HomeMy WebLinkAbout152-14 RESOLUTIONRESOLUTION NO. 152-14
A RESOLUTION TO AUTHORIZE A CONTRACT WITH JOHN STALLING
STUDIO IN THE AMOUNT OF $9,400.00 FOR AN ART SCULPTURE TO BE
INSTALLED AT THE MARION ORTON RECYCLING DROP OFF CENTER,
AND TO APPROVE A BUDGET ADJUSTMENT
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 hereby authorizes
the Mayor to sign a contract with John Stalling Studio in the amount of $9,400.00 for an art
sculpture to be installed at the Marion Orton Recycling Drop off Center.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 19th day of August, 2014.
APPROVED:
NEL' I AN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Tream'71111
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year
2014
Division: Recycling & Trash Collection
Dept.: Transportation Services
Requestor: Brian Pugh
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize $800 from donation received into miscellaneous revenue account in 2013, moved to Use of Fund Balance at
the end of 2013, to be used in Art Sculpture project.
RESOLUTION/ORDINANCE
COUNCIL DATE: 8/19/2014
LEGISTAR FILE ID#: 2014-0343
KoviwSpriAger
7/30/2014 5:08 PM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
/
TOTAL
800 800
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub AT Account Name
v.20140716
5500.5060.5342.00 800 EX Promotional Activities
5500.0950.4999.99 800 RE Use of Fund Balance
C:\Users\bpugh\AppData\Roaming\L5\Temp\82ed6f3c-d973-451 b-a037-55bb0d4730f7
1 of 1
City of Fayetteville Staff Review Form
2014-0343
Legistar File ID
August 19th, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Brian Pugh
Submitted By
7/31/2014
Submitted Date
Recycling & Trash Collection /
Transportation Services Department
Action Recommendation:
Division / Department
Approval of a contract with John Stalling Studio in the amount of $9,400.00 for an Art Sculpture at the Marion
Orton Recycling Drop Off Center and to approve a Budget Adjustment.
Budget Impact:
5500.5060.5342.00
Account Number
n/a
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Previous Ordinance or Resolution #
Original Contract Number:
Com its: Art Sculpture project at Marion Orton Recycling Drop Off Cent
Recycling and Trash
Fund
n/a
Project Title
Current Budget $ 145,000.00
Funds Obligated $ 58,217.09
Current Balance $
Item Cost $
Budget Adjustment $
Remaining Budget
86,782.91
9,400.00
800.00
$ 78,182.91
Approval Date:
V20140710
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CITY OF
aThryNillc
MEETING OF AUGUST 19TH, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Terry Gulley, Transportation Services Director
Jeff Coles, Recycling and Trash Director
FROM: Brian Pugh, Waste Reduction Coordinator
DATE: July 31st, 2014
SUBJECT: Approve of a contract with John Stalling Studio in the amount of $9,400.00
for an Art Sculpture at the Marion Orton Recycling Drop Off Center and to approve a
Budget Adjustment.
RECOMMENDATION:
Approve of a contract with John Stalling Studio in the amount of $9,400.00 for an Art Sculpture
at the Marion Orton Recycling Drop Off Center and to approve a Budget Adjustment.
BACKGROUND:
The Recycling and Trash Collection Division is sponsoring a public art project for the Marion
Orton Recycling Drop Off Center located at 735 W. North Street. The art project is for a
sculpture to be placed along the Skull Creek Trail on the south side of the Marion Orton center.
DISCUSSION:
A Request for Proposal was released to the Art communities in the state and surrounding states
on May 1st 2014 and a selection committee was developed from City staff, one alderman and a
representative from the Fayetteville Arts Council. The selection committee convened on June
11th and reviewed 9 selections. The selection committee choose John Stalling, a local artist
from Eureka Springs. In his description of work he describes the sculpture as emphasizing how
recycling and nature are interconnected using symbols as a metaphor. A tree made from a
concrete base with rebar as vines around the bottom trunk and overlapping aluminum cans to
give a bark effect transitions into a large three branched tree which becomes the cradle for a
large 8 foot recycling symbol. The branches will have aluminum cans cut in the shape of leaves
and attached to the branches with a type of pin and hole technique that allows each leaf to
quiver and reflect light in the breeze.
