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HomeMy WebLinkAbout119-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 119-17 File Number: 2017-0265 TSA LA GI TRAIL OF TEARS MURAL: A RESOLUTION TO APPROVE A CONTRACT FOR THE COMMISSION OF PUBLIC ART WITH STACY BATES IN THE AMOUNT OF $5,000.00 FOR A TRAIL OF TEARS MURAL ON THE TSA LA GI TRAIL, 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 approves a Contract for the Commission of Public Art with Stacy Bates in the amount of $5,000.00 for a Trail of Tears mural on the east -facing wall of a railroad tunnel located on the Tsa LaGi Trail. 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. PASSED and APPROVED on 6/6/2017 Attest: Sondra E. Smith, City Clerk Treasurer t : FAYETTEVILLE s , �. f'r'f Page 1 Printed on 617117 City of Fayetteville, Arkansas 113 West Mountain Street r� Fayetteville, AR 72701 5; y (479) 575-8323 rText File —r- File Number: 2017-0265 Agenda Date: 6/6/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 TSA LA GI TRAIL OF TEARS MURAL: A RESOLUTION TO APPROVE A CONTRACT FOR THE COMMISSION OF PUBLIC ART WITH STACY BATES IN THE AMOUNT OF $5,000.00 FOR A TRAIL OF TEARS MURAL ON THE TSA LA GI TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract for the Commission of Public Art with Stacy Bates in the amount of $5,000.00 for a Trail of Tears mural on the east -facing wall of a railroad tunnel located on the Tsa La Gi Trail. 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. City of Fayetteville, Arkansas Page 1 Printed on W12017 Dede Peters Submitted By I City of Fayetteville Staff Review Form 2017-0265 Effiff, OEM City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/12/2017 Communications & Marketing/ Communications & Marketing Department Submitted Date Division / Department Action Recommendation: Approve a contract in the amount of $5,000 with artist, Stacy Bates, to provide professional services for painting a Trail of Tears mural on east -facing wing wall of the railroad tunnel located on the Tsa La Gi Trail and to approve a Budget Adjustment. 1010.090.6600-5315.00 Account Number 31701.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Previous Ordinance or Resolution # Original Contract Number: Comments: Budget -impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost $ Budget Adjustment $ Remaining Budget Approval Date: 5,000.00 5,000.00 V20140710 CITY OF FAYETTEVILLE n4-75 ARKANSAS MEETING OF JUNE 6, 2017 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer Susan Norton, Communications Director Byron Humphry, Parks Maintenance Superintendent FROM: Dede Peters DATE: - April 20, 2017 SUBJECT: Trail of Tears Mural on the Tsa La Gi Trail STAFF MEMO RECOMMENDATION: Approve a contract in the amount of $5,000 with artist, Stacy Bates, to provide professional services for painting a Trail of Tears mural on east -facing wing wall of the railroad tunnel located on the Tsa La Gi Trail and to approve a Budget Adjustment. - BACKGROUND: Funding public art meets the purposes of both the Fayetteville Arts Council and the economic development strategic plan, Fayetteville First, approved by City Council in 2016. Fayetteville Arts Council — The purpose of the Arts Council shall be to promote and to encourage the appreciation and enhancement of the arts and culture resources of Fayetteville. The continued vitality of the arts in the City of Fayetteville is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Fayetteville and enrich the participants in the arts as well as those who observe them. Several organizations that exist in Fayetteville are active in the arts and provide leadership to the community on arts related matters. The creation of the Fayetteville Arts Council will assist those organizations and individuals. The Arts Council shall be advisory only and provide recommendations to City staff and the City Council. Fayetteville First — The nonprofit arts and culture sector is a significant "industry" in the Northwest Arkansas area, generating over $45 million in total economic activity.... The support and further enhancement of the Fayetteville arts and cultural environment is critical. o Fayetteville First Strategic Priorities [one of four]. Continue to support existing programs that enhance arts and culture locally. ■ Action Item: Pursue grant funding to support programs for the arts Action Item. Encourage public art installations DISCUSSION: The City of Fayetteville issued a Request for Proposals (RFP) in February 2017 for a mural with a theme addressing the journey of the Cherokee people along the Trail of Tears. The Fayetteville Arts Council reviewed more than 45 proposals submitted from across the country and selected Stacy Bates' proposal (attached) on March 22, 2017. Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 In 2014, the City opened a multi -use path (trail) section south of and parallel to Martin Luther King Jr. Boulevard (MLK). The trail is named the Tsa La Gi Trail in remembrance of the Cherokee passage. "Tsa La Gi" translates as "Cherokee" in the Cherokee language. A portion of the trail runs through a tunnel underneath the Arkansas Missouri Railroad rail line. City staff has identified the exterior wing walls on the east side of the tunnel as an ideal place for a mural that will serve as an aesthetic educational tool for the public about the Trail of Tears through Fayetteville Approximately 94,000 trips are made annually on this section of trail according to a 2015 trail count. The United States government's forced relocation of Native Americans is called the Trail of Tears because of the journey's devastating effects. Fayetteville, Arkansas was a stop on the journey. In January of 1839, the Benge detachment of Cherokee camped along a creek and up the hill from what is currently the intersection of Arkansas Highway 16/Martin Luther King Jr. Boulevard and Stadium Drive. On the north side of MLK — a historical marker was placed in 1998 and in 2002 noted artist Pat Musick placed one of her 22 sculpture installations titled "Stone Songs on the Trail of Tears" in the same area. The Musick installation is part of the University of Arkansas's public art collection. BUDGET/STAFF IMPACT: Parks and Recreation Department has accepted the following responsibilities and will use money from their operations fund: • Power wash the mural walls prior to paint- application • Application of an overcoat to protect the mural • _ Removal of graffiti or similar damage for a minimum of five years Attachments: Budget Adjustment Purchase Order Contract (with Artist's Proposal and RFP Terms & Conditions) CITY OF 1e ARKANSAS CONTRACT FOR THE COMMISSION OF PUBLIC ART THIS AGREEMENT, dated as of the 2.3fday of Mca yr—JA , 2017, is made by and between the City of Fayetteville, an Arkansas municipal corporation (the "City"), and Stacy Bates the "Artist"). WHEREAS, the City has allocated funds for the acquisition of artwork (the "Work") to be installed on the east -facing exterior wing walls of railroad tunnel along the Tsa La Gi Trail, Fayetteville, Arkansas; and WHEREAS, a request for proposal was issued by the City on February 10, 2017 and the City selected the proposal submitted by Stacy Bates. NOW THEREFORE, the parties mutually agree as follows: Description of the Artwork. The parties hereby incorporate Artist's proposal, attached hereto as Exhibit A, with specific reference to the Project Narrative, Site Rendering, Technical and Description of Materials/Medium 2. Permanent Location. The east -facing exterior wing walls of railroad tunnel along the Tsa La Gi Trail, Fayetteville, Arkansas. Changes in Design. The Artist shall create the Work in accordance with the proposed and approved design, attached hereto as Exhibit A. Recognizing that the change in scale from sketch to full scale 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 power wash the wall surfaces. 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. The City shall also apply a protective clear coat on the mural after it is complete. 5. Price. As payment for the services of the Artist and for the completed Work, the City will pay the Artist a total of $5,000 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 and lodging costs for the Artist to visit, research, and create at the Site, transportation of the materials to the Site, and any costs incurred by the Artist for installation of the Work at the Site. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 6. Installation and Time Schedule. The Artist will coordinate all Site preparation, installation plans, and timetables with the City. The Artist shall complete installation of the Work no later than October 2, 2017 (the "Completion Date"). All arrangements for, and costs of insurance and transportation of the materials 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. 