HomeMy WebLinkAbout07 - McFadden Square Centennial Legacy Project - Final Design & Progress PaymentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
February 26, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LIBRARY SERVICES
Jana Barbier, Cultural Arts Coordinator (717 -3870)
email: lbarbier city.newport- beach.ca.us
Linda Katsouleas, Library Services Director (717 -3810)
emaih lkatsouleas a-city.newport- beach.ca.us
SUBJECT: MCFADDEN-SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL
OF THE FINAL'DESIGN AND PROGRESS PAYMENT.
'RECOMMENDATIONS:
Approve the final design and clay model of the proposed artwork for the McFadden
Square Centennial Legacy Project and authorize payment of the Second Installment
Payment of $30,000 to Artist/Sculpture Hank Kaminsky.
DISCUSSION:
In accordance with the terms and conditions of the Contract Agreement (C -3990) Stage
2 (Final Design,) McFadden Square sculptor, Hank Kaminsky of Fayetteville, Arkansas,
is required to submit photographic evidence of a full -size clay piece of the Artwork to the
City for approval on the Project by February 1, 2008. Upon approval of the full -size clay
piece of the Artwork by City Council, the City shall pay the artist the second installment
payment of 30,000.00 to begin Stage 3 (Casting and Installation.) Kaminsky will mold
and cast the approved design in bronze finish and install the Artwork at the Site on or
before April 1, 2008. Upon the City's final acceptance of the Artwork, the final payment
of $40,000.00 shall be due on May 1, 2008.
Project Costs and Funding to Date:
The total compensation to the Artist for the McFadden Square Centennial Legacy
Sculpture Project is $110,00&00. This amount constitutes full compensation for the
artwork including, but not' limited to, fees, materials; and transportation, insurance and
shipping of the artwork to the site.
Upon execution of the-Agreement on October 23. 2007, .artist Hank.Kaminsky was paid
$10,000,Oaas a retainer to be used to perform the historical research necessary to
design the Artwork and to pay for any insurance policies required under the Agreement.
On December 11: 2007, City Council approved the initial design and clay model of the
proposed artwork for the McFadden Square Centennial Legacy Project and authorized
payment of the First Installment Payment of $30,000 to Artist/Sculptor Hank Kaminsky.
Future Contract:Gosts,
Stage 3 (cantina and installation }, Artist shall rhold and cast the approved design in
bronze ftnish and install the Artwork at the Site on or before April 1, 2008. Upon the
City's fInal�acceptanee of the Artwork, the final payment of $40;000.00 shall be due on
May
Sculpture.Contracti Review:'
On' October 23,` City Council Approved a Contract Agreement (C -3990)
"Agreement between .the`City of Newport Beach and Artist Hank Kaminsky for the
McFadden Square Centennial Legacy Project Artwork ". City Council approved the
McFadden Square Centennial Legacy Project design and sculpture concept with
selected artist/sculptor Hank Kaminsky of "The Village Sculptor' in Fayetteville,
Arkansas, for a bronze sculpture and base and authorizing the City Manager to make
contract changes, if needed, that do not affect the contractual price and authorize the
Mayor to sign the contract for $110,000. City Attorney Clauson recommended that
Council identify the person or entity to make.approval of the clay model before the first
$30,000 installment was made. The first payment of $10,000 would be a retainer for
research and preparation of the model. She also recommended that the Project
Manager be someone from the Public Works Department to coordinate the contract.
She requested that the expected date of completion be verified with the artist and the
Public Works Department. Council Member Henn clarified that Council would ask staff
to revise the contract as needed. The revision would make it clear that the first $10,000
payment.was to be used for a mock up and research to provide Council with sufficient
information to approve the final agreement. The City would not be obligated beyond
that $10,000 until approval was granted by Council.
Attachments:
(1) City Attorney Agreement between the City of Newport Beach and Artist Hank
Kaminsky for the McFadden Square Centennial Legacy Project Artwork (C -3990)
(2) Invoice #2007 -67 from Kaminsky Studio for $30,000.00; Payment for completion of
Stage 2 (Final Design) design phase on McFadden Square sculpture.