The Fayetteville Arts Council unanimously approved the project at their last meeting on July
16th. Included in this project is a donation in the amount of $800 that was received from a 2013
Earth Day fundraiser by McNair Middle School. The revenue was receipted into a
miscellaneous revenue account in 2013 and moved into a Use of Fund Balance account at the
end of 2013. The $800 is now being requested in order to fulfil the obligation from the City to
use the $800 as part of this project.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
BUDGET/STAFF IMPACT:
This project was budgeted in 5500.5060.5342.00 and will also include $800 from the Use of
Fund Balance and recognized in a budget adjustment. The total cost of the project is $9,400.
Attachments:
Budget Adjustment
Purchase Order
Contract
Proposal
2
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE A CONTRACT WITH JOHN STALLING
STUDIO IN THE AMOUNT OF $9,400.00 FOR AN ART SCULPTURE TO BE
INSTALLED AT THE MARION ORTON RECYCLING DROP OFF CENTER,
AND TO APPROVE A BUDGET ADJUSTMENT
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 hereby authorizes
the Mayor to sign a contract with John Stalling Studio in the amount of $9,400.00 for an art
sculpture to be installed at the Marion Orton Recycling Drop off Center.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 19th day of August, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Revised 611842014
Contract for Commission of Public Art
THIS AGREEMENT, dated as of July2lst, 2014 is made by and between the City of
Fayetteville, an Arkansas municipal corporation (the "City"), and John Stalling (the
"Artist").
WHEREAS, the City has allocated funds for the acquisition of artwork (the "Work") to be
installed at the Marion Orton Recycling Center, 735 W. North Street, Fayetteville, Arkansas; and
WHEREAS, a request for proposal was issued by the City on May 1st, 2014 and the City
selected the proposal submitted by John Stalling
NOW THEREFORE, the parties mutually agree as follows:
1. Description of the Artwork - Submitted by John Stalling
The idea behind this proposal is to emphasize how recycling and nature are interconnected
using symbols as metaphor. When a bridge is demolished, the pieces of concrete with twisted
rebar are removed and disposed of. This gave me the idea of using a fragment of broken concrete
as the foundation for the roots of a tree to spring from.
Being an artist blacksmith in Eureka Springs, I would start forging the rebar to transition
into roots that move up into the tree as roots and vine. The trunk of the tree would be barked with
flattened, overlapping aluminum cans introducing color and producing an interesting bark effect.
I see the trunk of the tree extending up 10 feet where it divides into three branches. The three
branches become the cradle for the recycling symbol The limbs continue to extend out and
beyond the symbolic recycling structure, which is basically an 8 foot equilateral triangle, another
3 to 4 feet making the overall width of the canopy 14 to 15 feet width and 2 foot depth.
The tapering branches made from forged stainless steel will have a combination of
stainless steel leaves, and road reflectors disks and will be supported with a type of pin and hole
technique, allowing each reflector and leaf to quiver in the breeze and reflect light.
The overall effect of the sculpture can be easily understood as a metaphor for the
connection between recycling and nature. Kinetic sculpture has a compelling aesthetic presence
about it and can support the visual experience; however I believe this sculpture could be very
effective as a stationary work.
My occupation of metal smith supports this project in a targeted way, as you may see by
the some of the pictures of work I have sent. My living close by in Eureka Springs is also huge
plus geographically for all concerned. I would to like to sincerely thank the juror's for their
consideration.
2. Permanent Location. Marion Orton Recycling Center, 735 W. North Street, Fayetteville,
Arkansas.
3. Changes in Design. The Artist shall create the Work in accordance with the proposed and
approved design. Recognizing that the change in scale from model/maquette to full scale
Page 1 of 6
may require adjustments, the Artist has the right to make minor changes in the Work that
are structurally and aesthetically necessary. Any change in scope, design, or material that
significantly alters the original and approved concept and design of the Work or affects
installation, scheduling, site preparation, location or maintenance for the Work shall
require the prior review and written approval of the City. Approval of the design shall be
in writing addressed to Artist.
