Public Art Water Plant
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AGREEMENT RELATING TO SALINA WATER TREATMENT PLANT
PUBLIC ART
This Agreement is entered into thi~ay of June, 2005, by and between the
City of Salina, Kansas (the "City") and Kent Williams d/b/a Kent Williams
Environmental Design ("KWED").
A. The City's governing body has authorized the creation and installation of
public art at the City's Water Treatment Plant based upon a design presented by KWED
and approved by the governing body, including a tubular sculpture component ("Tubular
Sculptures") and a basin sculpture component ("Basin Sculptures").
B. This Agreement is for the purpose of addressing (I) materials, fabrication,
painting, script design, delivery, and payment for the Tubular Sculptures and (2)
materials, fabrication, painting, delivery, installation, and payment for the Basin
Sculptures.
THE PARTIES, therefore covenant and agree:
TUBULAR SCULPTURES
1. Cost. KWED shall be responsible for materials, fabrication, painting,
script design, and delivery of the Tubular Sculptures for an amount not to exceed $54,940
as detailed on the attached and incorporated Exhibit A.
2. Payment. Upon signature of this Agreement, City shall pay, based upon
KWED's invoice, a partial payment in the amount of $26,470 for the purpose of initiating
the project. The balance of payment shall be made within ten days of receipt ofKWED's
final invoice, which shall follow (a) delivery of the Tubular Structures by KWED and (b)
written notice by the City to KWED of the City's acceptance of the Tubular Sculptures.
3.
shall be:
Schedule. The anticipated schedule for delivery of the Tubular Sculptures
a. Two weeks trom receipt of partial payment for delivery of materials to KWED.
b. Twelve weeks from delivery of materials to KWED for fabrication and
delivery of sculptures to City.
4. Delivery. KWED shall deliver the Tubular Sculptures to the Salina
location designated by the City.
5. Acceptance. The City shall inspect the Tubular Sculptures upon delivery
and shall provide KWED with either a written acknowledgement of acceptance or the
basis of rejection of part or all of the Tubular Sculptures.
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6.
Sculptures.
Installation. The City shall be responsible for installation of the Tubular
BASIN SCULPTURES
7. Cost. KWED shall be responsible for materials, fabrication, painting,
delivery, and installation of the Basin Sculptures for an amount not to exceed $64,000,
based upon the following estimates:
Basin A - Full Sculpture
Basins B, C, & D. - Segmented Sculpture
Basins A-D - LED Halo lllumination
Contingency
Total not to exceed
$19,000
11,000
27,000
7.000
$64,000
8. Payment. City shall pay, based upon KWED's invoice, a partial payment
in an amount pre-approved by the City's Utilities Director for the purpose of initiating the
project. The balance of payment shall be made within ten days of receipt ofKWED's
final invoice, which shall follow (a) delivery and installation of the Basin Structures by
KWED and (b) written notice by the City to KWED of the City's acceptance of the Basin
Sculptures installation.
9. Schedule. The anticipated schedule for installation of the Basin
Sculptures shall be:
a. Two weeks trom receipt of partial payment for delivery of materials to KWED.
b. Twelve weeks from delivery of materials to KWED for fabrication, delivery,
and installation of sculptures.
10. Delivery and Installation. KWED shall deliver and install the Basin
Sculptures. The City shall be responsible for the electrical service and connection to the
LED halo illumination for the Basin Sculptures.
11. Insurance Requirements. For the reason that KWED shall be
responsible for installation of the Basin Sculptures on property owned and managed by
the City, KWED shall meet the City's standard Contractor's Insurance Requirements set
forth on the attached and incorporated Exhibit B.
12. Acceptance. The City shall inspect the Basin Sculptures upon completion
ofKWED's installation and shall provide KWED with either a written acknowledgement
of acceptance or the basis for rejection of part or all of the Basin Sculptures.
GENERAL PROVISIONS
13. Non-assignable. This Agreement is unique to KWED and, therefore,
shall not be assigned by KWED, either in whole or in part.
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14.
Agreement.
Applicable Law. Kansas law shall apply in all matters pertaining to this
15. Extent of Agreement. This Agreement represents the entire and
integrated agreement between the parties and supersedes all prior negotiations,
representation, or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties.
16. Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the parties and their successors, heirs, beneficiaries, and personal
representatives.
EXECUTED by the parties as of the day and year flfSt above written.
CITY OF SALINA, KANSAS
By ~p~
Deborah P. Divine, Mayor
ATTEST:
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KENT WILLIAMS d/b/a KENT
WILLIAMS ENVIRONMENTAL DESIGN
By:
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