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. B. Inspection and Review. The City reserves the right to inspect and review the Work upon 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, 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. 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 reproduce photographically or mechanically the Work for marketing, publication, and 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. Artist hereby expressly waives all moral rights as defined by the Visual Artists Rights Act, 17 U.S.C. § 106A, to the Work. 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 for any reason, the Artist shall be entitled to a final payment or settlement in 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 property of City for use without restriction, except that it shall not be represented to be the completed Work of the Artist. 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. 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, which includes the Artist's Proposal, attached as Exhibit A and the City's Request for Proposal Documents attached as Exhibit B, represents the entire agreement between City and Artist. IN WITNESS WHEREOF, the undersigned hereunto set our hands and seals on the dates below: STACY BATES, ARTIST APPROVED: n By:,_ - Stacy Bates 0 CITY OF FAYETTEVILLE I'll •'-�.`� A Date: —7 - 17 Date: "Al lllTrrIfill ATTEST;I T R; le gs►��r By: 61M6�_ 9 - Sondra E. Smith, City Clerk/Tr kp .. •YCTfEV1Ll�+ Exhibit A STACY BATES stacybeeart@yahoo.com 3406 South N Fort Smith, AR 479-883-2571 www.stacybeeart.com "Holding On and Letting Go: The Struggles and Strength of the Tsa La GP Project Narrative "Holding on and Letting Go" is an artwork that is focused on the culture, traditions and strength of the Cherokee people. The image will include a Cherokee Indian's hands grasping onto an eagle feather wand. The feather wand, the feathers and the hands will be the focus of the work. Behind the feather wand, in the background, you will find an extremely detailed rivercane basket weaving pattern. The artwork will consist of five main colors and those include: white, black, a variety of browns, faded orange and faded yellow. Throughout the artwork, there will be lots of story and symbols embedded. The feather wand is a very important part of Cherokee tradition. The golden eagle tail feathers used in making the feather wand are extremely revered and sacred to the Cherokee. In this case, it's used in coordination with sticks to create a wand that is used during many events, one specifically being the eagle dance. The eagle dance is one of the most important dances in Cherokee culture and is the welcoming of the eagle spirit along with the celebration of killing an eagle. I've selected the image of the Cherokee hands holding onto the feather wand because I feel it represents the Cherokee desperately holding onto their important traditions, as well as trying to hold onto their strength (the golden eagle feathers). The hands will also be placed near the ground which will also show the need to try to grasp tightly to their lands while being forced out. The eagle feathers importance to the work is integral. There will be a total of seven feathers on the feather wand. Two of the feathers will be gone in the middle of the artwork where the tunnel is located. The missing feathers will represent those Cherokee that passed on during the journey on the Trail of Tears. There will be a remaining two and a half feathers on each side. Four of those feathers will be whole. The numbers of feathers are very significant to the Cherokee. The Cherokee place seven feathers on their wand because seven is one of the Cherokee people's favorite numbers. They use this number quite a bit throughout their traditions. After all, they have seven clans, seven councilors, they made a sacrifice on the seventh day, would make a sacrifice every seventh year and they believe there are seven different directions. There will be four whole feathers painted on the mural because the number four is the Cherokee's second favorite number. It represents wholesomeness and the four directions north, south, east and west. In the background, there will be a detailed pattern, using inspiration from the Cherokee rivercane baskets. The Cherokee used these baskets for gathering, storing, transporting and food preparation. The women were said to create these baskets with no