4. Site Preparations. The City shall provide a concrete pad on the site. The Artist shall be
responsible for the delivery and transportation of the Work to the site, and for all
expenses, labor and equipment to prepare the Site for the timely installation of the Work.
Artist shall be responsible for ensuring that the site is sufficient to support the Work prior
to installation. Once installation has begun, the site shall be deemed approved by the
Artist.
5. Price. As payment for the services of the Artist and for the completed Work, the City will
pay the Artist a total of $9,400 which shall constitute full compensation from the City to
the Artist for all costs incurred in the design and creation of the Work, including, but not
limited to fees, materials, labor of the Artist and the Artist's assistants and contractors,
studio and operating costs applicable to this project, travel costs for the Artist to visit and
research the Site, transportation of the Work to the Site, and any costs incurred by the
Artist for installation of the Work at the Site.
6. Installation and Time Schedule. The Artist will coordinate all Site preparation,
installation plans, and timetables with the City. The Artist shall deliver and complete
installation of the Work no later than November 10 2014 (the "Completion Date"). All
arrangements for, and costs of insurance and transportation of the Work to the Site are the
responsibility of the Artist.
In the event that, through the fault of the Artist (as determined by the City), the Work is
not completed and installed by the Completion Date, the amount of 10% of the balance
due shall be deducted every fourteen calendar days until the installation is completed. The
Artist may request an extension of the Completion Date from the City. Requests for
extensions must be in writing and be submitted within 10 days of Artist's knowledge of a
delay, but no later than fourteen calendar days prior to the Completion Date. If the
extension is granted, a new Completion Date shall be agreed upon in writing and such
change shall not affect any other provisions of this Agreement. In recognition of the
significant engineering and infrastructure components involved in the Work, requests for
extensions of time shall not be unreasonably refused.
7. Official Acceptance. Payment to the Artist may not occur until the City has accepted the
Work. Such acceptance by the City may occur only after the Artist has complied with all
of Artist's obligations hereunder. The City will examine the final installed Work and take
official ownership by sending a letter of acceptance of the Work to the Artist.
8. Inspection and Review. The City reserves the right to inspect and review the Work upon
Page 2 of 6
reasonable notice at any time while materials for the Work are on the Artist's premises or
in transit.
9. Artist as Independent Contractor. The Artist agrees to perform all work and services
under this Agreement as an independent contractor and not as an agent or employee of
the City. Any and all employees of the Artist engaged in the performance of any work or
services required by the Artist under this Agreement shall be considered employees of the
Artist only. The Artist shall furnish all supervision, labor, supplies, materials, insurance,
and other incidentals needed to complete this Agreement.
10. Public Notice. The City shall prepare and install at the site a plaque identifying the Artist
and title of the work.
11. Warranties. The Artist warrants that the Work is the original product of the Artist's own
creative efforts. The Artist also warrants that the Work is unique and that the Work or a
duplicate thereof has not been accepted for sale elsewhere, unless, as stipulated to the City
at the time this Agreement is signed, the Work is known by the City as one of a limited
edition.
The Artist warrants that the execution and fabrication of the Work will be performed in a
professional manner and that the Work, as fabricated and installed, will be free of defects
in material and workmanship, including any defects consisting of "inherent vice" or
qualities which cause or accelerate deterioration of the Work. The Artist shall guarantee
and maintain the Work from faults of material and workmanship for a period of one year
after the acceptance date.
The Artist warrants that reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance instructions submitted in the
proposal for the Work previously approved.
12. Assignment of Work. The Work and services required of the Artist under this Agreement
are personal and shall not be assigned, sublet, or transferred. This shall not prohibit the
Artist from employing or subcontracting qualified personnel who shall work directly
under the Artist's supervision.
