in the alternative the Donors shall be
reimbursed for any expenses advanced but not incurred.
18. Amount of Compensation The Donors agree to donate up to a total
amount of $250,543.00. The donations to Downtown / Dickson Enhancement,
Inc., which is an Arkansas Non-Profit 501 (c) (3) Corporation (the Project
Manager), shall be at the time that payments are scheduled as set forth in below.
The expenses included shall be as set forth in the attached Budget, as shown in
Exhibit 4, which is attached hereto. The Project Manager shall set up a separate
account at the Bank of Fayetteville from which to reimburse and pay the Artist.
The account shall be set up to require the signature of either the Project Manager
or President of DDEP and the signature of the Treasurer of DDEP The Artist
shall retain Invoices for expenditures related to the Artwork and shall provide a
copy of said Invoices to the Project Manager. The Project Manager shall provide a
copy of said Invoices to the Donors prior to the next scheduled donation. The
Artist agrees to provide the Project Manager with the Artist's correct social
security number upon the execution of this Agreement. The Artist further agrees
that failure to provide the Project Manager with a correct social security number
authorizes the Project Manager to withhold 20% of any amount due and payable
under this Agreement pursuant to the provisions of the Internal Revenue Code,
Title 26, United States Code.
19. Schedule and Method of Payments. The compensation specified in
paragraph 18 shall be paid in four steps in amounts and at times as follows:
(a) The amount of $110,000.00 shall be funded by the Donors to DDEP
upon execution of this Agreement. The amount of $60,000.00 shall be paid by
DDEP to the Artist and of that amount, $25,000 00 shall be for the initial payment
on the Artist Fee and $35,000.00 shall be for the development of the design and
pattern production. The amount of $50,000.00 shall be the approximate amount
needed for the site preparation and installation fee and shall be held in the separate
DDEP bank account until said funds are needed for those expenses. DDEP shall
disperse funds from that $50,000.00 as Artist provides Invoices under the phases
outlined in (a), (b), (c), or (d);
(b) Upon completion of the first phase of the contract, the Artist shall
provide the Project Manager with documentation of the expenditure of the first
$35,000.00, as budgeted and of any of the $50,000.00 being held by DDEP Upon
proper documentation of the expenditure of those funds and upon the Donors
acceptance of the clay master pattern of the Artwork, the Donors shall fund
$60,000.00 to DDEP; and of that amount, DDEP shall pay the Artist $25,000.00
for the second payment on the Artist Fee and $35,000 00 for use during the
production phase which will involve the casting of the sculpture in bronze;
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(c) Upon completion of the second phase of the contract, the Artist shall
provide the Project Manager with documentation of the expenditure of the
previous $35,000.00, as budgeted and of any of the $50,000.00 being held by
DDEP. Upon proper documentation of those expenditures, and completion of the
casting of the Artwork in bronze at the Artist's studio and the Donors acceptance
of the casting of the Artwork, the Donors shall donate up to $30,000.00 to DDEP,
which DDEP shall pay the Artist to be used for the completion of the Artwork,
said funds shall be used as shown on the Budget, but shall not be used as part of
the Artist Fee;
(d) Artist shall provide the Project Manager with documentation of the
expenditure of the $30,000.00 as budgeted and of any of the $50,000.00 being
held by DDEP. Upon proper documentation of those expenditures and upon
completion of installation and Donors acceptance of the Artwork, the Donors shall
fund up to $50,543 00 to DDEP. DDEP shall use said funds for the final payment
of the Artist Fee in the amount of $30,000.00 (less any excess expenditures of the
$250,543.00 budgeted which shall be deducted from the Artist Fee) and any
amounts still owed under the Budget, if any, up to the amount of $20,543.00. It is
the intent of this Agreement that any savings in the Budget as outlined in Exhibit
4, shall be returned to the Donors. If there are certain items necessary for the total
completion of the Artwork and those items have been individually submitted and
approved by the Donors, it is within the Donors' discretion to give prior approval
to utilize part of the $20,453.00 Contingency Fund that is being held pending the
completion and acceptance of the Artwork.
