HomeMy WebLinkAbout245-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 245-21
File Number: 2021-0734
STREAM RESTORATION PROJECT AT WILSON PARK:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$25,000.00 RECOGNIZING PARK LAND DEDICATION FEES FROM THE SOUTHWEST
PARK QUADRANT TO BE USED FOR THE PURCHASE OF ROCK SCULPTURES AND
SURVEYING SERVICES ASSOCIATED WITH A STREAM RESTORATION PROJECT AT
WILSON PARK
BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution, in the amount of $25,000.00 to recognize
park land dedication fees from the Southwest Park Quadrant to be used for the purchase of rock
sculptures and surveying services associated with a stream restoration project at Wilson Park.
PASSED and APPROVED on 10/5/2021
Attest:
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Kara Paxton, City Clerk TrezaurgrFHYE 7`VILLE ;
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Page 1 Printed on 1016121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0734
Agenda Date: 10/5/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.13
STREAM RESTORATION PROJECT AT WILSON PARK:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $25,000.00
RECOGNIZING PARK LAND DEDICATION FEES FROM THE SOUTHWEST PARK QUADRANT
TO BE USED FOR THE PURCHASE OF ROCK SCULPTURES AND SURVEYING SERVICES
ASSOCIATED WITH A STREAM RESTORATION PROJECT AT WILSON PARK
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 budget adjustment, a
copy of which is attached to this Resolution, in the amount of $25,000.00 to recognize park land dedication
fees from the Southwest Park Quadrant to be used for the purchase of rock sculptures and surveying services
associated with a stream restoration project at Wilson Park.
City of Fayetteville, Arkansas Page 1 Printed on 101612021
Ted Jack
Submitted By
City of Fayetteville Staff Review Form
2021-0734
Legistar File ID
10/5/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/15/2021 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends a budget adjustment to recognize $25,000.00 of unrecognized Park Land Dedication Funds in the
Southwest quadrant to support the creation of rock fish schulptures and survey work necessary for preliminary
stream restoration design at Wilson Park.
Budget Impact:
2250.520.9256-5806.00 Parks Development
Account Number
13001.1802
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? Yes
Fund
Wilson Park Improvements
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 273,109.00
$ 16,593.42
$ 256,515.58
$ 25,000.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 5, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Ted Jack, Park Planning Superintendent
DATE: September 8, 2021
CITY COUNCIL MEMO
SUBJECT: Recognize and allocate Park Land Dedication Funds in the Southwest
Quadrant to fund surveying work and rock fish sculptures for Wilson Park.
RECOMMENDATION:
Staff recommends a budget adjustment to recognize $25,000.00 of unrecognized Park Land
Dedication Funds in the Southwest quadrant to support the creation of rock fish sculptures and
survey work necessary for preliminary stream restoration design at Wilson Park.
BACKGROUND:
Skull Creek is a main feature of the park. The stream was straightened in the past and has
unstable, eroding banks. Long term plans for the park include stream stabilization and
enhancement. Wilson Community Park has a rich history of integrating art into the built
environment and park designers plan to integrate rock sculptures into the stream work. The
sculptures will include rock fish and other animals, or items designed specifically for this site to
enhance primarily the playground area of the stream. The sculptures are being created ahead of
the stream design work so that they can be considered in stream flow calculations and carefully
integrated into that work.
DISCUSSION:
Staff has prepared sketches and drawings to conceptually illustrate stream restoration ideas,
rock fish locations, and other work that will enhance Wilson Park for the people of Fayetteville.
See attached documents.
BUDGET/STAFF IMPACT:
Staff has worked with Buonaiuto Stone Works of Fayetteville to refine concepts for the creation
of the rock fish and related sculptures that will be incorporated into stream restoration work at
Wilson Park. Fees for the sculpture work are not to exceed $19,500.00. Additionally, fees for
survey work necessary for design work along the stream are included for a total of $25,000.00.
Only the sculpture work has been negotiated at this time. Funds for this work will come from
park land dedication funds from the South West Park District.
Attachments:
SRF
Prominade / Rock Fish Conceptual Sketch
Rock Fish mockup and prototype photographs
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Concept Drawing for Stream Restoration Work at Wilson Community Park
Attachments: Prominade / Rock Fish Conceptual Sketch
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Attachments: Rock Fish mockup and prototype photographs
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Bunaiut■Stworks
Custom Stone Masonry Serving N.W. Arkansas
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Concept Drawing for Stream Restoration Work at Wilson Park
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2021
Requestor: Alan Bearden
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Request for approval to recognize southwest Park Land Dedication (PLD) funds of $25,000 which will be used for the
creation of rock fish sculptures and a survey for stream design work at Wilson Park. The sculpture work is to be
performed by Buonaiuto Stone Works of Fayetteville.
