HomeMy WebLinkAboutC-3990 - Agreement for the McFadden Square Centennial Legacy Project Artworkr
CITY 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: jbarbier (aZcity.newport- beach.ca.us
Linda Katsouleas, Library Services Director (717 -3810)
email:. Ikatso u leas(& city. newpo rt- beach. ca. u s
SUBJeCT: Ifl CFA-0 $ NI SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL
OFTHE FINAL DESIGN AND PROGRESS PAYMENT.
LJ
..-eT a4��
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.
•
• i
Project Costs and Funding to Date: •
The total compensation to the Artist for the McFadden Square Centennial Legacy
Sculpture Project is $110,000.00. 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
$10,000.00 as 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.Costs:
Sta 3.. + a , Installation), Artist shall mold and cast the approved design in
br n : r %art frj tall:1he Artwork at the Site on or before April 1, 2008. Upon the
Ctyf `. ,ef
the Artwork, the final:payment of. $40,000.00 shall be due on
11eti:CtIE uie..
On ":der. r City Council Approved a Contract Agreement (C -3990)
°Agvee i"rit hel z". &rr the City of Newport Beach and Artist Hank Kaminsky for the
Nlcfadden Square Centennial Legacy Project Artwork ". City Council approved the
McFadden Square Centennial Legacy Project design and sculpture concept with
selected: artistisculptor 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
0
E
• (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
JankBgrbier, Cultural Arts Coordinator
(949) 717 -3870
x 44
-Ei'n-awKa&6u1easWbrary Director
(949) 717 -3810
•
0 0
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 808 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
8quere., 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 rive (5) feet in diameter with words and
images sculpted in tow relief on the surface which illustrate
the past, present and future of the City of Newport Beach,
California (hereinafter referred to as the "Artwork).
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
Arhkibrk in consultation with the City's Public Works Department,
and'Artiist shall supervise the installation.
• 2.4 ;AAsFt.S taU' provide required insurance in the amounts and limits
sifi`d 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
is
FA
0 0
five (5 %) percent of any balance due for every 30 days the •
Artwork's installation is not completed.
4. COMPENSATION TO ARTIST
City shall pay the Artist One Hundred and Ten Thousand Dollars and
no111f0 ($110,000.00), 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 Taxed. Any state or federal sales, use or excise taxes, or similar
,es. related to the services to be provided hereunder shall be
pai&by the City.
4.3 Seal: Security Number. The Artist agrees.to provide City with the
Atists' 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 •
3
0 0
• 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 Tho>Adipt will coordinate closely with the City to ascertain that the
SW
,,:i prelamd 'to receive the Artwork. Artist may not install the
ovort trriErl authorized 'to do so by the City.
• 6.3. Thpr,CUN. agrees to coordinate discussions with the Artist for the
eb�n:& any site preparation that is not a part of the Artwork
bid iWhfte$sary for its installation. The Artist will work with the City
in' deMgriing the placement of the Artwork at the Site and will
rhordtor 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
11
0
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
cleri g: formulas that. are necessary or desirable for good maintenance
a 4®r*ervaWn, „pract, s. The Artist will assist the City in establishing
aii>>e t�ve pr gf rri. 4f naintenance of the Artwork without additional cost
to.tte; City fora.period of 12 months.following final written acceptance.
Ttte ;City. shall .:taave.the,;right to.authorize maintenance and conservation •
praced�tres ,to be-.perfowmed 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.
u
5
11
0
• 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 Quality 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
werktnaristaip, including any.defests of "inherent vice" or qualities
t, Wt .;udlttae or accelerate deterioration of the Artwork; and (c)
i. "" " rrrairttr3ra nO6 of the Artwork will not require procedures
sviiW city in :excess of those described in the maintenance
• rftoii et lations to be submitted by the Artist to the City
hereunder..
11
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.
A
11
12.
• •
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.
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%Iqss=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 •
7
0
• 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 speck 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 indeymnify, defend and hold harmless the City, its officers,
agents and en�loyees (each a "Covered Party") from and against all
liabilities, obrigntions, losses, damages; .judgments, costs or expenses
(t 4 l g f t 16" and costs)- (collectively "Losses ") arising from, or in
• c n i Eton; r i or caused by 'Fa) any personal injury or property damage
catiOod, ' dirwctfy. ar indirectly, by any act or omission of Artist, its
subeontiadom agents or.enSployees, including those that may be caused
during tianspar on or installation of the Artwork; or (b) any infringement
of the patent:tights, 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.
U
is.
16.
i •
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) 644 -3311
Fax: (949) 644 -3318
All notices,: demands, requests or approvals from City to Artist shall be
addressed to Artist at:
M.(..Haf►li ,;Kaminsky
Te,Ul. Sgljptor
$QB:Gavtnoaerxt:i4venue •
Fettetltes Akaisas 72701
Phone:.(479) 442 -5805
Fax: (479) 442 -3927
TERMMATION
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 •
RI
• •
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
Tale t6 fho Artwork shall transfer from Artist to City upon the City's written
f#rFa[:ire, and final payment of the Purchase, Price as outlined in
7ri'tfli' , fransfer shall be self - executing upon City's .payment.
•te �Citjr titte to and ownership of the Artwork, including the right
to :,..ro tire:tlie Artwork, and images thereof. City shall make reasonable
....
0ff�A 'tb 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
speck 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
10
• i
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 notify the 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 notes 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 tirre thq.Artwork is placed. The City will not significantly alter
1ghdsea g;�or:,oth'erwchit�ctuaai elements so as to obstruct. of deter the
ui inr- ef''ttre_ AI'tgvcirzk. :Sh6uld the :City deem it necessary to significantly
at# 'r. t 'sites; ;Ahe Artwork may be relocated pursuant to the provisions •
�ttia d;ir Paragraph 22.
