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HomeMy WebLinkAboutSupporting docs and graphicsFACILITATOR AGREEMENT FOR KOREAN WAR MEMORIAL SITE This Facilitator Agreement for a Korean War Memorial Site ("The Agreement") is entered into this a,5 1" day of July, 2006, by and between the CITY OF LITTLE ROCK, ARKANSAS ("The City"), a municipal corporation of the first class duly organized pursuant to the laws of the State of Arkansas, as facilitator, and ARKANSAS KOREAN WAR VETERANS' MEMORIAL FOUNDATION ("The Foundation"), a private foundation established and operated pursuant to the laws of the State of Arkansas, as coordinator. 1v.•/_YMUJ.XyONIV, 9 WHEREAS, the City is authorized by state law to make improvements to its public property and to contract for construction of those improvements, and WHEREAS, the Foundation desires to construct an Arkansas Korean War Veterans Memorial ("The Memorial") for public viewing at the City's MacArthur Park approximately eighty (80) feet east of the MacArthur Park Arsenal Building and Military Museum, and WHEREAS, the Foundation is willing and able to construct the Memorial at no cost to the City, using only private funds donated to the Foundation for the Memorial project, and WHEREAS, after the project is completed and all project invoices have been paid, the City is willing to accept the Memorial as a'donation, dedicate it for public use and enjoyment, and manage it as part of the City's Parks and Recreation system, and WHEREAS, the City and the Foundation wish to set forth the terms and conditions of this endeavor to assure that the location, construction and dedication of this Memorial will be under terms and conditions desirable and necessary for both parties. NOW, THEREFORE, IN CONSIDERATION OF _ THE COVENANTS SET FORTH BELOW, LET IT BE AGREED BY BOTH PARTIES AS FOLLOWS: ARTICLE I. MEMORIAL SITE Section 1.01. Permission to Construct Memorial on City Proyerty. For the consideration, uses, purposes, covenants and prerequisites set forth in this Agreement, the City hereby authorizes the Foundation to construct the Memorial as depicted in, or substantially similar to, the drawing identified as Attachment A, attached hereto and by this reference made a part of this Agreement, on city property at a location described as approximately eighty (80) feet due east of the MacArthur Park Arsenal and Military Museum upon a footprint more particularly described in Attachment B, attached hereto and by this reference made a part of this Agreement ("The Project Site"). Korean War Memorial Site LR 07-17-06 Section 1.02. Dedicated for Public Use. The City covenants that the Project Site is located within a Little Rock park, dedicated for public use as part of its Parks and Recreation system, and that as a matter of public policy, the Project Site is not subject to statutory liens. Section 1.03. Reservation of Rights. The City hereby reserves all right, title and interest in the real property of the Project Site as part of its Parks and Recreation system. Section 1.04. Access to Project Site and Protection of Premises. During the term of this Agreement, or until project completion or earlier termination of this Agreement, Foundation is granted reasonable access to the Project Site for construction purposes and is granted permission to store, at Foundation's own risk, construction equipment and materials within twenty (20) feet of the Project Site ("The Construction Premises"), only if such use does not interfere with public access to existing park facilities or cause damage to trees or other park property. Foundation shall be responsible for the repair of any damage to the Construction Premises caused by its employees, contractors or subcontractors. Section 1.05. Acceptance. The Foundation accepts the Project Site as the Memorial site in an "as is" basis, and the City shall have no obligation to modify, alter or prepare the site for construction of the Memorial. ARTICLE H. TERM AND CONSIDERATION Section 2.01. Term. The term of this Agreement shall begin on the Execution Date and, if not otherwise terminated earlier or extended pursuant to this Agreement, shall continue for a two (2) year term. Section 2.02. Option to Renew. This Agreement may be renewed for one additional two (2) year term by written agreement of the parties prior to the expiration of the initial term. Section 2.03. Consideration. As consideration for permission to construct the Memorial on the designated footprint in MacArthur Park, the Foundation covenants: (a) To manage the Memorial project and enter contracts for construction of the Memorial in strict compliance with all laws, ordinances, rules regulations and other matters having the force of law, enacted, promulgated, or amended, by the City, Pulaski County, the State of Arkansas, or the -federal government, as to all matters pertaining to the Project -Site and construction of the Memorial on public property, including but not limited to Arkansas contractor licensing requirements, engineer oversight requirements, Arkansas minimum prevailing wage requirements and MacArthur Park Historic District Commission approval. (b) To pay all costs associated with Memorial plan development, Memorial construction and Construction Premises clean up, using private funds donated to the Foundation in support of the Memorial project. (c) To require Performance and Payment Bonds and Commercial General Liability Insurance Certificates from the project contractor, issued by a surety company or insurance company authorized to do business in Arkansas, and naming the City as an additional insured with a maximum of thirty (30) days notice of cancellation. Korean War Memorial Site LR 07-17-06 (d) To obtain statutory lien waivers from all subcontractors and material suppliers prior to final payment to the contractor. (e) To donate the Memorial to the City of Little Rock, upon project completion and final payment of projects costs, for dedication to public use as part of the City's Parks and Recreation system. ARTICLE M. COMPLIANCE WITH ALL LAWS AND REGULATIONS Section 3.01. Historic District ApRroval. The Foundation shall obtain a Certificate of Historic District Appropriateness for the Memorial project and shall obtain Historic District Commission approval of any significant changes to the plans, with the significance of any change in plans to be determined by MacArthur Park Historic District staff. Section 3.02. Construction Permits. The Foundation shall be responsible for obtaining all applicable construction permits and inspections required for the Memorial project. Section 3.03. Non -Discrimination. In addition to the requirements of Article II of this Agreement, the Foundation agrees that it shall not discriminate against any person or organization on the basis of race, creed, color, gender, or national origin, as well as any other class deemed by state or federal law to be protected against discrimination, in the fulfillment of its obligations under this Agreement. Section 3.04. Americans with Disabilities Act. Foundation expressly agrees that it shall be responsible for compliance with the Americans with Disabilities Act as the provisions of the Act may be applicable to the Memorial project. Section 3.05. Arkansas Freedom of Information Act. The Foundation recognizes that in the performance of its obligations under this Agreement, it may be required to comply with the applicable provisions of the Arkansas Freedom of Information Act. The Foundation shall comply with the Act, and any question about compliance shall be finally determined by the City Attorney. ARTICLE IV. CONTRACTOR REQUIREMENTS Section 4.01. Contractor Requirements. In addition to the compliance requirements of Articles H and III of this Agreement, the Foundation shall require, as applicable, in all agreements with contractors: (a) That the contractor assumes responsibility for location of all underground facilities at or contiguous to the Project Site. (b) That the contractor shall be responsible for obtaining all applicable construction permits and inspections required for the Memorial project. (c) That the contractor is granted reasonable access to the Project Site and may store construction equipment and materials, at his own risk, within twenty (20) feet of the Project Site ("The Korean War Memorial Site LR 07-17-06 Construction Premises") only if such use does not interfere with public access to existing park facilities or cause damage to trees or other park property. (d) That the contractor shall promptly repair, at contractor's own expense, and to the satisfaction of the City, damage done by the contractor or contractor's employees or agents to the Project Site, to the Construction Premises, or to other MacArthur Park property or buildings, and will indemnify and save the Foundation and the City harmless from all claims of any person for injury to person or to property occasioned by contractor's act, or the acts of contractor's employees or agents, while in the execution of the Memorial project work. (e) That the contractor will carryout the Memorial project in strict compliance with all laws, ordinances, rules regulations and other matters having the force of law, enacted, promulgated, or amended, by the City, Pulaski County, the State of Arkansas, or the federal government, as to all matters pertaining to the Project Site and construction of the Memorial on public property, including but not limited to the Arkansas contractor licensing requirements, engineer oversight requirements, workers compensation insurance requirements, and the Arkansas minimum prevailing wage