RESOLUTION/ORDINANCE
COUNCIL DATE: 10/5/2021
LEGISTAR FILE ID#: 2021-0734
KP,vLwSpr �
911712021 4:03 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
25,000 25,000
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20210831
Account Name
2250.520.9256-4419.02
- 25,000
13001 1802 RE
Greenspace Fees - SW
2250.520.9256-5806.00
25,000 -
13001 1802 EX
Improvements - Park
H:\Budget Adjustments\2021_Budget\City Council\10-05-2021\2021-0734 BA Parks PLD Wilson Park Rock fish sculptures.xlsm 1 of 1
Buonaiuto Stone Works
City of Fayetteville Staff Review Form
2021-0838
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Ted Jack 10/22/2021 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
Recommend entering into attached contract with Buonaiuto Stone Works for creation of rock fish and related
sculptures for Wilson Park for a fee not to exceed $19,500.00.
2250.520.9256.5806.00
Account Number
13001.1802
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Parks Development
Fund
Wilson Park Improvements
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
298,109.00
$
16,593.42
$
281,515.58
$
19, 500.00
------------
S
262,015.58
V20210527
Purchase Order Number: n/a Previous Ordinance or Resolution # 245-21
Change Order Number: n/a Approval Date: 10/27/21
Original Contract Number: n/a
Comments: Resolution 245-21 made a budget adjustment for this project. Funds for this work come from park land
dedication funds from the South West Park District.
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
FROM: Ted Jack, Park Planning Superintendent
DATE: October 21, 2021
SUBJECT: Rock Fish Sculpture Contract
STAFF MEMO
RECOMMENDATION:
Recommend entering into attached contract with Buonaiuto Stone Works for creation of rock
fish and related sculptures for Wilson Park for a fee not to exceed $19,500.00.
BACKGROUND:
Skull Creek is a main feature of Wilson park. The stream was straightened in the past and has
unstable, eroding banks. Long term plans for the park include stream stabilization and
enhancement. Wilson Community Park has a rich history of integrating art into the built
environment and park designers plan to integrate rock sculptures into the stream work. The
sculptures will include rock fish and other animals, or items designed specifically for this site to
enhance primarily the playground area of the stream. The sculptures are being created ahead of
the stream design work so that they can be considered in stream flow calculations and carefully
integrated into that work.
DISCUSSION:
Staff has worked with Buonaiuto Stone Works of Fayetteville to refine concepts for the creation
of the rock fish and related sculptures that will be incorporated into future stream restoration
work at Wilson Park.
BUDGET/STAFF IMPACT:
City Council approved a budget adjustment for funding at the October 5, 2021 Council Meeting
(Resolution 245-21). Fees for the sculpture work are not to exceed $19,500.00. Funds for this
work come from park land dedication funds from the South West Park District.
Attachments:
Contract
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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CITY OF
FAYETTEVILLE
ARKANSAS
CONTRACT FOR THE COMMISSION OF PUBLIC ART
THIS AGREEMENT, dated as of October 27. 2021 , is made by and between the City
of Fayetteville, an Arkansas municipal corporation (the "City"), and Buonaiuto Stoneworks
LLC, of Fayetteville, (the "Artist").
WHEREAS, the City in the future will do work to improve Scull Creek and tributaries in
Wilson Park, reducing erosion and enhancing the aesthetic, ecological value of the
waterways, and the city wishes to enhance the park and stream, particularly near the
playground area, and
WHEREAS, the City has allocated funds for the acquisition of rock fish and similar animal
sculptures (the "Work") to be integrated into future stream restoration and improvement
work to be installed at Wilson Community Park; and
NOW THEREFORE, the parties mutually agree as follows:
Description of the Artwork. The Work will consist primarily of rock fish sculptures
to be used in and around Scull Creek in Wilson Park. Other animals and items such
as crawfish or salamanders may be sculpted with the approval of the City's park
designers. See Exhibit A for additional information describing the work.
2. Location. Wilson Park principally in and around Scull Creek.
3. Basis of Design. The Artist shall create the Work in collaboration with the City's park
designers as generally indicated in Exhibit A. The concept for the rock fish is shown
in Exhibit A. Additional related items may be included. Before sculpting these features
a clay model will be developed and agreed to by Artist and City designer as the basis
for the sculpture.