22. MANGES 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
n
U
E
•
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:
Rilbin Clauson
City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
ARTIST:
Hank Kaminsky
The Village Sculptor
CITY OF NEWPORT BEACH,
for the City of Newport Beach
Attachments: Exhibit A — Task and Payment Schedule
Exhibit B — Design Proposal
Pusers/CAT /shared /AG/Artwork (PublicyDonnaBigi/Revised Contract with Hank Kaminsky.doc
12
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. •
Stage 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.
•
13
0
0
EXHIBIT B
DESIGN PROPOSAL
Below is the proposed design of the Artwork; however, the words on
the sculpture will be unique to the City of Newport Beach and
representative of the City's "past, present and future."
14
McFadden Square Centennial
Legacy Project Sculpture
Final Presentation of Clay
Master Pattern
s
� IOW
�.
r+.. `fJ U r a , .�.- ''1 Sl l�xl. 1� a c ��°`✓ � x �y ` !J�'' 41 �I
a
ti
Ile
1
-
t n;
4i. f —64
� f S
,J
11�� rgk�JJSkV�i I��
„ a
1 �I
a } `
l
0
✓ \�v m! ��....���C�rs Y C• .�_ `�� .��� �5�� t �`�'� rrr_ y.r�
n Lc J
� � t
I Rs
Al
9 11 r
TIZf -
1
11 `� Q
pp ,.
r, Y
V
i
�rt
C� ,ate � — T Cmj2'%Yn ✓c y1a °'��. I�, � ,�� �.
f 2�s
ri
,Y
Y?' n[l�j�{ tP'�,`4 -.1. � � � j{f,�- � �- � g,__ - - _ , ��9��" � `'yi��;��� _ �- , •.
1�, ,iYtr 1
= t -
u
•
1,., 7i>il��}
r "�— � i( � yf Gcr'' � ✓� f9t��u � -•�'I t Y A �S �(y pq���� r� �1��.
t � , t�l IY[ � Y� F �� � _ ' � t t� �,Ya �• �� 4YrS 4���� 1 .�1� 1 1 1
-
lil
*4 —w P L1.�Pm
• L ,c I14�,
,
r i J
1:
f
I1
if t
ow� i Z,
{ d 4
r� �/�qpF'► f �.1/ `���, ���` x��itY`il�� ��1� �Ct��n 'LR �T `���. }��..rt� �M1f'y�+ -} � 1�, 5' 'a•
i-
r \
-q
---`fir-. - , � _ . .:;fib or_ -� • C - - - - -..__- _ ,�!.- :`f'��' _
Tf at: � ♦ .f. .r �
``,� yi �. j � - f t � -f a ro � � kr• i yr7� � 5]i% �'� a t 11 � f
_ '
CAI
jj
-
7� ��� 11 4 u r � �• haY `Y Er..,•
} 11 pp
�. -a +:F u _ �yi y` E r`� li r• 1��/l ii�
' I� � ✓ ''u ��� ^ili4 a r� if
ell
•�- — � � ,�i!�t�� " "� "' °��� �. _ s� , 1, �, ti .., -u �(Lj�i � r �. — ., �% � ,.
L
i1
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
' 0 0 C - 3910
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 234 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 808 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:
1. 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,
California (hereinafter referred to as the "Artwork).
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
4
five (5 %) percent of any balance due for every 30 days the
Artwork's installation is not completed.
3.3 Notwithstanding the foregoing, Artist shall not be responsible for
delays due to causes beyond Artist's reasonable control, including
delays caused by the City's approval process.
4. COMPENSATION TO ARTIST
City shall pay the Artist One Hundred and Ten Thousand Dollars and
no/100 ($110,000.00), 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 City 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.
S. 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.
3
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
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
Artwork until authorized to do so by the City.
6.3 The City agrees to coordinate discussions with the Artist for the
completion of any site preparation that is not a part of the Artwork
but is 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
4
• 0
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
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 are necessary or desirable for good maintenance
and conservation practices. The Artist will assist the City in establishing
an effective program of maintenance of the Artwork without additional cost
to the City for a period of 12 months following final written acceptance.
The City shall have the right to authorize maintenance and conservation
procedures to be performed on the Artwork, however, the City agrees to
make reasonable attempts to seek the advice of the Artist before
authorizing any procedures not specified in the Artist's maintenance
report. The City agrees further to use only qualified conservators and art
handlers in performing any conservation work.
B. 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.
A
r •
9. WARRANTIES
91 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 Quality 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, including any defects of "inherent vice" or qualities
that cause or accelerate deterioration of the Artwork; and (c)
reasonable maintenance of the Artwork will not 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 care 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.
0
0 0
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 Reauirements.
i. Commercial General Liability Coveraoe. 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 worts 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. Transoortation/Cartaoe 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
L
0
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 Artists Artwork is installed.
C. Endorsements. The policies required herein shall each be
endorsed with the following specific language:
The City, its elected or appointed offrcers, 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 and 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
subcontractors, 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 Artists 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 -Gass 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) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Artist shall be
addressed to Artist at:
Mr. Hank Kaminsky
The Village Sculptor
808 Government Avenue
Fayetteville, Arkansas 72701
Email: sculotor0kaminskv.com
Phone: (479) 442 -5805
Fax: (479) 442 -3927
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
E
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 acceptance and final payment of the Purchase Price as outlined in
Section 4.1. Title transfer shall be self - executing upon City's payment.
Artist 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
ius
• •
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 notify the 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, the Artwork may be relocated pursuant to the provisions
outlined in Paragraph 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:.X. 4,�
LaVonne Harkless
City Clerk
ARTIST:
Hank Kaminsky
The Village Sculptor
CITY OF NEWPORT BEACH,
A Munj.Cipal Cofporation
Steve Rosansky
Mayor
for the City of Newport Beach
Attachments: Exhibit A — Task and Payment Schedule
Exhibit B — Design Proposal
F: users/CAT/shared/AG/Artwork (Public)/DonnaBigi/Revised Contract with Hank Kaminsky.doc
12
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 day 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.
Stage 2 (Final Desionl:
Artist shall build a full -size clay piece of the Artwork.
• Artist shall submit photographic evidence of the clay master
pattern to the City for approval.