The Artist shall keep the premises and materials free of all liens and claims,
and agrees that final payment shall not become due and payable until the Artist
shall deliver to the Project Manager satisfactory releases, satisfactions or waivers
of all claims and liens connected with this Agreement. Final payment to Artist
shall not relieve Artist of his obligation to discharge any lien filed previously to,
or subsequent to, payment for services hereunder and Artist hereby expressly
acknowledges this duty and obligation.
20. Insurance and Bond. The Artist shall obtain and maintain insurance
satisfactory to the Parties covering all risks of liability, all insurance required by
law, Toss of funds due to the non-completion of the Artwork, damage to or theft of
the Artwork until the Artwork is installed and working. Artist shall defend and
fully indemnify the Donors against all liability, loss and expense, injury to or
death of any person, loss of or damage to property or natural resources caused in
whole or in part by (1) any act or omission (negligent or not) on the part of the
Artist, his employees, or any other party commissioned by the Artist in connection
with the performance of this Agreement or the Work, or (2) arising out of any
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alleged patent, copyright or trademark infringement by the Artist with respect to
the Artwork covered by this Agreement. Such obligations shall survive
acceptance of the Artwork and payment therefor. Artist's indemnification
includes without limitation reasonable attorney's fees and any associated costs.
Upon request by Donors, if reasonably available, Artist shall furnish a Bond,
which shall compensate the Donors if the Artwork is not completed or does not
function as agreed. If Artist is unable to furnish the Bond, Artist shall obtain and
maintain Life Insurance payable to the Donors in the amount of $250,543.00
during the time of the creation, construction and installation of the Artwork.
21. Project Manager. Bootsie Ackerman, Project Director for DDEP,
shall be designated as the Agent for the Project Manager for this project. The
Agent is authorized by the Parties to this contract to perform all the actions
required under this Agreement. The Artist and Donors may change the Project
Manager upon written notice to and approval of the Artist and Donors.
22. Warranty. The Artist represents and warrants that the Artwork is the
original product of the Artist's own creative efforts. Artist guarantees full,
complete, and maximum warranties of title, fitness for purpose, design,
workmanship, materials, compliance with the agreed upon specifications; and that
all Work will be performed and completed expeditiously and in a good and
workmanlike mariner. Without limitations, Artist shall replace or repair, without
cost to the Parties, any defective item or workmanship if claim is made within one
(1) year from date of installation of material or completion of Work Any
reasonable expense incurred by the Parties to repair and remedy any defects in
workmanship or in the items supplied hereunder shall be promptly paid by the
Artist.
23. Disclaimer of Warranties. The Artist makes no other warranty, actual
or implied, with respect to the Artwork and specifically disclaims all actual and
implied warranties save those described in section 22, above.
24. Excuse for Performance. The Artist and the other Parties shall be
excused for any delay or incompletion of their respective obligations hereunder to
the extent such delay is caused by circumstances beyond their reasonable control
or due to circumstances that arose without that party's fault or negligence,
including but not limited to fire, theft, strikes, shortages of materials, weather, acts
of God, or actions of any governmental entity. The Artist and the other Parties
shall be excused for any delay or incompletion of their respective obligations
hereunder to the extent such delay is caused by the other party's action or failure
to act.
25. Assignability. The Artist may assign, employ, or contract with other
persons to assist in the actual production and/or installation of the Artwork,
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provided that these persons are supervised by the Artist, and provided that the
creative and design work required under this Agreement are performed by the
Artist.
26. Addresses of the Parties. The Parties agree to provide each other with
an address or any change of address to which the other party may send any notice
required under the terms of this Agreement. Such address is set forth at the
beginning of this Agreement The parties further agree that any failure by a party
to comply with this requirement is a waiver by that party of any such notice
Unless otherwise specified in this Agreement, any notice required hereunder shall
be deemed provided when mailed registered or certified to the most recent address
provided by a party to this contract.
27. Entire Agreement. The parties agree that this Agreement is the entire
agreement between them concerning the subject matter hereof and supersedes any
and all prior agreements relating thereto. Except as this Agreement provides
otherwise, no provision of this Agreement may be modified or amended except in
writing signed by the parties.