(3) Photo presentation submitted by Hank Kaminsky; presented by Arts Commission
Chair, Kirwan Rockefeller; on behalf of the Arts Commission and McFadden Square
Centennial Committee.
Submitted by
Jank,lMrbier, Cultural Arts Coordinator
(949) 717 -3870 f
Lind a ulea ibrary Director
(949)117 -3810
AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
ARTIST HANK KAMINSKY FOR THE MCFADDEN SQUARE
CENTENNIAL LEGACY PROJECT ARTWORK
THIS AGREEMENT is made and entered into as of this day of October,
2007, by and between the CITY OF NEWPORT BEACH, a Charter City and
Municipal Corporation ( "City "), and HANK KAMINSKY, an individual whose
address is BOB Government Avenue, Fayetteville, Arkansas 72701 ( "Artist"), and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now ,being conducted under the statutes of the State of California
and.the Charter of City.
B. To commemorate the City's 100 -year anniversary of incorporation, the
,City is planning to conduct an urban beautification project at McFadden
Square., .which is .located at the base of the Newport Pier and is often
referred: to as the "Birthplace of the City" (hereinafter referred to as the
"Site "). The City's plans call for an impressive piece of art to be located in
the center:of the square, surrounded by a circular - shaped public plaza.
C. City desires to commission Artist to design, fabricate, deliver and install a
bronze sphere sculpture five feet in diameter to be the focal point of the
McFadden Square Centennial Legacy Project. City desires to have the
artwork installed at the Site on or before April 1, 2008.
D. Artist is an internationally recognized Artist who has a specialty in creating
bronze sculptures of the type desired by City.
E. City has solicited and received a proposal from Artist, has reviewed the
previous experience and evaluated the prior work created by Artist, and
desires to commission Artist to create, design and install the sculpture
under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and
unless terminated earlier as set forth herein, shall extend until written final
acceptance by City of the Artwork, or submission of final payment to the
Artist by City, whichever is later.
2. ARTIST'S OBLIGATIONS
2.1 Artist agrees to design, fabricate, deliver, and install, in a
satisfactory and proper manner as determined by the City, the
following Artwork:
A bronze sphere five (5) feet in diameter with words and
images sculpted in low relief on the surface which illustrate
the past, present and future of the City of Newport Beach,
Califomia (hereinafter referred to as the "Artwork' j.
2.2 Artist agrees to ensure that the Artwork is durable, taking into
consideration that the Site is an unsecured public space that may
be exposed to elements such as.harsh weather and ocean air.
2.3 The Artist shall arrange the transportation and installation of the
Artwork in consultation with the City's Public Works Department,
and'Artist shall supervise the installation.
2.4 Artist,, shall provide required insurance in the amounts and limits
specified in Paragraph 12.
2.5 Upon installation of the Artwork, the Artist shall provide the City with
written instructions for appropriate' maintenance and preservation of
the Artwork as outlined in Paragraph 7 below.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this
Agreement and Artist has agreed to have the Artwork completed and
installed at the Site on or before April 1. 2008 (hereinafter referred to as
the "Delivery Date ").
3.1 If the Artist fails to complete the Artwork in time to meet the
Delivery Date set forth herein, the Artist may request, in writing, an
extension from the City. The Project Administrator has the
authority to grant a time extension up to thirty (30) days. The
granting of any extension shall not affect any other provision of this
Agreement.
3.2 If the Artist fails to complete installation within the time set forth
herein and any extension thereto, the City may at its option deduct
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five (5 %) percent of any balance due for every 30 days the
Artwork's installation is not completed.
4. COMPENSATION TO ARTIST
Cityshalt pay the Artist One Hundred and Ten Thousand Dollars and
no/4,00 ($710;000.00), which shall constitute full compensation for the
Artwork, including, but not limited to, fees, materials, transportation,
insurance and shipping of the Artwork to the Site, and any costs incurred
by the Artist for installation of the Artwork at the Site, as well as the
associated rights described in this Agreement (hereinafter referred to as
the "Purchase Price "). No changes to the Purchase Price shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Task and Payment Schedule. Artist shall be paid according to the
task and payment schedule attached hereto as Exhibit A and
incorporated in full by this reference.