preparation of pattern. Using their creativity, they wove them so tightly that some baskets could hold water. The strength of these baskets and their beautiful pattern of weaving really represents the strength of the Cherokee during this terrible time while walking the Trail of Tears along with showing the beauty of their culture. The colors that will be used to create this artwork will be directly inspired by the natural dyed colors of the rivercane baskets. Artist Statement My love of line and patterning is always present when using pen and ink or paint when creating my work. Most of my art depicts vintage and surreal imagery that is created with hatching and cross -hatching, which often resembles that of a woodcut print. The detailed, and old-fashioned style of my art really brings a historical feel to each piece of work. Combine that with the deep symbolism and back story that I love to include in each artwork, and it not only makes for a great visual, but an image that can be interpreted in many ways and leave you wanting to know more. Resume STACY BATES stacybeeart@yahoo.com 3406 South N Fort Smith, AR 479-883-2571 www.stacybeeart.com EDUCATION 2007 BA in Art, University of the Ozarks, Clarksville, AR 2005 AA in Art, Carl Albert State College, Poteou, OK AWARDS 2007 Most Outstanding Artist, University of the Ozarks 2005 Vincent Van Gogh Student Art Award, Carl Albert State College EXHIBITIONS - Spring 2007 _ Group Exhibition, The Stephens Gallery, University of the Ozarks, Clarksville, AR Fall 2007 Group Exhibition, Center for Art and Education, Van Buren, AR Fall 2013. Group Exhibition, Center for Art and Education, Van Buren, AR Fall 2015 Group Exhibition, Cre8tive Arts Network, Barling, AR Summer -Fall 2016 Juried Group Exhibition, RAM Invitational, Fort Smith, AR Summer 2016 Juried Group Exhibition, MCA DAY, Brooklyn, NY Fall 2016 Juried Group Exhibition, Artists of Northwest Arkansas, Fayetteville, AR MIL'M Fall 2015 Noah's Ark, Greenwood, AR Fall 2016 Day of the Dead Contest, Tulsa, OK Fall 2016 Golgotha, Greenwood, AR Winter 2017 Now The Monkey's On Your Back, Bentonville, AR PRINT MEDIA Caddel, Jinxi. Echanted: Fairytales, Folktales and Fables Artistically Explored. Out of Step Publishing, 2015. Print. Pages 198-199 Caddel, Jinxi. Echanted: Black and White: Volume 3. Out of Step Publishing, 2016. Print. Caddel, Jinx!. Echanted: Slithers and Scales of Inspiration. Out of Step Publishing, 2016. Print. ART FESTIVALS Fall 2016 Juried Group Show, Art on the Creeks, Rogers, AR TEACHING EXPERIENCE 2008-2014 Art, Darby Junior High, Fort Smith, AR 2014 -Present Art, Woods and Beard Elementary, Fort Smith, AR 2016 "Day of the Dead Mural" Tulsa, Oklahoma 4'x 16'30 Hours — 3 Day Competition 2016-2017 "Now the Monkey's on Your Back" Bentonville, Arkansas 8'x 7', 35 Hours r ri IN - _'' ylI f �. Y �. - iP: �- _ r �Rw��=1 Technical Description of Materials/Medium This artwork is a rough sketch of the final design. I'd like to make sure both sides are very symmetrical and the color palette consists of the main 5 colors. The final artwork will be blended much more thoroughly but the main design you see here will remain. Materials needed for this mural will include: - 2 Gallons - Masonry Primer - Gallon — White Exterior Paint - Gallon — Black Exterior Paint - Gallon — Brown Exterior Paint - Quart — Yellow Exterior Paint - Quart — Orange Exterior Paint - Big Paint Roller - Small Paint Brushes - Scissor Lift - Protective Clear Coat to seal work upon completion . Drop Cloths Suggested Maintenance Yearly Budget for Cleaning and Repair: $100 I suggest sealing mural with an anti -graffiti non -yellowing sealant that will help with cleaning and aging of artwork. One of the best varnishes is called Soluvar. If someone graffiti's over it, you can use mineral spirits to remove the top later without damaging the mural too bad. The varnish has to be reapplied when the graffiti is removed. Yearly maintenance shouldn't require too much as long as the mural hasn't been vandalized. The mural could handle a simple wash with soap and water or a light power wash. If the mural has been painted over or marked on with a marker, it will need to be removed within the week for best results. If for any reason the mural is to be defaced to the point of needing to repaint, I can most certainly repaint areas if needed. I Budget - $4,926.33 Artist Fee Materials 2 Gallons Primer 1 Gallon Brown 1 