28. Compliance with Applicable Law. The Artist agrees to comply with
all applicable local laws and regulations
29. Severability If any provision of this Agreement shall be found by a
court of competent jurisdiction to be illegal, in conflict with any law of the State of
Arkansas or otherwise unenforceable, the validity and enforceability of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if this Agreement did not contain the
particular provision found to be illegal, invalid or otherwise unenforceable.
30. Further Assurances. Each signatory hereto represents that he/she is
authorized to make and enter into this Agreement, and that all applicable laws and
regulations with respect to the entry of this contract have been fully complied
with The parties further agree to do all acts and things and to make, execute and
deliver such written instruments as shall from time to time be reasonably required
to carry out the terms and provisions of this Agreement.
31. Applicable Law. This Agreement, regardless of where executed or
performed, shall be governed by and construed in accordance with the laws of the
State of Arkansas and Venue shall be in Washington County, Arkansas.
32. Attachments. Any addition, specifications, drawings or exhibits
attached hereto, or referred to herein, are made a part of this Agreement.
33 Time. Time shall be of the essence hereof.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written.
E. G. AND KARLEE BRADBERRY,
HANK KAMINSKY
ARTIST
CITY OF FAYETTEVILLE, ARKANSAS FAYETTEVILLE A & COMMISSION
Dan Coody, Mayor
ATTEST:
By. A /.qrw E�
�
ather Woodruff, City Clerk
By
Jo
DOWNTOWN / DICKSON ENHANCEMENT PROJECT, INC.
DONATION RECEIPENT AND PROJECT MANAGER
Jim Foster, resident
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13:28 FAX 512 392 2158 •
Fountain People'"
FOUNTAIN PEOPLE DESIGN @1002
X41;/o/t 3
START-UP
• Fill fountain basins with water.
• Verify that all valves are completely
open except for the Display
Adjustment Valves. If not previously
adjusted, these valves should be initially
set at 50% open.
• Start filter pump to verify that it is
pumping water by checking the filter
pressure gauge. Filter pressure should
Increase by at least 5 PSI when pump is
started.
• Start main pump and verify that it is
pumping water by checking the
Discharge Pressure Gauge. Pressure
should increase by at least 5 PSI when
pump is started.
• Set the time dock programming for the
appropriate operating times.
• Observe fountain operation for at least
ten minutes to verify proper operation.
• Before leaving fountain verify that any
sump pumps, if so equipped, are
operational and that all selector
switches are In their "AUTO" positions.
SHUT -DOWN
• Turn all pump and righting circuit
breakers OFF. Do not turn off any
circuit breaker that powers a protective
device such as a sump pump or vent
fan.
• Before leaving fountain, verify that sump
pump, if so equipped, Is operational.
• If fountain is to be out of service for an
extended period of time It Is
recommended that the fountain basins
be drained, noales removed, and that
all open pipes be plugged or otherwise
sealed to prevent debris from getting
Into the piping system. In addition,
verify that no chemicals have been left
In skimmers or chemical feeders.
WINTERIZATION
• Drain all fountain basins completely and
store drain plugs and standpipes in a
safe location.
• Drain all equipment and piping within.
the equipment room.
• Turn off ventilation system for
equipment room unless system is
thermostat protected. (Do not turn
power off to sump pumps, if so
equipped.)
• If direct -burial type filters are utilized or
all water cannot be removed from all
piping between the pool and the
equipment room, a wet -dry vacuum
should be used to extract water from the
filters and/or piping. To remove water
from buried sand filters, remove multi -
port backwash valve and extract water
using the center pipe in the filter_
install plumbers' plugs to seal all open
piping connections in fountain pool
floors.
WARNING! Do not add automotive
anti -freeze to fountain as it is
poisonous.
The Fountain People, Inc. 4 Copyright 2000
/01 13:29 FAX 512 392 2158 • FOUNTAIN PEOPLE DESIGN IJ003
Fountain Peopiey"'
GENERAL MAINTENANCE
Each fountain has its own characteristics
and features that will determine its general
maintenance requirements. Many variables
can effect the maintenance requirement
including the operating time, season,
surrounding plants, people traffic, quality of
the water supply, etc. You will need to
determine the maintenance procedures, and
the required maintenance schedules, based
upon experience. Following are some
general guidelines to get you started.
DECORATIVE FOUNTAINS
Daily
• Clean all the trash and debris from the
fountain basins.