• Upon approval, City shall pay Artist the second installment
payment of $30,000.00.
• Deadline for completion of Stage 2 is February 1, 2008.
Stage 3 (Casdna & 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.
EXHIBIT B
DESIGN PROPOSAL
•
Below is the proposed design of the Artwork; however, the words on
the sculpture will be unique to the City of Newport Beach and
representative of the City's "past, present and future."
c7jl� 1100
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
October 23, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jana Barbier, Cultural Arts Coordinator (949- 717 -3870)
email: jbarbier Cwcitv.newport- beach.ca.us
Homer Bludau, City Manager (949- 644 -3000)
email: hbludau @city.newport- beach.ca.us
SUBJECT: MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT:
APPROVAL OF CONCEPT AND DESIGN;
DECISION ON SCULPTURE CONTRACT
RECOMMENDATION:
Approve McFadden Square Centennial Legacy
with selected artist/sculptor Hank Kaminsky of
Arkansas for a bronze sculpture and base and
contract changes, if needed, that do not affect
Mayor to sign the contract for $110,000;
M
Project design and sculpture concept
"The Village Sculptor' in Fayetteville,
authorizing the City Manager to make
the contractual price and authorize the
Approve McFadden Square Centennial Legacy Project design and sculpture concept
but await the bids on the hardscape portion of the project (set for November 27th
agenda) in order to determine the true costs of the project, prior to deciding whether to
proceed with contracting for the sculpture part of the project.
DISCUSSION:
Project History
In March of 2005, in response to the Centennial Committee's specific request, then
Recreation and Senior Services Director Marie Knight asked the Newport Beach Arts
Commission to assist with the development of a permanent legacy project to recognize
donors and to commemorate the City's Centennial. The project was designated to be
installed in McFadden Square, at the base of the Newport Pier. Arts Commission Chair
Kirwan Rockefeller compiled criteria for the project and solicited requests for proposals
W
McFadden SA Centennial Legacy Project
October 23, 2007
Page 2 .
from several architectural landscape firms in Newport Beach. Peridian International, Inc.
provided a design for the project and offered to donate design services.
In April of 2006, Mr. Rockefeller provided an overview of the design to the City Council
and Phase I was approved in concept. Newport Beach resident Bernie Svalstad was
asked to chair the McFadden Square Centennial Legacy Project fundraising committee
and library services /cultural arts staff was assigned to staff the project. Mr. Svalstad
coordinated a fundraising campaign and, in July of 2006 the fundraising committee
hosted a gala to introduce the project at the 21 Oceanfront restaurant. In June of 2007,
Kirwan Rockefeller and Bernie Svalstad presented an update on fundraising to the City
Council and the status of selecting an artist/sculptor for the bronze sculpture designated
in the design.
Sculpture Selection and Contract for Work
In February of 2007, the City of Newport Beach Arts Commission /ad hoc Public Arts
Committee issued a Request for Proposals from public artists proposing a sculptural
design for a bronze sculpture, the focal point of the McFadden Square Centennial
Legacy Project, commemorating the City's Centennial. Approximately 15 artists from
both local and international locations submitted proposals for a sculpture representative
of the project by May 1, 2007. After careful deliberation of each concept, design,
qualifications and budget, the Public Arts Committee selected Hank Kaminsky of "The
Village Sculptor" in Fayetteville, Arkansas to create a bronze sculpture and base.
Mr. Kaminsky's Artist's Agreement (attached) includes the shipping of one 5' bronze
sculpture, with full insurance, described as: "A bronze sphere 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, California." The contract includes a research
period before the sculpture is produced and also includes the artist's travel to install the
sculpture, the permanent installation of the finished sculpture, along with his attendance
at the dedication. The proposed budget for the sculpture is $110,000. Hank Kaminsky of
The Village Sculptor has presented an Artist's Agreement for the bronze sculpture,
stating payment terms and description of services (attached.) The contract has been
revised and approved for content by the City Attorney's office. Since the artist will
accrue expenses immediately in developing the model, a payment schedule is included
to provide regular payments totaling $110,000 throughout the sculpture creation
process. There may be a need for some relatively minor details to be changed in the
agreement to meet time frames, so the staffs recommendation is to authorize the City
Manager make such changes as long as the contract cost is not changed.
Project Definition and Construction
The Centennial Legacy Project is based on a timeless theme, and includes granite
benches and an historical walking path with markers of significant events from the past
100 years. Sponsors from $250 to $2500 will have their names engraved in the granite
• McFadden Square Centennial Legacy Project
October 23, 2007
Page 3
surrounding the walking path. Sponsors at the $5000 level will have their names
prominently engraved in granite on the top of the benches that encircle the outer edge
of the project. And $50,000 sponsors will be recognized at the base of the bronze
sculpture. The focal point of the project is a bronze sculpture representative of the
Newport Beach community and the centennial.
The Public Works Department worked with Peridian International, Inc. to put together a
set of plans and specifications so that the project could be advertised for construction
bids during the week of October 15th, with the bid opening date of November 15th
Council would then award the bid at its November 27th meeting. Given funding
availability, the project would be scheduled to break ground in February, 2008.
Given this schedule, the option is available to Council of determining the total cost of the
McFadden Square project prior to entering into the contract for the sculpture, if Council
determines it would be prudent to do so. That would mean holding off authorizing the
sculpture contract until the November 27th meeting so the contract could be considered
in the context of the cost of the overall project.
Fundraising and Total Project Cost Estimates
A Fundraising Campaign for the McFadden Square Centennial Legacy Project was
started in July of 2006 wherein the fundraising committee hosted a gala to introduce the
project at 21 Oceanfront Restaurant. Since that time, numerous mailings have been
coordinated to businesses and residents in Newport Beach and environs. A model and
renderings depicting the project have been on display at the Central Library and at City
Hall. Flyers, mailers, banners, certificates, postcards, posters and numerous press
releases and ads have been created and displayed. On September 28, 2007 the
fundraising group hosted a second gala at Harborside Restaurant and historic Balboa
Pavilion.