4.2 Taxes. Any state or federal sales, use or excise taxes, or similar
charges related to the services to be provided hereunder shall be
paid'by.the City.
4.3 Social Security Number. The Artist agrees.to provide Pity with the
Artist's correct social security number upon the execution of this
Agreement.
4.4 invoice. In order to receive payments as set forth herein, the Artist
must submit a signed and dated invoice to the City for approval.
5. FABRICATION AND INSPECTION
5.1. The Artist shall fabricate and install the Artwork in substantial
conformity with the Design, attached hereto as Exhibit B and
incorporated in full by this reference. The Artist may not deviate
from the approved Design without written approval of the City.
5.2. Artist agrees to furnish the City with progress reports and
photographs of the work as requested by City. The photographs
may be digital images and sent by e-mail. The City shall also have
the right to review the Artwork at the Artist's studio while in any
phase of the process of fabrication upon reasonable notice.
5.3. If the City, upon review of the Artwork, determines that the Artwork
does not conform to the Design, the City reserves the right to notify
the Artist in writing of the deficiencies and that the City intends to
withhold the next payment installment. The Artist will promptly cure
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the City's objections and will notify the City in writing of completion
of the cure.
5.4. The Artist shall notify the City in writing when fabrication of the
Artwork has been completed and is ready for delivery and
installation at the Site.
5.5. The City shall inspect the Artwork within five (5) days after receiving
notification- pursuant to Paragraph 5.4 to determine that the Artwork
conforms with the Design and to give final approval of the Artwork.
The City shall not unreasonably withhold final approval of the
fabricated Artwork.
6. INSTALLATION
6.1 Upon the City's written final approval of the fabricated Artwork, the
Artist shall deliver and install the completed Artwork at the Site.
Transportation and handling fees shall be paid by the Artist.
6.2 The-Artist will coordinate closely with the City to ascertain that the
Site'is, prepared to receive the Artwork. Artist may not install the
Art+ivork until: authorized to do so'by the City.
63 The City agrees to coordinate discussions with the Artist for the
completion, of. any site preparation that is not a. part of the Artwork
butis necessary for its installation. The Artist will work with the City
in designing the placement of the Artwork at the Site and will
monitor the subcontractor(s) making any footings, site preparations,
etc. The Artist shall be responsible for all expenses, labor and
equipment associated with the Artwork and its installation. The
Artist shall not be responsible for preparation of landscaping, if any,
or structural footings, except for the installation of the Artwork on its
attached foot, or public access or public security for the Artwork.
6.4 The Artist shall be present to supervise the installation of the
Artwork. The Artist shall notify the City when installation is
complete.
6.5 The City shall have 10 days after it receives notice that installation
is complete to review the Artwork and the documentation submitted
pursuant to Paragraph 7 below. The City shall then either accept
the Artwork and notify the Artist in writing of its acceptance, or it
shall submit to 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 to the
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reasonable satisfaction of the City, it shall accept the Artwork and
notify the Artist in writing of its acceptance.
The effective date of final acceptance shall be the date the City
submits written notice to the Artist of its final acceptance of the
Artwork.. Title to: the Artwork passes upon final acceptance and
final payment, subject to the warranties and further performance
obligations set forth herein.
6.6 Upon written final acceptance, the Artwork shall be deemed to be in
the custody of City for purposes of Section 8.
7. MAINTENANCE
Within ten (10) days following completion of installation, the Artist shall
submit a written technical description and maintenance report specifying
maintenance needed by the Artwork, along with product data sheets for
any material or finished. 'used. This report shall include any cleaning
procedures, and materials to avoid, and information such as paint or
cleaning.formulas. that , ate- necessary. or desirable for good maintenance
and eonservatim practices. The Artist will assist the City in establishing
an effective program of maintenance of the Artwork without additional cost
to the City° fora. period of 12 months following final written acceptance.
The Pity 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.
8. RISK OF LOSS
The Artist shall bear the risk of loss or damage to the Artwork until the
City's written final acceptance of the Artwork under Section 6.5. The Artist
shall take such measures as are reasonably necessary to protect the
Artwork from loss or damage.