• Check vault sump pump. The sump
pump is not a continuous duty pump.
Pumping too much will wear it out faster.
• Check any skimmer baskets for debris.
• Test water for chemical balance with a
DPD test kit
• Check the water level in the reservoir(s).
Weekly
• Clean all the strainers and backwash
the sand fitter.
• Inspect and clean all pump suction
strainers and filters.
Monthly
• Test all GFCI breakers
Yearly
• Lubricate pump bearings, as required.
• Inspect all equipment for wear and loose
bolts.
• Drain the water from the system and
refill with fresh water. When this is
done, the water quality levels will have
to be manually balanced
VE FOUNTAINS WITH A
RESERVOIR
Hourly
• Test water fsz, chemical balance and
record readin from both automatic
controls and ma al DPD test kit
• Check the water l&btln the reservoir.
• CI an all the trash and debris from the
fou ain basin/reservoir.
• Che vault sump pump. The sump
pump not a continuous duty pump.
Pumping too much will wear It out faster.
• Check ahy skimmer baskets for debris.
• Exchange he cartridge filter element for
one that he been cleaned or backwash
sand filter.
• Check chemi I container levels and fill.
Monthly
• Test all GFCI br akers
Yearly
• Lubricate pump be ings, as required.
• Inspect all equipmen for wear and loose
bolts.
As Required
• Drain the water from the stem and
refill with fresh water. Whe this Is
• done, the water quality level ust be
manually balanced. Then the utomatic
water treatment system will.take ver.
Emergency Maintenance
In the event that an unusual or excessive
contaminant is Introduced into the reservoir
or basin water, It will be necessary to
lmmedlately.replace the water and flush all
water feature components and the
surrounding deck areas.
1. Drain all water from the reservoir or
basin.
2. Remove the cartridge filter element and
re -assemble the fitter housing or isolate
sand filter.
3. Refill the water reservoir and add a
'shocktreatment of chlorine.
4. Backwash sand filter, if so equipped.
5. Re -circulate the water through the
filtration pump and effects pump for 10
minutes.
6. Drain the reservoir.
7. Replace the cartridge filter element, if so
equipped.
8. Re -fill reservoir and begin the normal
start-up procedure.
The Fountain People, Inc. 5 Copyright2000
!ii
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06/08/01 13:29 FAX 512 392 2158 •
Fountain People'
WATER TREATMENT IN DECORATIVE
FO
Decorative fountain systems are similar to
swimming pools in regard to their water
maintenance requirements. However, since
people do not normally swim in fountains,
the required standards for water treatment
are not as rigid as those for swimming pools
or interactive fountains. Generally, fountain
water maintenance will be limited to
maintaining a pH balance and providing
some means for controlling algae and
bacteria.
pH Control ti bye accomplish either
installingSn electronic pftmsurIng ant
qpntfThiing device i njunction wiJhf
chemical fee mp, or by uspI simple
DPD to and adja
nually. DPD
tes are availablur local
mming pool su e.
♦� Acceptable pH range: 7.2-7.8
Optimal pH range: 7.4-7.6
4) Al ae 8 Bacteria Con can best be
L accomplished using a device that
continuously sanitizes the water. These
include chlorinatom. brominators, ozone
genera ors, and silver/copper ion systems.
l` On smaller fountains or when there is no
safe location for a chemical feed system,
chemicals and algaecides can be added
vW manually. Whether using erosion type
(0
feeders or treating manually, regular testing
of fountain water is required using A DPD
test kit for pH levels and chemical
concentrations. These tests should be
performed after chemicals have been added
and circulated for one hour.
TER TREATMENT IN INTERACTIVE
WA*R FEATURES
lnteracllvq water features require a much
greater de a of attention to water quality
because of hu n contact. Because the
water within a res'bcoir may have a
relatively low volum�4 may be potentially
subject to sudden coM�,jnalion. See
Emergency Malntenan g.5).
The Fountain People, Inc.