As of October 10, 2007, the McFadden Square Centennial Legacy Project has been
supported by over 400 individuals and businesses for a total funding of $346,467.
Expenses to date total $53,772. The balance of funds raised is approximately $292,695.
The fundraising group will be focusing on individual donors in the community for the
remaining funds necessary to build the project.
Staff obtained a cost estimate on September 28th for project work (does not include
sculpture cost) including the following: the demolition necessary for the project; the
installation of brick pavers; the installation for concrete (including sub slab), furnishing
and installing the granite tiles and stone, installing the benches, etc. The estimate totals
$709,000, including a 15% profit/overhead estimate and not including the sculpture
cost. Mr. Svalstad believes that cost estimate to be excessively high, and after talking
with some contractors who intend to bid on the project, he has obtained an estimate
which is in the neighborhood of $575,000 for both hardscape and the sculpture. He also
• McFadden Arre Centennial Legacy Project
October 23, 2007
Page 4
believes once the project is approved by Council and gets underway, there will be an
increased desire on the part of the public to contribute donations. Staff feels the need to
point out there is always the potential the City will have to pick up a project shortfall,
which at this time would be impossible to predict.
Prepared by:
Jana Barbier
Cultural Arts Coordinator
Submitted by:
yir.a/ ry ,
Homer Bludau
City Manager
•
Proposed Timeline
McFadden Square Centennial Legacy Project
General Building:
January
February 1
March
May
June 15
September 28
October 16 — Nov.
October 15
October 23
November 12 - 14
November 16
November 30
December 11
Fundraising
Locate architectural firms to do construction drawings
Architectural firms on board for construction drawings
Fundraising
Continue fundraising
Plans completed — committee review
Submit plans to city for approval
Fundraising event Harborside Restaurant, Balboa Pavilion
19 Contract bidding period
Permits approved by City
Council meeting, approval of selected artist
Approval from Coastal Commission
Open bids
Final bidder selected for project
City Council appropriate funds and awards construction
contract
December 12 Contractor orders granite for long lead times
February 4, 2008 Construction /demo to begin
April 15, 2008 Construction completed
Sculpture:
February 15, 2007
May 1
June 1
June 7 —August 15
August 15
October 23
April 15 — May 1, 2008
Last revision:
10/15/2007 9:19:40 AM
Prospectus to artists
Deadline for proposals
Select 3 finalists
Finalists travel to Newport Beach
Models submitted
Council approval of artist
Delivery of Sculpture to site
�McsF
acavProectr 4
r?
1
Secure your place are whgrrOw� . hfS t ®v� ®wy�
,Take advantage ofia "once a ;.century"
o ortunit to have,your name etth'ed m
pp Y
stone as part of this permanents P.ubhc Art
and` Wn o Beautification Pr ect
,,1 t
Donor recognition`opportunities for
individuals and businesses are available; . ;= .
fieginning'at $2500
For mope information, call the Arts & %Cultural{
s
Serv:ices,,office at:.(,949) 717= 3,870'or;uisit'thef k
website �tw,w,w:newportbeach100com _
0
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 808 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:
1. 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,
California (hereinafter referred to as the "Artwork').
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 installation by the Delivery Date set
forth herein, the Artist may request, in writing, an extension from
the City. The granting of any extension shall not affect any other
provision of this Agreement. If the Artist fails to complete
installation within the time set forth herein and any extensions
thereto, the City may at its option deduct five (5 %) percent of any
balance due for every 30 days the Artwork's installation is not
completed.
7
0 0
3.2 In order to receive payments as set forth above, the Artist must
submit a signed and dated invoice to the City for approval.
4. COMPENSATION TO ARTIST
As full payment for the Artwork and all rights described in this Agreement,
City shall pay the Artist One Hundred and Ten Thousand Dollars and
no /100 ($110,000.00), 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 City with the
Artist's correct social security number upon the execution of this
Agreement.
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
the City's objections and will notify the City in writing of completion
of the cure.
3
0 0
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
Artwork until authorized to do so by the City.
6.3 The City agrees to coordinate discussions with the Artist for the
completion of any site preparation that is not a part of the Artwork
but is 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
reasonable satisfaction of the City, it shall accept the Artwork and
notify the Artist in writing of its acceptance.
0
0 0
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 are necessary or desirable for good maintenance
and conservation practices. The Artist will assist the City in establishing
an effective program of maintenance of the Artwork without additional cost
to the City for a period of 12 months following final written acceptance.
The City shall have the right to authorize maintenance and conservation
procedures to be performed on the Artwork; however, the City agrees to
make reasonable attempts to seek the advice of the Artist before
authorizing any procedures not specified in the Artist's maintenance
report. The City agrees further to use only qualified conservators and art
handlers in performing any conservation work.
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.
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
0
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 Quality 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, including any defects of "inherent vice" or qualities
that cause or accelerate deterioration of the Artwork; and (c)
reasonable maintenance of the Artwork will not 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 Library Services Department.
Jana Barbier, Cultural Arts Coordinator, 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.
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.
R
• •
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.
L 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.
7
L
0
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 and 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
subcontractors, 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:
rl
0 0
City of Newport Beach
Central Library
Attn: Jana Barbier
Cultural Arts Coordinator
1000 Avocado Avenue
Newport Beach, CA 92660
Phone: (949) 717 -3870
Fax: (949) 640 -5681
All notices, demands, requests or approvals from City to Artist shall be
addressed to Artist at:
Mr. Hank Kaminsky
The Village Sculptor
808 Government Avenue
Fayetteville, Arkansas 72701
Email: sculptor(a-)kaminskv.com
Phone: (479) 442 -5805
Fax: (479) 442 -3927
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
satisfactorily performed up to the effective date of termination, consistent
with the schedule of payments set forth in Section 4.1.
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.
A
i •
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 acceptance and final payment of the Purchase Price as outlined in
Section 4.1. Title transfer shall be self- executing upon City's payment.
Artist 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
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 notify the 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
10
• i
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, the Artwork may be relocated pursuant to the provisions
outlined in Paragraph 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
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.