Gallon Black 1 Gallon White 1 Quart Orange 1 Quart Yellow Paint Roller and Tray Brushes Drop Cloths Travel Scaffolding Equipment 335 sq ft. x $9 = $3015 Total: $411.33 $57.29 x 2 = $114.58 $65.99 $65.99 $65.99 $24.39 $24.39 $20.00 $20.00 $10.00 Quotes are based on exterior Acrylic Latex Resilience Paint and supplies from Sherwin Williams >800 from Fort Smith to Fayetteville for 20 Dal $700 Monthly Rate Project Timeline : June 12th — July 7th CITY OF 17ayrle AS E x hi B ART IN PUBLIC PLACES: TRAIL OF TEARS MURAL AT THE TSA LA GI TRAIL TUNNEL REQUEST FOR PROPOSAL Terms and Conditions REQUEST FOR PROPOSAL (RFP): Trail of Tears Mural DEADLINE: March 20, 2017 (5 p.m. Central Standard Time) BY EMAIL: (o+-iiifilunicattons@fayetleville-ar.gov This RFP is intended to solicit artists, designers, and craft persons for a public art mural. Project information can be found here: www.fayetteville-ar Qovffrarft7fTearSAALira 1. PROPOSERS ARE STRONGLY ENCOURAGED TO REVIEW THE CONTRACT DERE. No late proposals will be accepted. RFPs shall be submitted as a PDF document via email titled "Trail of Tears Mural Proposal." RFPs shall be submitted in accordance with the attached City of Fayetteville specifications and RFP documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested, failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish and deliver the articles or services as specified, at the prices and terms stated herein. Name of Artist(s Contact Person: Title:-__Lrrr-t t5� E -Mail: c 1 s r e, cke- \iahuo. �xnn Phone: _ '_ Business Address: 3_` uko S. W City: Jo4A�2a" State: A[L _ zip: 'J2 - Signature; ! " —Date: 3 -2-7-11 Budget: $5,000. This includes artist/design fees, materials, installation, etc. Eligibility: Any artist or team of artists with public art, mural or large-scale painting experience. Artists of Native American heritage are encouraged to apply. Artists may submit multiple applications - Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Trail of Tears Mural Timeline: RFP issued: February 16, 2017 RFP deadline: March 20, 2017 (5 p.m. Central Standard Time) Notification to Artist: March 24, 2017 Artist Contract Completion: April 28, 2017 Project Completion: Artist must complete mural during a four-week period from May 8 through October 2, 2017 Background and Project Summary: The City of Fayetteville received an appropriation from the State of Arkansas in 1999 "for improvements to Trail of Tears sites in Washington County, Arkansas." The forced relocation route of the Cherokee is called the Trail of Tears because of the journey's devastating effects. In January of 1839, a detachment of Cherokee camped along a creek and up the hill from what is currently the intersection of Highway 16/Martin Luther King Jr. Boulevard (MLK) and Stadium Drive. On the north side of Martin Luther King Jr. Boulevard — a historical marker was placed in 1998 and in 2002 noted artist Pat Musick placed one of her 22 sculpture installations titled "Stone Songs on the Trail of Tears" in the same area. In 2014, the City opened a section of multi -use path (trail) section south of and parallel to MLK. The trail is named the Tsa La Gi Trail in remembrance of the Cherokee journey. "Tsa La Gi" translates as "Cherokee" in the Cherokee language. A portion of the trail runs through a tunnel underneath the Arkansas Missouri Railroad rail line. City staff has identified the exterior wing walls on the east side of the tunnel as an ideal place for a mural that will fulfill the requirements of the state appropriation while also acting as an aesthetic educational tool for the public. Approximately 94,000 individuals use this section of trail annually according to a 2015 trail count. The City of Fayetteville and Fayetteville Arts Council seeks Request for Proposals (RFP) for a mural: The theme of the mural should address the journey of the Cherokee people along the Trail of Tears. Site Location Details and Description: The east -facing exterior wing walls of railroad tunnel along the Tsa La Gi Trail. The tunnel is located on the trail, adjacent_to Martin Luther King, Jr. Boulevard between Stadium Drive and S. Royal Oaks Parkway. Total wall surface measures approximately 335 square feet. City Responsibilities: The City will power wash the concrete surface. The artist will need to apply a masonry primer prior to painting the mural. The City will also apply a protective clear coat on the mural after it is complete. Selections Criteria - All proposals will be evaluated against the following: 25% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications and professionalism of the Proposer. Indicated experience and competence of the firm or individual(s) in connection with the type and complexity of the project required. Includes how each proposal is coherent and well presented. 