13. Indemnity and Liability. The Artist does release and agree to save and hold harmless the
City, and its officers, officials, members, agents, and employees from any and all causes of
action, suits in law of equity, or demands or claims, or from any liability of any nature
arising out of the construction and creation of the Work and from any obligations made by
the Artist or the Artist's agents and/or employees. All risks for damages, theft, vandalism,
and Acts of God to the Work are the responsibility of the Artist during any and all
operations, including creation, transit and storage by the Artist, which take place on other
than the Site. In case of accident to or destruction or damage to the Work while the Work
is being created, transported or stored by or on behalf of the Artist, the Artist shall re -
fabricate the Work under the same terms and conditions as set forth in this agreement.
Page 3 of 6
The Artist shall be responsible for all damage, claims, and liability arising from, growing
out of damages caused by the Artist or the Artist's employees or claims that may occur as
a result of the Artist's breach of warranties provided in Section 11.
14. Compliance with Laws. The Artist shall observe and comply with all applicable statutes,
orders, ordinances and regulations of the City, the County of Washington, the State of
Arkansas, the federal government and any other governmental authority having
jurisdiction over the site or the Work.
15. Copyright. The Artist hereby transfers to the City every right available to the Artist in
common law, under the Federal Copyright Act, or other applicable state or federal law,
and all other rights in and to the work. The City shall have the right to photographically or
mechanically reproduce the Work for sale without written agreement of the artist. All
reproductions of the Work by the City shall contain a credit to the Artist. The City agrees
that Artist may use photographs of the Work for purposes of advertising and promotion or
inclusion in publications about Artist or Artist's works. The Artist agrees to give credit in
the following form: "Original owned by City of Fayetteville, Arkansas" in any public
showing of any reproductions or photographs of the Work.
16. Alteration of the Work. The City agrees that it will not intentionally alter, modify or
change the Work without the prior written approval of the Artist. If any changes,
alterations or modifications occur to the Work after it has been completed and installed,
including any change in the interrelationship or relative locations of parts of the Work,
the Work will no longer be represented as the Work of the Artist upon receipt of a written
request to that effect from the Artist.
Nothing in this section shall preclude any right of the City to: 1) remove the Work from
public display or 2) destroy the Work. If the City shall at any time decide to destroy the
Work, it shall, by notice to the Artist, offer the Artist a reasonable opportunity to reacquire
the Work at no cost to the Artist except for an 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 costs to the City of the proposed destruction.
17. Relocation. The Work shall be placed on the Site designated in Section 2 of this
Agreement. Should the Site prove to be unacceptable or unavailable to the City after the
signing of this Agreement, an alternative site may be chosen by the City.
18. Termination. In the event this Agreement is terminated by the City without fault on the
part of the Artist, the Artist shall be entitled to a final payment or settlement as set forth in
either of the following, at the option of the Artist:
A. The Artist shall be paid an amount equal to the percentage of the Work completed
at the time the Agreement is terminated as determined by mutual agreement
between the City and the Artist. The Artist shall deliver to the City the Work in
whatever form it exists at the time of termination which shall then become the
Page 4 of 6
property of City for use without restriction, except that it shall not be represented
to be the completed Work of the Artist; or
B. The Artist may refuse payment and retain the Work, together with any models,
plans, or drawings and all materials and supplies purchased for the Work, for the
Artist's own use without restrictions.
In the event this Agreement is terminated by City for fault on the part of the Artist, or
because of the disability of the Artist; or is terminated automatically because of the death
of the Artist; or in the event of any breach of its terms by the Artist, the City may select
and impose either of the options that would have been available to the Artist in this
Section. Exercise of either of these options by the City shall not prevent the City from
pursuing a remedy otherwise available to it in law or equity.
19. Modifications of this Agreement. No alterations, changes or modification of the terms of
this Agreement shall be valid unless made in writing and signed by all parties hereto.
20. Payment. Payment shall be issued to the Artist within thirty days after official
acceptance by the City. However, a completed IRS Form W-9 must be provided to the
City prior to any payment being issued.