11
•
0
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:
Robin Clauson
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
ARTIST:
Hank Kaminsky
The Village Sculptor
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Steve Rosansky
Mayor
for the City of Newport Beach
Attachments: Exhibit A — Task and Payment Schedule
Exhibit B — Design Proposal
Fusers/CAT /shared /AG /Artwork (Public)/DonnaBigi /Revised Contract with Hank Kaminsky.doc
12
0
Retainer:
• s
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, City shall pay Artist the first
installment payment of $30,000.00.
• Deadline for completion of Stage 1 is December 15, 2007.
Stage 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 for approval.
• Upon approval, 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.
13
�Y -.Y f I '1�'f �'•�y)� {N.10 � � ���.1J,��jd ''y .
rat
y7s��,R`��-e� , a �sgiry'�f?5'A a
f�• 1. .� Y ��4�W 1 R i'�I �f 9�1�'I�F� k lS =.
P�,Nslly
808 S. GOVERNMENT AVE
FAYETTEVILLE, AR 72701
4M412.5805
vulptor@kaminsky.com
w ..sculptor kammsky.com
Valley House, Dallas TX
resume
gallery representation
education
1983 -85 University of Arkansas, B.A. with High Honors in Art
1963 -65 Pennsylvania Academy of the Fine Arts under Harry Rosen, Paul Anthony
Greenwood and Walker Hancock. Full tuition scholarship
1962 New School for Social Research under Seymour Lipton.
1961 -62 Art Students League under Jose de Creeft and John Hovahness.
1956 -61 Queens College, Flushing, NY with Elias Freidensohn and William Kreuger
commissioned sculpture and public art
2005 "Portal" a sculpture for the Ozark Woodland Sculpture Garden, a program of the
University of the Ozarks (to be destroyed 2006 due to demise of the garden)
2003 -04 Fountain sculpture for Washington Regional Hospital, Fayetteville AR
Contact Bill Rogers, foundation director 479- 713 -1711
2002 -03 Fountain sculpture for city of Clinton. Arkansas
Contact. Roberta Katz- Messenger, Director 501- 745 -4589
2001 -02 World Peace Prayer Fountain sculpture for the city of Fayetteville AR.
Installed December 31, 2002 at Town Center on the Square
Contact. Marilyn Johnson. Director 479- 587 -9944
2000 Fountain sculpture— Arsagas Block Street Bakery, Fayetteville, AR.
Contact- Cary Arsaga 501 -442 -7768
1999 -02 Series of tabletop fountain sculptures sold through galleries and decorators.
1999 Grave Marker for Virginia Jackson at Mount Comfort Cemetery,
Fayetteville, AR.
1998 Peace Rock —a private peace memorial at the home of Professor
James R Bennett in Fayetteville AR. Contact: Dick Bennett 501- 442 -4600
1997 "The Miracle of the Double Helix" monumental bronze sculpture of
a symbolic DNA molecule made of words installed at University of Arkansas
for Medical Sciences, Little Rock, AR.
Contact. Harry Ward, former Dean UAMS, Little Rock
1992 Bronze Donor Stars and sidewalk design for the Arts Center of the
Ozarks "Walk of Stars," Springdale, AR. Contact Kathy Blundell, 501 - 751 -5441
1992 Door Handles for KFSM -TV Fayetteville and Fort Smith, AR
1991 "Business For The Arts" Award, Chamber of Commerce, Fayetteville, AR.
commissioned sculpture and public art cont'd
1990 Set of Communion Vessels and Candle fixtures for the First United
Presbyterian Church, Fayetteville, AR.
1986 "Islands in the Sea" for Temple Shalom, Fayetteville, AR.
1986 "Yahrzeit" for Temple B'nai Israel, Little Rock, AR.
1965 "Eternal Light' and "Burning Bush" for Eisendrath Memorial Chapel
Kresgeville, PA.
commissioned portrait and figurative sculpture
2006 Bronze Bust of Ralph Martin for the Ralph Martin Chemical Engineering Dept.
University of Arkansas, Fayetteville AR
2006 Bronze Bust of Dr. Fay Boozman for the Fay Boozman College of Public Health,
UAMS, Little Rock AR
2003 Double bust of Bob and Marylin Bogle for Womens Athletic Center University
of Arkansas, Fayetteville AR. Contact Bev Lewis 479 - 575 -4959
2001 Sculpture of a Razorback Hog for the University of Arkansas, Fayetteville AR.
Contact: Charlotte Taylor, 501- 575 -7384
2001 Bust of Alice L. Walton for Northwest Arkansas Regional Airport
Contact: Scott Van Laningham 501- 205 - 1000, x2228
2001 McClinton Fountain of Education, Fayetteville AR.
Contact: Roy Carr, 501 - 973 -8629
1999 Portrait bust of Sam Walton for Walton College of Business Administration,
Fayetteville, AR. Contact: Donnie Williams, 575 -5949
1997 High Relief portrait plaque honoring Louise Bell at Fayetteville High School,
Fayetteville, AR. Contact: Principal, Fayetteville High School
1996 Medal of the Dale Bumpers College of Agricultural, Food and Life
Sciences, Fayetteville, AR, Contact: Dean of the College of Agriculture UAF
1995 Bronze Double bust of Pat and Willard Walker, Arkansas Cancer
Research Center, Little Rock, AR.
1995 Bronze bust of Leland Tollett, Center of Excellenoe in the Poultry
Sciences, University of Arkansas, Fayetteville, AR.
1995 Bronze bust of Deane R. Boswell, Bryant Civic Center, Bryant, AR.
1994 Bronze Bust of Wilbur Mills now in 18 copies including one at the State
Capitol Little Rock AR. and other areas in Arkansas and in Washington, D.C.
1993 Engineering College Medal, University of Arkansas
1991 Double Portrait Bust of Bernice and Harvey Jones for Jones Eye Institute,
Little Rock, AR.
1991 Fulbright College Medal, University of Arkansas
1990 High relief portrait of Senator J. William Fulbright and monument design for
City of Fayetteville, AR.