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 35% Proposed Method of Doing Work: A proposed work plan including a detailed scale drawing with artwork oriented for placement. This also includes aesthetics such as consideration of site structure and surface material, thematic use of site, exhibiting strong artistic concept, design, artisanship, innovative and creative exploration of Trail of Tears theme. Sustainability to the site is extremely important! Design evaluation will also include compatibility with uses of the site (which includes a high level of pedestrian and bicycle traffic) efficient use of space, durability of design, maintenance requirements. 10% Past Performance/Previous Work: If previous evaluations with the City are not available, the firm's/individual's past performance records with a City and others will be used, including quality of work, timely performance, diligence, ability to meet past budgets, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom we can contact for information. 10% Cost: Complete cost charged for the project. Note: proposals that exceed budget are subject to rejection. Materials to be Submitted: Please submit the following materials via email to communications@favefteville-ar.gov by the deadline. All written materials must be typed and submitted as.a single PDF document. The project proposal must contain the following: • project narrative, including an artist statement (no more than 2 pages or 1,000 -words) • resume/curriculum vitae • up to five examples of previously completed paintings or murals • site rendering — scaled drawings, sketches, or other documents as necessary to present a meaningful representation of the concept — color, content, technique, and any other details should be conveyed • technical description of materials/medium • suggested five-year scheduled maintenance plan which includes suggest annual budget and information about cleaning and repair (City of Fayetteville staff will be responsible for anti -graffiti treatment and graffiti removal) • preliminary itemized budget, such as — artist fee, materials, travel -related expenses, and any other associated costs such as installation equipment or sub -contractors • project timeline - artist must complete mural during a 4 -week time period from May 8 through October 2, 2017 Submission Information: 1. Proposals must be received at the email address listed below and are due by March 20, 2017 (5 p.m. Central Standard Time) to: communications@fayetteyille-argov 2. It is the responsibility of the Proposer to send the proposal by email prior to the date and time of deadline. No late proposals will be accepted. Proposals received after the scheduled proposal deadline will remain unopened and will not be considered. 3. The City will not be responsible for misdirected proposals. Proposer should call the Community Engagement Manager at 479.575.8302 or email via to insure receipt of their proposal documents prior to opening time and date listed above. 4. The City of Fayetteville reserves the right to reject any or all proposals, waive formalities, and make the award based on the best interest of the City. 5. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business, and the City is not liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. 6. Any conditions or expectation on the part of the Proposer for performance by the City must be set forth in the proposal. The City is not obligated to consider the Proposer's post submittal terms and conditions. 7. Any inquiries or requests for explanation about the City's requirements should be made promptly to Dede Peters, City of Fayetteville's Community Engagement Manager via email or telephone 479.575.8302. No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms that have indicated an interest or intention to submit proposals, but the names of any firms submitting any questions, clarifications, or requests will not be disclosed until after the deadline for submitting proposals. 8. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. 