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9. WARRANTIES
9.1 Warranties of Title. The Artist represents and warrants that: (a)
The Artwork is solely the result of the artistic effort of Artist; (b) The
Artwork is unique and original and does not infringe upon any
copyrights or the rights of any third person; (c) The Artwork (or
duplicate thereof) has not been accepted for sale elsewhere; (d)
The Artist has not sold, assigned, transferred, licensed, granted,
encumbered or utilized the Artwork or any element thereof or any
copyright related thereto which may affect or impair the rights
granted pursuant to this Agreement; and (e) The Artist has the full
power to enter into and perform this Agreement and to make the
grant of rights contained in this Agreement. These representations
and warranties shall survive the termination of this Agreement.
9.2 Qualit. and Condition. The Artist represents and warrants that: (a)
The fabrication of the Artwork will be performed in a workmanlike
manner; (b) The Artwork, as fabricated and following installation,
will be free of patent and latent defects in material and
workmanship, in any defects of "inherent vice" or qualities
that cause or accelerate deterioration of the Artwork; and (c)
reasonable- maintenance of the -Artwork will riot require procedures
substantially in excess of those described in the maintenance
recommendations to be submitted by the Artist to the City
hereunder.
The warranties described in Section 8.2 shall survive for a period of
one (1) year after the Acceptance of the Artwork, except the
representation and warranty concerning latent defects shall survive
for a period of three (3) years from the Acceptance of the Artwork.
The City shall give notice to the Artist of any observed and claimed
breach with reasonable promptness. The Artist shall, at the request
of the City, and at no cost to the City, cure reasonably and promptly
the breach of any such warranty that is curable by the Artist and
which cure is consistent with professional conservation standards
(including, for example, cure by means of repair or refabrication of
the Artwork).
10. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Steve Badum, Director, shall be the City Administrator and shall have the
authority to act for City under this Agreement. The City Administrator or
his /her authorized representative shall represent City in all matters
pertaining to this Agreement.
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11. ARTIST AS INDEPENDENT CONTRACTOR
The Artist agrees to perform all Artwork under this Agreement as an
independent contractor and not as an agent or employee of the City. The
Artist • acknowledges and agrees that the Artist shall not hold himself out as
an authorized.agent of the City with the power to bind in any manner.
12. INSURANCE
Artist shall obtain, provide and maintain at his own expense during the
term of this Agreement, a.policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Artist shall provide certificates of
insurance with original endorsements to City as evidence of the
insurance coverage required herein.
B. Coverage Requirements.
i. Commercial General Liability Coverage. Artist shall
maintain commercial general liability insurance in an amount
not less than one million dollars ($1,000,000)'per occurrence
for bodily injury, ;personal injury, and property damage,
including, without: limitation, contractual .liability. If
commercial general liability insurance or other :form with a
general aggregate limit is used, either the general aggregate
limit shall apply separately to the work to be performed
under,this Contract, or the general aggregate limit shall be at
least twice the required occurrence limit.
The certificate evidencing Commercial General Liability
Coverage must be approved by City's Risk Manager prior to
commencement of performance under this Agreement.
ii. Transportation /Cartage Insurance All -risk. Coverage
must include loading, transportation, and unloading of the
Artwork. If the Artwork is to be loaded, transported or
unloaded by a person or entity other than the Artist, the
insurance coverage must cover that person or entity. The
minimum limit shall be the total amount of compensation
paid to Artist through the date of loading. The certificate of
insurance must be delivered to and approved by the City
before the Artist's Artwork is loaded.
iii. All Risk Installation Insurance. Coverage must include
physical damage to or destruction of the Artwork. If the
Artwork is to be installed by a person or entity other than the
Artist, the insurance coverage must cover that person or
entity. The minimum limit shall be the total amount of
compensation paid to Artist through the date of the
beginning of installation of the Artwork. The certificate of
insurance must be delivered to and approved by the City
before the Artist's Artwork is installed.
C. Endorsements. The policies required herein shall each be
endorsed with the following specific language:
The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as
additional insureds with respect to liability arising out of work
performed by or on behalf of the Artist.