1989 James Hudson Pride Award, Hudson Foods, Rogers, AR.
1989 Plaque for Nettie Boles photograph, University of Arkansas
1988 Relief portrait of O.C. Bailey, University of Arkansas
1987 Fulbright College Scholars Medal, University of Arkansas
1987 Bust of Irma Giffels, University of Arkansas
1987 -2005 More than 900 private portrait commissions in the Mid -South region.
1986 A relief portrait of George W. Combs, University of Arkansas
3
selected juried and invitational exhibitions
1990 Hendrix College Sculpture /Drawing Invitational, Conway, AR.
1986 All Arkansas College and University Art Exhibition,
Arkansas Art Center, Little Rock, AR.
1986 -87 Faculty Show, University of Arkansas, Fayetteville, AR.
1985 Governors Exhibition, Little Rock, AR.
1984 "Currents 84," Hot Springs, AR.
1982 -85 The Sequoyah Show, University of Arkansas, Fayetteville, AR.
1979 -80 Prints, Drawings and Crafts Exhibition, Arkansas Arts Center, Little Rock, AR.
1977- Portfolio File of the American Crafts Council, New York
1978 "Craftsmen of the Southeast," Birmingham Museum, Birmingham, AL
1976 -81 Distinguished Artists Exhibition, Little Rock, AR.
1976 -77 Eureka Artists Traveling Exhibition, Arkansas
1970 "Museum -A Project of Living Artists," New York City
1968 Audubon Artists Show, National Academy of Art, New York City
1967 -69 Brata Gallery, New York City
1966 -67 Robert J. Schoelkopf Gallery, New York City
1966 Poindexter Gallery, New York City
1964 The Philadelphia Gallery, Philadelphia, PA.
1964 Pennsylvania Academy of the Fine Arts, Philadelphia, PA.
1963 -64 Hinckley and Brohel Gallery, Washington, DC.
1961 -63 The Drawing Shop, New York City
selected solo exhibitions
1993 Art Center of the Ozarks, Springdale, AR - Inaugural Show
1989 Itawamba Community College, Fulton, MS.
1985 University of Arkansas Union Gallery, Fayetteville, AR.
1984, Fort Smith Art Center, Fort Smith, AR.
87,91
1983 Arkansas Arts Council's gallery, Little Rock, AR.
1979 Arkansas Territorial Restoration gallery, Little Rock, AR
selected awards
2004 Arkansas Peace and Justice Heroes Award, Omni Center for Peace, Justice
and Ecology, Fayetteville, AR
1997 Lay Service Award, Fayetteville Education Association
(for work with High School students)
1993 Certificate of Recognition, State of Arkansas (public service to the state)
1986 High Honors in Art, University of Arkansas, Fayetteville, AR.
1985 Harold Hantz Award (for paper below), University of Arkansas, Fayetteville, AR.
Arkansas Arts Council Grant for Sand Casting Paper
El
awards cont'd
1983 Yoes Memorial Scholarship, University of Arkansas, Fayetteville, AR.
1983 David Durst Award, University of Arkansas, Fayetteville, AR.
1983 Award of High Achievement, Symphony Guild Annual Fair, Denver, CO.
1981 Award of Merit in Jewelry, Arkansas Arts, Crafts and Design Fair,
Little Rock, AR.
1977 Award of Excellence, Mid -South Craft Fair, Memphis, TN.
1977 Purchase Award, Septemberfest, Midland, TX.
teaching experience
2006 Sculpture instructor, University of Arkansas, Fayetteville AR
2005 Visiting Artist, Ozark Woodland Sculpture Garden, University of the Ozarks
2005 Workshop in sand -matrix design for students and teachers of Northwest Arkansas,
with exhibition, Walton Art Center, Fayetteville AR
2001 -03 Supervised internships for graduate students from the U of A Fayetteville
art department in studio.
2002 Visiting Artist, Ozark Sculpture Garden
2000 Visiting Artist Kansas City Art Institute Kansas City, MO.
1994 Lecture - Demonstration, Oklahoma Sculpture Society, Oklahoma City, OK
1994 Adjunct Assistant Professor of Art, University of Arkansas, Fayetteville,
Granted graduate status 2001
1993 Rogers Art Guild, Rogers AR Lecture- Demonstration
1993 -00 Established with JoAnn Kaminsky: "The Art Experience" a Fayetteville
Arkansas Community Art School, taught Studio Sculpture Classes.
1989 Portrait sculpture and metal casting workshop, Itawamba Community
College, Fulton, MS
1989 Lecture- Demonstration, Branson, MO.
1989 Lecture- Demonstration, Springfield Art Museum, Springfield MO.
1988 Portrait sculpture workshop, McAlester, OK.
1983 -88 Adjunct Assistant Professor, University of Arkansas
1979 Instructor, SWEST Annual Casting School, Dallas, TX.
1968 -70 Private studio sculpture classes, Great Neck, NY.
1967 -70 Technical Assistant and facilities manager, Cooper Union, New York City
1964 -68 Sculpture Counselor, Lincoln Farm Camp, Roscoe, NY.
5
My earliest work and educational experience is in the field of science and particularly
electronics. I have worked as a test engineer at Hazeltine Electronics, American Bosch Arrna Corp.
and at S &M Products Corp. in N.Y.C. (where I helped design a goff playing machine). My interest in
the technology of art is reflected in my work at the Cooper Union in NYC (where I was employed as
the facilities manager for the sculpture and architecture technical studios from 1967 -1970) and
before that at Queens College where I served as ceramics technician while a student there. I
operated a bronze foundry in my home and on one of my two European trips. Sinoe 1971 1 have
been working with a technique I call °Sand -Matrix Design." An example of this technique can be
seen in the sculpture "Miracle of the Double Helix" which I installed in 1997 in Little Rock at the
University of Arkansas for Medical Sciences and more recently the World Peace Prayer fountain
sculpture as mentioned below.