9. The RFP and any addenda issued may be obtained from at www.fayettevilie- qr govlTraiiUi l ; r_�r,�l:�::_L. Proposers are at liberty and are encouraged to expand upon the details, qualifications, and proposals to give additional evidence of their ability to perform and provide artwork as described in this RFP. All updates and changes to the RFP will be posted on the website and Proposers are encouraged to check for new information or updates. Each Proposer is required, before submitting a proposal, to be thoroughly familiar with the requirements and specifications listed in this RFP. Additional allowances will not be made due to Proposers lack of knowledge relating to the terms, conditions, and specifications contained within this RFP. It is the responsibility of the Proposer to determine if any component(s) of this specification do not meet the required standards of applicable federal, state, and municipal law or specifications. 10. The proposal must contain the signature of a duly authorized officer or agent of the Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed. 11. The Proposer is required to submit proposal as an Adobe PDF document. 12. It is intended that the all documents pertaining to this request for proposal shall define and describe the complete services to which they relate. 13. The Proposer is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific standards and the character, quality, and quantity of the reports and services required. Failure to examine these areas will not relieve the successful Proposer of his obligation to furnish all deliverables and services necessary to carry out the provisions of the contract. 14. The City of Fayetteville will consider the degree to which each Proposer has submitted a complete proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless specifically requested in the RFP. 15. The successful Proposer -shall not assign the whole or any part of this Contract, any monies due, or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. - 16. The successful Proposer's attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 17. Proposer shall at all times observe and comply with all such existing and future laws, ordinances, and regulations, and shall protect and indemnify City of Fayetteville and its agents against the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or by his/her employees. Licenses of a temporary nature, necessary for the prosecution of the services shall be secured and paid for by the successful Proposer. PLEASE NOTE: ALL ITEMS MARKED * ARE CONSIDERED MANDATORY REQUIREMENTS FOR CONSIDERATION OF BID. FAILURE TO COMPLETE THESE ITEMS MAY RESULT IN REJECTION OF BID. Proposer Information: *ARTIST NAME: *BUSINESS ADDRESS: *CITY: leo T S , C *STATE: 2AI *ZIP: % *PHONE:-(��?,-Sil *E-MAIL ADDRESS: _ �;hclt a.rtahc�o • ( yyl ITEM #: 1 DESCRIPTION: Trail of Tears Mural QUANTITY: 1 TOTAL PRICE: $5,000 NOTE: TOTAL PRICE SHALL NOT EXCEED $5,000 EXECUTION: Upon signing this Proposal, the Proposer certifies that he/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles- being bid on. Proposals must be submitted on this form in its entirety AND accompanied by descriptive literature on the products being proposed. Unless otherwise noted and explained, Proposer agrees to items presented in this document. The Proposer can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. Items marked * are mandatory for consideration. *AUT "AUTHORIZED BY -(PRINTED NAME) 6�n sr — *TITLE 3-27-1% *DATE 6 I City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division COMMUNICATIONS/MARKETING Adjustment Number 2017 /Org2 (055) Requestor: Bonnie Bolinger BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Request funds in the amount of $5,000 to enter into a contract with artist, Stacy Bates, to provide professional services for painting a Trail of Tears mural on east -facing wing wall of the railroad tunnel located on the Tsa La Gi Trail. COUNCIL DATE: 6/3/2017 LEGISTAR FILE ID#: 2017-0265 RESOLUTION/ORDINANCE 51W2017 3:31 Ply! Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL 5,000 5,000 v.20161220 Increase / (Decrease) PJect.Sub# Account Number Expense Revenue Project Sub AT Account Name 1010.001.0001-4999.99 5,000 17006 1 RE Use Fund Balance - Current 1010.090.6600-5315.00 5,000 17006 1 EX - Contract Services - C:\Users\losmith\AppData\Roaming\L5\Temp\994f4ac4-fa9b-4748-89ea-e61850f0198a 1 of 1