21. No Waiver. No failure to exercise, and no delay in exercising, any right, power, or
remedy hereunder on the part of the City or Artist shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, power, or remedy preclude any other or
further exercise thereof or the exercise of any other right, power, or remedy. No express
waiver shall affect any event or default other than the event or default specified in such
waiver, and any such waiver, to be effective, must be in writing and shall be operative
only for the time and to the extent expressly provided by the City or Artist therein. A
waiver of any covenant, term, or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term, or condition.
22. Controlling Law. This Agreement shall be subject to, interpreted and enforced
according to the laws of the State of Arkansas.
23. Entire Agreement. This Agreement represents the entire agreement between City and
Artist.
Page 5 of 6
IN WI ,SS:HEREOF, the undersigned hereunto set hands and seals, this .._,12,44-c
day of i, , 2014.
ARTIST
APPROVED:
By:
%Aci\\I
(Art Name)
Date:
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4:• ti1:t•''r Carroll County
CITY OF FAYETTEVILLE
APPROVE
Lioncld J ern, Mayor
ATTEST:
By:
Page 6 of 6
Sondra E. Smith, City Clerk ti,•�'�'�`K
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• JOHN STALLIN
22 Forest Lane, Eureka Springs, Arkansas 72632 • Cell: 479-253-3353
jstallingstudios@sbcglobal.net
Proposal for Recycling Sculpture
The idea behind this proposal is to emphasize how recycling and nature are interconnected
using symbols as metaphor. When a bridge is demolished, the pieces of concrete with twisted
rebar are removed and disposed of. This gave me the idea of using a fragment of broken
concrete as the foundation for the roots of a tree to spring from.
Being an artist blacksmith in Eureka Springs, I would start forging the rebar to transition into
roots that move up into the tree as roots and vine. The trunk of the tree would be barked with
flattened, overlapping aluminum cans introducing color and producing an interesting bark
effect. I see the trunk of the tree extending up 10 feet where it divides into three branches.
The three branches become the cradle for the recycling symbol. At the point of the
separation of trunk and branches, a tapered shaft and bearing is installed which allows the
entire upper canopy with the recycling symbol structure, made from 12 inch round stainless
steel, to rotate freely in the breeze by adapting the forms to catch the wind movement. (I
have just installed a 22 foot kinetic sculpture in Eureka at the new restaurant Fresh on north
main and am interested in exploring further the possibility of movement in my sculpture.)
The limbs continue to extend out and beyond the symbolic recycling structure, which is
basically an 8 foot equilateral triangle, another 3 to 4 feet making the overall width of the
canopy 14 to 15 feet width and 2 foot depth.
The tapering branches made from forged stainless steel will have road reflectors disks and
aluminum can leaves that have been crushed vertically to produce leaf or berry forms and
will be supported with a type of pin and hole technique, allowing each reflector and leaf to
quiver in the breeze and reflect light.
The overall effect of the sculpture can be easily understood as a metaphor for the connection
between recycling and nature. Kinetic sculpture has a compelling aesthetic presence about it
and can support the visual experience; however I believe this sculpture could be very
effective as a stationary work.
My occupation of metal smith supports this project in a targeted way, as you may see by the
some of the pictures of work I have sent. My living close by in Eureka Springs is also huge
plus geographically for all concerned. I would to like to sincerely thank the juror's for their
consideration.
John Stalling
479-253-3353
Dimensions: 20' H x 14'' W x 4' diameter @ base
Bearing Assembly
Steel Center Support Column
Steel Trunk Surround
w/recycled aluminum can
covering`
IL
Cutaway footing
r
• JOHN STALLING •
22 Forest Lane, Eureka Springs, Arkansas 72632 ♦ Cell: 479-253-3353
jstallingstudios@ sbcglobaLnet
Materials list with labor cost excluding concrete
1. Welding, forging and assembly $4800.00
2. Stainless Stainless and all other metal material cost— $1900.00
3. Bearing and assembly costs
4. Coatings
5. Transportation and installation
6. Design
$ 900.00
$ 200.00
$ 600.00
$1000.00
Total $9400.00