I put myself through art school in Philadelphia by operating a service for sculptors. I have
helped to form several organizations including the Brooklyn Free Press (a printing shop in New
York), the "Museum -A Project of Living Artists," (a very large cooperative gallery in New York in the
late 60's), The Eureka Brotherhood Cooperative and The Eureka Springs Guild of Artists and
Craftspeople, both in Eureka Springs, AR. I was a founding member and first Vice President of the
Artists of Northwest Arkansas.
My business experience includes The Great Eureka Forgery (research and marketing of
sandcast metals), A Show of Hands, Inc. (a crafts gallery in Eureka Springs, AR) and the Kaminsky
Limited Partnership (a gold and gemstone business) in the late 70's. From 1992 to 2001 my wife
and I operated a community Art School in Fayetteville AR called "The Art Experience" which also
housed her art therapy and counseling office, my sculpture studio and the sculpture services
business.
In 2001 1 moved my studio to a new, much larger building, which 1 call °The Village
Sculptor." In this 6000 square foot studio the World Peace Prayer fountain was produced. This
spherical bronze fountain is covered with the words "May Peace prevail on Earth" and sits at the
Town Center in Fayetteville, Arkansas. It was completed and installed on New Years Eve 2002. The
studio now serves as a facility capable of both large and small productions. In 2004 1 completed a
large scale fountain sculpture project for the Washington Regional Hospital in Fayetteville, AR.
Then followed a 2 year period concentrating on personal works intended for gallery exhibition.
I am currently working on a variety of proposals including one for the corporate community called
"The Sculpture of Corporate Citizenship" This work incorporates words and images that deal with
corporate ethics.
HANK KAMINSKY
808 SOUTH GOVERNMENT AVENUE ■ FAYETTEVILLE. AR 72701 ■ TEL 479 -442 -5805 ■ FAX 479- 442 -3927
E -MAIL SCULPTORQKAMINSKY.COM ■ VVWWSCULPTOR.KAMINSKY.COM
Top::. .. 2002 Fayette: . J 'Dia Bottom kR Rae P4dc 1998.
� colecnon. core+ 4' . 2 . 3'. Bottom r ,rc 'ip;a Pe c Prow Fo ,, (detai). PnetorNft:1 ^ BaaeF.
The World Peace Prayer
Fountain Sculpture
Fayetteville, Arkansas 2002'
One of those rare monuments to peace,
rather than war, the 10 -foot diameter
bronze globe "floats" on a reflecting
pool. Sculpted in relief on its surface is
the phrase, "May peace prevail on earth"
in over 100 languages.
Hand lettered in clay at full size, cast into
manipulated sand molds in 42 sections,
the sculpture took a crew of twenty 16
months to complete.
Cast bronze and water
r�
A�
T\7�\
The Miracle around with a badge and a notebook
�~ of the Double Helix gathering words for the surface.
University of Arkansas Medical School
Little Rock, Arkansas This sculpture was the result of a three-
pear process as the institution and the
lust as the DNA molecule contains the artist learned how to work together to
code of life, this sculpture contains the produce the right symbolic work for the
.'code" of the medical school. site.
The process of placing sculpture in public Bronze cast in manipulated sand molds
places is a dialog between the community with ferric and sulphate patinas
and the artist. I use an ethnographic Granite
process to find the meaning for the
sculpture understood by the community.
At this hospital /school 1 did a series of
interviews, meetings and just wandering
r
Words for Healing
Washington Regional Hospital,
Fayetteville, Arkansas
Words emerge from the falling water as if
they were a part of the earth itself.
A small group of hospital administrators,
medical staff and donors met with the
artist to talk about their feelings about
the sculpture and its meaning in the
hospital community with particular
relationship to the donors and their place
in the hospital and larger community.
We gathered words which were used in
the sculpture: "Words for healing "...
Bronze cast in manipulated sand molds
Water, local natural stone, koi
r.
Nor
t • MI M •
Cloud Language
The angels, you know, speak in a more
visual, less verbal language. Even we
may be the utterances of angels.
One of my favorite poets, Rilke, asks
in the 9th Duino Elegy for us to speak
to the angels: "Speak to them things,"
he said, "they'll stand amazed as once
you stood beside a potter by the Nile
or a weaver in ancient Rome" I have
made these sculptures as tributes to
that notion. They are pictures of what I
dream the angels say to us.
Variation 2
Bronze, steel with rust patina
One of 6 projected variations
In a Mountain Valley
Seen from a satellite image this steep
valley in the Andes Mountains of Peru
seems covered with tiny structures that
are perhaps libraries, places where some
knowledge is stored. The mountains
themselves almost seem manmade. That
they are deliberate structures has been
debated.
Major fault lines and other geologic
structures are offered acknowledgement
and in some places, it seems, worship.
Version 1 (with poem by Miller Williams)
Bronze, steel with rust patina
One of 6 projected variations
� '16'1
J�
Solemn Mountain
A single upthrust mountain, huge,
strong, flat topped like Acoma, large
features visible from a distance. A sacred
place.
Up close it is like a satellite view; a map
of a city or perhaps planted forests. The
words of Dr. King's Vietnam speech rise
like grainaries on the floodplain. They
appear and dissappear in and out of the
plane, structures which are words.
Variation I
Cast bronze in manipulated sand molds
Steel with rust patina
I
t
,i•� �.j jif
L
The Anvil Series
The name of this group of sculptures
refers to their shape. They came about as
a gift from the process of casting metal.
Each of these pieces is a slice from a
defective casting of the sculpture called
"Solemn Mountain," which was about to
be fed back into the furnace. I thought
that they were so interesting as miniature
landscapes that I decided to honor them
with pedestals.
Bronrx, steel, unique
The Manhole Cover Series
Perceive the world! Even in the most
common places there is a chance to
suddenly perceive new information.
There, written into the ground itself, the
words of the Peace Prayer.
In this version I have mounted the piece
on a Pedestal that connects in with the
earth in a different way. The letters are
hand - formed in clay, then cast in bronze
in sand molds. These pieces are subject to
variations — I enter the open sand mold
and play with various forms and letters.