4. Time of Contract. The Artist shall have 16 months to create the Work from the start
date of this contract.
5. Storage of Completed Sculptures: Before the intended installation of the Work they
will be stored at the Artist's studio for a short time frame or Parks and Recreation
Yard or at a temporary installation at Wilson Park before completion of this contract.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
6. Site Installation. The City, or its contractors, will be responsible for moving,
installing, siting, and orientation of the Work. The Artist will assist in the siting of the
Work by giving their opinion and ideas. If the City determines it is valuable to have
the Artist install the Work using employees and equipment, then a separate fee will
be negotiated for that effort. The Artist is not responsible for damage done to the
Work during installation, unless the Artist is hired under separate contract, to install
the work.
7. Price. The Artist will acquire the rock material and sculpt the Work which generally
will weigh approximately 1000 to 2000 pounds per fish or piece. The Artist will track
their time in creating the sculptures to determine payment for each. A minimum of
eight sculptures will be created with an average value not to exceed $2000 per piece.
Individual sculptures will range from $1500 to $2500 including all labor and material.
The artist will be responsible for acquiring stone material, all machinery, and tools,
studio space, and incidentals. This 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
applicable to this project. The maximum amount of this contract shall be $19,500.00.
8. Payment and Official Acceptance. Payment shall be issued to the Artist within thirty
days after official acceptance by the City of each sculpture or group of sculptures. A
completed IRS Form W-9 must be provided to the City prior to any payment being
issued. The City will pay up to 75% of the value of each completed sculpture that is
temporarily stored at the artist's studio. Full payment to the Artist may not occur until
the City has accepted the Work and the Work is on city property. Such acceptance
by the City may occur only after the Artist has complied with all of Artist's obligations
hereunder. The City will examine each sculpture and take official ownership after the
sculptures are delivered to Wilson Park or the Parks and Recreation Yard or other
public location chosen by the City.
9. Insurance. The Artist will provide proof of insurance.
10. 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.
11. Public Notice. The City may list the artwork description on City websites and other
venues.
12. Warranties. The Artist warrants that the execution and fabrication of the Work will be
performed in a professional manner and that the Work, as fabricated, will be free of
defects in material and quality.
13. 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.
14. 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 before the city takes possession of the Work. 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.
15. 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 govemment and any other governmental authority
having jurisdiction over the site or the Work.
16. Copyright. This Work is a collaborative effort. 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, and publication, without written agreement of the artist. All image
reproductions of the Work by the City shall contain a credit to the Artist. The City
agrees that the 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.
The City may include future work like this in Wilson Park or other parks with this Artist
3
or other artists. This contract does not prevent the Artist from creating similar work
for other patrons.
17. Permanence and Repair of the Work. This work is not to be considered permanent
and the city has full rights to alter, remove, or move the Work, partially or whole, to
another location. Additionally, the Work will exist in an abrasive and difficult
environment and will likely experience natural erosion processes that will change the
Work with time. The City may or may not seek to maintain the Work. The City may
consult with the Artist and the Artist may cooperate with the City concerning any
repairs and restoration of the Work following the City's acceptance of the Work.
Nothing in this agreement shall preclude any right of the City and the Artist agrees
that the City has the right to: 1) remove the Work from public display or to a new
location, or 2) destroy the Work or 3) alter the way the Work is displayed. Artist hereby
expressly waives all moral rights as defined by the Visual Artists Rights Act; 17 U.S.C.
§ 106A, to the Work.
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 the amount of physically completed work. 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. 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.
21. Controlling Law and Venue. This Agreement shall be subject to, interpreted and
enforced according to the laws of the State of Arkansas. Jurisdiction and venue for
4
any dispute shall be the Circuit Court of Washington County, Arkansas.
22. Entire Agreement. This Agreement represents the entire agreement between City
and Artist.
IN WITNESS WHEREOF, the undersigned hereunto set their hands and seals, this 27th
day of October 2021.
BUONAIUTO STONEWORKS, LLC
APPROVED:
By: 2�
Ben guonaiuto
Date: O 1 O 9 Z2=,2;z-1
CITY OF FAYETTEVILLE
APPROV
d JoAan, Mayor
IDEM- NOR IIN
ATTEST:/
By. �E� .m
Kara Paxton, Ci y Cler rlsurer rt ' LLE ; ;=
Exhibit A
Rock Fish Concept Sketch
Photos of Clay Sculptures
Photos of Rock Fish Prototype
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