requirements. (f) That the contractor will comply with the Americans with Disabilities Act and the Equal Employment Opportunity Act and regulations promulgated thereto, as the provisions of those acts may be applicable to the Memorial project, and will require such compliance in contractual agreements with subcontractors. (g) That the contractor shall not discriminate against any person or organization on the basis of race, creed, color, gender, or national origin, as well as any other class deemed by state or federal law to be protected against discrimination, in the fulfillment of its obligations under the construction contract. (h) That, prior to commencement of work on the project, the contractor will deliver to the City certificates of Performance and Payment Bonds in the amount of the construction contract and Commercial General Liability Insurance in the minimum amounts of $500,000 for personal injury and $500,000 for property damage, issued by a surety company or insurance company authorized to do business in Arkansas, and naming the City as an additional insured with a maximum of thirty (30) days notice of cancellation. (i) That, prior to receiving final payment from the Foundation, the contractor shall deliver to the City lien waivers from all subcontractors and material suppliers. ARTICLE V. TERMINATION Section 5.01. Basis for Termination. This Agreement may be terminated upon completion of the Memorial Project and final payment by the Foundation and the contractor of charges associated with the Memorial Project, and may be terminated due to the Default of either party. Section 5.02. Default. The following shall constitute default under this Agreement: Korean War Memorial Site LR 07-17-06 (a) Abandonment of the Memorial project by the Foundation. (b) Failure to comply with any provision of this Agreement, and such failure continues for thirty (30) days after notice from the other party specifying the failure. Section 5.03. Option to Terminate. Upon the occurrence of a Default, the non -defaulting party shall have the right, at its election, and in addition to any other remedy available to it under law or equity, to terminate this Agreement by providing written notice of termination as of the date of the notice or any later dated specified in the notice. Section 5.04. Effect of Termination. Upon termination by the City based upon Default by the Foundation, the Foundation shall immediately stop all work associated with this Agreement and, at City's option, shall remove the Memorial and restore the premises to its original condition or shall permit the City to complete the Memorial project by filing a claim on the contractor's bond if the contractor is in default. ARTICLE VI. MISCELLANEOUS Section 6.01. Notice. For the purposes of this Agreement, all written correspondence shall be directed to the addresses listed below: CITY: Truman Tolefree Director Parks and Recreation Department 500 West Markham, Room 108 Little Rock, Arkansas 72201 FOUNDATION: Doyle Herndon President Arkansas Korean War Veterans' Memorial Foundation 3612 TFK Blvd. North Little Rock, Arkansas 72116 Section 6.02. Project Insurance Coverage. The Foundation shall be solely responsible for maintaining any desired insurance coverage for the Memorial project prior to donation of the Memorial to the City. Section 6.03. Governing Law. This Agreement has been negotiated and executed in the State of Arkansas and shall be governed by and construed under the laws of the State of Arkansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction in Pulaski County, Arkansas, and the parties hereto agree and do hereby submit to the jurisdiction of that court. Section 6.04. Independent Contractor. In the performance of this Agreement, the Foundation and Foundation's agents and employees shall act in an independent capacity and not as officers, employees or agents of the City. Korean War Memorial Site LR 07-17-06 Section 6.05. Statutory immunity. Nothing stated within this Agreement shall be construed as limiting the City's statutory immunity from liability in tort. Section 6.06. No Waiver. The waiver by the City of the breach of one or more covenants or conditions of this Agreement shall not be construed as the waiver of any subsequent breach of the same or any other covenant or condition. Section 10.07 Severability. In the event any section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this Agreement is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this Agreement, as if such invalid or unconstitutional provision was not originally a part of this Agreement. Section 10.08. Copies Satre as Original. This Agreement shall be executed in the original, and any number of executed copies. Any copy of this Agreement so executed shall be deemed an original and shall be deemed