This one is written with both Hebrewand
Arabic, as well as Spanish and English. I'd
love to drop one of these in a manhole in
Jerusalem.
Version I
Sand cast bronze
Steel with rust patina
�I
r•
J
A Brief Essay on Medicine
This work comes from a sculpture that 1
made several years ago for the University
of Arkansas Medical school in Little
Rock, a work called "The Miracle of
the Double Helix" 1 kept this flawed
fragment in the studio a number of
years and was always looking for a way
to display it. In this construction I have
enshrined it in a different attitude.
Bronze, steel, unique
rl yiu d XM
� sa -
Y
' r .
The World Peace
Prayer Fountain Sculpture
Commissioned in 2000 for installation at
the new Fayetteville, Arkansas Town Center, the
10 -foot diameter bronze globe "Floats" on a
reflecting pool. Sculpted in relief on its surface
is the phrase, "May peace prevail on earth" in
over too languages. Water flows gently across
the letterforms from the top, suggesting the
unifying power of human compassion. Give the
sphere a push to the right and it will rotate, like
the earth spinning on its axis.
I
�. • L
i
Yyy ti •
r
Y 6
Hank Kaminsky is a New York City native
with extensive formal education (more than 10
years) as a sculptor. He finds his inspiration in
the natural world, so in 1971 he relocated to
Eureka Springs, Arkansas. Today, he leads a
team of sculptors in a 6,000- square -foot studio
and foundry located in nearby Fayetteville.
Kaminsky is recognized for his synthesis of
spiritual energy and raw organic form. His
work adorns thousands of private collections
and public spaces. �V
809 Government Avenue
Fayetteville, AR 72701
479- 442 -5905
www.sculptor.kaminsky.com
ki
�T
F.
f
i I� yf
The World Peace Prayer Fountain Sculpture
began as potter's clay - more than four tons -
hand formed over a welded steel armature. A
team of sculptors then spent a combined 8,000
hours working the sphere with letters in relief,
from translations provided by the World Peace
Prayer Society.
After molds were taken from the clay form,
42 bronze segments were poured in the studio's
foundry and assembled into the finished four -ton
sculpture. The piece was then transported on a
Flatbed truck one mile for installation at the
downtown Fayetteville Square.
When the sculpture was complete, the original
clay was allowed to shrink on the armature,
breaking into over 800 pieces. Each fragment was
fired and mounted so that art lovers, collectors,
and peace advocates alike would be able to share
the spirit of Kaminsky's art by displaying their
own unique sculpture.
The fragments are individual expressions of
the sculptors' constant hours, days, weeks and
y
months of physical effort - a focused outpouring
of prayer in human activity ... a living symbol of
the world's aspiration for peace.
Own a Fragment of Peace.
You're being offered a rare opportunity to
make this exquisite original work of art part of
your life. A portion of the proceeds from each
fragment sale benefits the World Peace Prayer
Society. To learn more, visit www.worldpeace.org.
Hank Kaminsky has been a sculptor since 1959: he trained in the classical
figurative tradition at New York's Art Students League and the Pennsylvania
Academy of the Fine Arts. In Arkansas he is best known for his World Peace
Prayer fountain on the Fayetteville Square. He has also completed a number
of formal portrait busts including a series for the University of Arkansas and the
bust of Wilbur Mills in the Arkansas State Capitol Building
The Mantelpiece Portrait is a three - quarter life -size sculpture appropriate for
the home. It is finished in bronze or cast stone with lively surface modeling,
and is mounted on a wood or marble base. Kaminsky developed the idea for
the Mantelpiece Portrait from his sense of a place for portrait sculpture in fam-
ily life: these portraits combine his talent for achieving a likeness with the
budget concerns of the family.
Although Kaminsky has sculpted many portraits of adults. the Mantelpiece Por-
trait is especially suited for children for whom sitting still is difficult. He is skilled
in making a child comfortable, while working quickly to capture his/her vitality in
clay. The sitter is required for only a one -hour session. The rapidly done clay
impression is developed later in the studio from photographs taken at the sit-
ting. A second short "approval sitting " - -often as soon as the next day, com-
pletes the process. Working at locations ranging from art galleries to jewelry
stores. Kaminsky has made more than a thousand of these portraits in the mid -
South region since 1984.
The Life -size Finished Portrait in bronze is a more traditional portrait sculp-
ture. The traditional method commonly requires many hours of sitting. However
Kaminsky has devised a way to combine the many advantages of his Man-
telpiece portraits with the requirements of
these life -size sculptures.
He asks the sitter to pose for several short
one hour sessions, working in clay from
life each day for three days. Then working
�t from photographs, Kaminsky develops the
clay work between sittings. After approval
of the clay work he returns the sculpture
to his studio for casting in plaster, a transi-
tional material. The surface of the plaster
is then carved, filed and sanded smooth,
each feature of the face is carefully
formed. Another mold is taken and the
sculpture is cast in bronze.
For more information call Hank directly
at 479 -442 -5805 or write him at 808 S.
Government Ave, Fayetteville, Arkan-
sas 72701. Go to:
www.sculptor.kaminsky.com for more
information about the studio
The tradition of the portrait sculpture
reaches back to pre - history. For centuries it
has been used to preserve the memories of
cherished and honored individuals. Now it
has become a unique way to capture family
history or to express high regard for those
we admire.
A portrait sculpture is a story told about a
person in clay and cast in bronze or stone
by an artist. Each bit of clay represents one
more word in this personal story as it is r j
lated by the sculptor.
Hank Kaminsky believes
that the old world tradition
of the portrait sculpture
should be available to
families. His portraits of
adults and children pre-
serve the aspirations and
vitality of the family.
Gaining access to a por-
trait sculptor has never
been easier. Now a sculp-
ture studio is available at
your request. Aa bronze
"Mantelpiece Portrait" may
be done of you or your
child from life by sculptor
Hank Kaminsky.
A Portrait is a Story Told by an Artist
X
w0
...to preserve the Aspirations and Vitality of the Family