13. INDEMNIFICATION
Artist shall indemnify, defend and hold harmless the City, its officers,
agents and employees (each a "Covered Party ") from and against all
liabilities,' obligations, losses, damages, judgments, costs or expenses
(including: legal fees a- nd costs) (collectively "Losses ") arising from, or in
connection with or' caused by (a) any personal injury or property damage
caused, directly or indirectly, by any. act or omission of Artist, its
SO COntractors,':agents or employees, including those that may be caused
during transportation or' installation of the. Artwork; or (b) any infringement
of the patent rights, copyright, trade secret or any other proprietary right or
trademark and all other intellectual property claims of any person or
persons in consequence of City's acceptance of Artist's work. Artist shall
have no obligation under this Section with respect to any Loss that is
caused solely by the active negligence or willful misconduct of a Covered
Party.
This indemnification shall survive the termination or expiration of this
Agreement.
14. ASSIGNMENT
The Artwork and services required of the Artist are personal and shall not be
assigned, sublet or transferred. Any attempt by the Artist to assign this
Agreement or any rights, duties or obligations arising hereunder shall be
void and of no effect unless prior written consent is given by City.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Artist and conclusively
shall. be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage
prepaid; first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Artist to City shall be addressed to
city at:
Steve Badum, Director
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: (949.) W-3311
Fax: (949) 644 -3318
Ali -notices, demands, requests or approvals from City to Artist shall be
16. TERMINATION
In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that
party shall be deemed in default in the performance of this Agreement. If
such default is not cured within a period of two (2) calendar days, or if
more than two (2) calendar days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to
cure. such default, the non - defaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving seven (7) calendar days prior written notice to Artist. In the event of
termination under this Section, City shall pay Artist for services
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satisfactorily performed up to the effective date of termination, consistent
with the schedule of payments set forth in Section 4.1 and Exhibit A.
17. INABILITY TO PERFORM AGREEMENT
If the Artist is unable, for any reason, to conceive, produce, or install the
Artwork as agreed upon (other than the inability of City to perform
hereunder), the Artist shall return all money paid to him. If any equipment
and /or materials have already been purchased, the Artist shall keep those
items and return the full Purchase Price to City.
In the event of death or disability of the Artist prior to installation of the
Artwork, the City may terminate this Agreement and receive a refund of all
amounts paid hereunder unless the Artist's executor proposed an
acceptable successor artist to complete the Artwork that is approved by
the City in its sole discretion.
18. TITLE AND OWNERSHIP
Title to the Artwork shall transfer from Artist to City upon the City's written
final acc iptaricer.and final payment of the Purchase Price as outlined in
Section, 4.1. Title transfer shalt be self- executing upon. City's payment.
Art ist grants City`title to and ownership of the Artwork, including the right
to_ reproduce the Artwork; and images thereof. City shall make reasonable
efforts to ensure that reproductions or publications that prominently
feature the Artwork contain a credit to the Artist.
In the event that City's use of the Artwork creates trademark, service mark
or trade dress rights in connection with the Artwork, City shall have an
exclusive and irrevocable right in such trademark, service mark or trade
dress.
The Artist is authorized to produce duplicates of the Artwork with the
specific permission of the City. The City agrees to comply with the
provisions of the Visual Artists Rights Act of 1990.
19. SIGNAGE
The City agrees to be responsible for the placement of a sign in
association with the Artwork in accordance with practices for the
identification of artworks in public settings.
20. DEACCESSION RIGHT
The City may remove the Artwork from the Site if it determines that the
Artwork represents a safety hazard in its present condition or cannot
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reasonably be restored to its original aesthetic integrity due to technical
difficulties or expense disproportionate to the value of the Artwork. The
City has no responsibility to restore, or replace the Artwork if it is
damaged. If the Artwork can be removed from the Site without the
destruction, distortion, mutilation or other modification of the Artwork, the
City shall notifyJhe Artist..of its intended action. Such notice shall be in
writing and sent by registered mail.to the Artist at the most recent address
of the Artist 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 as required by Paragraph
15. Within ninety (90) days after receiving such notice, the Artist shall
have the right to remove the Artwork or pay for its removal. If, however,
the Artist does not respond within the ninety day period or notifies the City
in writing, within the ninety -day period, or the waiver of said right, the City
may proceed with removal of the Artwork.