FOUNTAIN PEOPLE DESIGN &Y" @1004
IY'ICJ°
EQUIPMENT
Chlorine & n be either
a simple erosion canister, through which
filtered water passes in route to the
fountain, or a sophisticated electronically
controlled system interfaced with chemical
feed pumps. Care should be taken to not
locate any type of chemical feed system or
chemical container in a confined equipment
space, and never place a chemical feeder In
a location that is poorly ventilated. It should
not share a confined space with electronic
controls due to the potential for their
corrosion. An erosion type canister
should never be used for both chlorine
and bromine. Mixing of these two
chemicals can result in an explosive
reaction.
Ozone Generators produce ozone gas and
then 'nject the ozone into the fitter discharge
line. �zone, like chlorine and bromine, is
an oxi ' r and kills bacteria and algae
upon cohitwt Care should be taken to only •
use a seaId type ozone generator that
utilizes an a compressor to inject the
ozone. Thesk units are the most efficient
and may relea a less ozone to the air.
Unlike chlorine a bromine, ozone exists
only for a short tie after being generated.
Instead of sanitizin'y the main body of water
in the pool, ozone s nitizes the water in the
filter discharge line a it circulates.
Because of this it is irffiortant to note that
the use of ozone will no completely
eliminate the use of cherhicals and that
some chlorine or bromine ill have to be
added to maintain a minimU�i level or to
"shock" resistant algae. Ozo a does not
effect the water pH balance a can reduce
the amount of chemical sanitize needed,
thereby reducing costs for buyln those
chemicals. Care should be taken t� not
locate an ozone system in a ccnflndq
equipment space that is poorly ventil led. it
should not share a confined space wit
electronic controls due to the potential lbr
their corrosion.
Copyright 2000
•
BUDGET
Exhibit 4
Peace Prayer Fountain Budget
Studio Expenses
Studio Relocation and improvement
Lease new space $14,400
Building Modifications
Walls, Lighting. Wiring, plumbing, healing $6,500
Utilities $6,000
Insurance $7,464
Total studio expenses 534,364
Materials
To build clay original
Clay
$1,200
Plaster
53,000
Armature
$3,720
Otter
$2,000
To cast in bronze
Bronze
55,600
Pattern Materials
$4,000
Bearings
S1,500
Welding supplies
$600
Other supplies
$1,000
Installation
Pump system, plumbing
$15,000
Crane rental. hauling, fining
$10,000
Structural changes to building (including work already done)
525,000
Total materials
$72,620
Staff expenses
**
Chief assistant 530,000
Interns and apprentices $ 15,000
Total staff expenses $45,000
Artists fee 580,000
Contingency fund (8%) 518,859
Total for project $250,543
** Any variance from the Proposed Budget by more than Twenty percent (20%) shall have to
have prior approval by the Project Manager. It is the intent of this Agreement that the maximum
donation shall be $250,543.00. Any savings under the Budget shall be returned to the Donor. Any
expenses over the $250,543.00 shall be taken from the Artist Fee. Twenty five thousand dollars
($25,000.00) of the Artist's Fee shall be paid at the execution of this Agreement; Twenty five
thousand dollars ($25,000.00) of the Artist's Fee shall be paid at the completion of phase one; as
set out in Paragraph 19 of the Agreement; and the final Thirty thousand dollars ($30,000.00)
(minus any expenses over the $250,543.00 budgeted) of the Artist's Fee shall be paid upon
completion of installation and approval of the Artwork by the Parties.
015 04
Document
Reference Date
RES 6/19/2001
CityFayetteville
aintenance/Inquiry
Item Action
Ref. Taken Brief Description
92 TOWN CENTER/FOUNTAIN/BRADBERRY
Keywords.........
. . . . . .
File Reference #......:
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
RES. 92-01
TOWN CENTER
CONVENTION CENTER
BRADBERRY ED AND KARLEE
FOUNTAIN
KAMINSKY
PLAZA
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4/15/2004
14:11:33
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(c) 1986-1992 Munimetrix Systems Corp.
FAYETTEVItLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Minor Wallace, Project Manager
From: Heather Woodruff, City Clerk
Date: June 21, 2001
Attached is a copy of the resolution expressing the City's intent to accept a gift from Ed and
Karlee Bradberry for the Town Center Plaza. The original will be microfilmed and filed with the
City Clerk.
cc: Nancy Smith, Internal Audit
Marilyn Johnson, Chamber of Commerce