21. SITE PROTECTION
The City shall guarantee the integrity of the installation site essentially as it
is at the time the Artwork^ is placed. The City will not significantly alter
landscaping or other architectural elements so as to obstruct or deter the
View of the Artwork. Should the City deem it necessary to significantly
alter the site, i the Artwork may be relocated pursuant to the provisions
outlined,in Raragraph 22:
22. CHANGES IN LOCATION OR SITING
The City shall have the right to change the location or siting of the Artwork
when, in the opinion of the City, such a change is deemed necessary.
The City shall notify the Artist of any such change; such notification shall
be made before the change, if possible.
23. WAIVER
No waiver of performance by the City shall be construed to be or operate
as a waiver of any subsequent default of any terms, covenants and
conditions of this Agreement. The payment or acceptance of fees for any
period after a default shall not be deemed a waiver of any right or
acceptance of defective performance.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
11
herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
25. CONTROLLING LAW AND VENUE
This Agreement, regardless of where executed or performed, shall be
governed by and construed in accordance with the laws of the State of
California. Any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
R bin Clauson
City Attorney
for the City of Newport Beach
ATTEST:
By:�V I
LaVonne Harkless
City Clerk
ARTIST:
The Village Sculptor
CITY OF NEWPORT BEACH,
A MuniciDaWQmration
Mayor
for the City of Newport
Attachments: Exhibit A — Task and Payment Schedule
Exhibit B — Design Proposal
F:users/CAT /shared/AG/Artwork (PublicyDonna6igi/Revised Contract with Hank Kaminsky.doc
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Retainer:
EXHIBIT A
TASK AND PAYMENT SCHEDULE
Upon execution of the Agreement, City shall pay Artist $10,000.00,
which shall be used to perform the historical research necessary to
design the Artwork and to pay for any insurance policies required
under the Agreement.
Stage 1 (Initial Design):
Following completion of the data gathering process, Artist shall
design the graphic and a clay model of the Artwork.
• Artist shall submit photographic evidence of the clay model to
the City for approval.
• Upon approval of the clay model and graphic by the City
Council, City shall pay Artist the first installment payment of
$30,000:00.
• Deadline for completion of Stage 1 is December 1, 2007.
Stane:2 .(Final. Design):
Artist shall build a full -size clay piece of the Artwork.
• Artist shall submit photographic evidence of the clay master
pattern to the City Council for approval.
• Upon approval by the City Council, City shall pay Artist the
second installment payment of $30,000.00.
• Deadline for completion of Stage 2 is February 1, 2008.
Stage 3 (Casting & Installation):
Artist shall mold and cast the approved design in bronze finish and
install the Artwork at the Site on or before April 1, 2008. Upon the
City's final acceptance of the Artwork, the final payment of
$40,000.00 shall be due on May 1, 2008.
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Kaminsky Studio
808 S. Government Avenue
Fayetteville AR 72701
479.442 -5805
FAX 479 -442 63927
BILL TO
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Sculpture Services
Invoice
DATE
INVOICE #
1/23/2008
2007 -67
TERMS
QTY DESCRIPTION RATE AMOUNT
Payment for completion of Stage 2 (the clay stage) of the McFadden 30,000.00 30,000.00
Square sculpture project
Sales Tax. 9.00% 0.00
Total $30,000.00
McFadden Square Centennial.
Legacy Project Sculpture
Final Presentation of Clay
Master Pattern.
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Words to be Added'. in Smaller type
in the Sand of the Mold
just before pouring in Bronze
!McFadden Brothers
The Pavilion
The Islands:
Balboa, Bay,: Harbor, .
Collins, Little Balboa, Linda
and Newport Islands and
Lido. Isle
Newport Pier
Balboa Pier
The Dory
The Wedge
Rendezvous Ballroom
Newport Center and
Fashion Island
Fun Zone
Boy Scout Jamboree
site of first water to water flight
Balboa to Catalina
Madame Helena Modjeska
Newport Coast Annexation
Crystal Cove
The "Timeline
Corona del Mar