authentic for any other use. Section 10.09. Captions. All captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of this Agreement. Section 10.10. Entire Agreement. This Agreement and the Exhibits referenced herein contain the complete and entire agreement of the parties respecting the project contemplated herein, and supersede all prior negotiations, agreements, representations, and understandings, if any, among the parties regarding such matters. Section 10.11. Modifications. This Agreement may be amended only by written mutual agreement signed by the parties. Section 10.12. Authority to Execute Agreement. The undersigned officials of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other documentation extending said authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the City and the Foundation have signed this Agreement in duplicate. Once counterpart each has been delivered to the City and the Foundation. All portions of the Agreement have been signed or identified by the City and the Foundation. [Signatures on Next Page] Korean War Memorial Site LR 07-17-06 ARKANSAS KOREAN WAR VETERANS' MEMORIAL FOUNDATION By: &s�yzav Doyle Herndon President Date: -17 , a CITY OF LITTLE ROCK, ARKANSAS By: Bruce Moore City Manager Attest: Date: N ncy Woo , City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney By: Debra K. Weldon Deputy City Attorney Korean War Memorial Site LR 07-17-06 NOTICE TO DEPARTMENTS - CITY OF LITTLE ROCK 9ZbNING & SUBDIViSION El TRAFFIC ENGINEERING ❑ MUNICIPAL WATER WORKS- ❑ CIVIL ENGINEERING,-' - ;• ­ • ❑ FIRE MARSHAL ❑ WASTEWATER UTILITY ❑ MAPPING & GRAPHICS (Address) APPLICATION FOR A COMMERCIAL BUILDING PERMIT PROJECT ADDRESS:—CJ� y ❑- ADDITION APPLICATION DATE:— ' 7 ROUTE NO: 2a6 I �D� ' _ ❑ REMODEL APPLICANT OR CONTACT PERSON:_ L-.In tV 66•Z 7 PH0NE�Nr- .:��/ ;3 - �d7 I FAX NO.: USE OF IL,DI f� G( NO. OF BUILDINGS: - A - STORIES MAX. HEIGHT J `�` Ir BASEMENT: Y TOTAL SQ.. FT. EXISTING TOTAL SQ. FT. NEW �J TYPE OF CONSTRUCTION: 1. 118 III IV V _FIRE ZONE: Y PARKING STRUCTURES: Y N SPRINKLERS: Y FLAMMABLE STORAGE: Y N STANDPIPE: Y N CANOPIES OR WALKWAYS: Y N RESPONSE NEEDED BY: (RETURN TO PLAN EXAMINER'S OFFICE) SUBMITTED 6Y: DATE: (PLANS ARE AVAILABLE IN THIS OFFICE) COMMENTS (PLEASE TYPE OR PRINT LEGIBLY): 49A /VX z2 r0e�-7tA-_r7 Miscanthus sinensis `Variegatus' plants will be too tall at maturity. HDC approved all plantings around plaza to be held to a maximum of 30" tall for security measures. Call Brian Minyard 501-371-4789 with alternative plant choice. No backflow Prevention device is shown nor is irrigation plan. If any portion of system is above ground, send details to Brian Minyard. Pole mounted lighting to be on poles that match existing "River Market" poles on site located along circular drive to the north of this project. Flood lights to match those existing that light the Arsenal building also located along circular drive to the north of this project. 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',' 1s \ IN A I I' I 1: �� ��i�'--•sue } - i .�� � �• ���=� 3`•'?�E �: � � : - _ _. v . . f f A PICTk-JRE T f --fV �' 01-1 O TO - `'L S P' Y-FA 14 1 Precast Solutions Summer zoos I^ II Imo/ II Photo co 1C5q N,sim— Design efore the Irvine family owned the Irvine Ranch region in Orange County, the Gabrielino Indians, Spain and Mexico each ruled what is now one of the largest properties remaining from California's Rancho Era. The city of Irvine, Calif., was looking for a high -visibility way to illustrate the Irvine Ranch's proud past, and with a new multi -use public trail in Irvine, the city chose a unique picture storyboard to chronicle the rich history of the Irvine family and others who influenced the region's development. What is unique about this particular storyboard is that the photos are engraved on precast concrete. Photo -engraved precast concrete seat backs designed with monotone historic photos line a 40-foot-long semicircular seat wall on the Jeffrey Open Space Trail (JOST) in Irvine. The wall is composed of concrete masonry units faced with stone veneer, and fitted with precast concrete radius seats, and topped off with stone caps. "The key was to get all the components working together," says Scott Jones of ValleyCrest Landscape Development, general contractor. "That was the challenge." After building the wall components, the panels were installed on pins affixed to the seat wall. The photo -engraved panels were attached using threaded stainless steel pins. "I thought it was a unique product and added to the project's theme by depicting some of the City of Irvine's history," Jones says. This precast timeline is a pride and joy for Robert Beverly, photo -engraved precast concrete designer and owner of Intaglio Composites in Arlington, Texas. "Imagine any image, be it a line drawing, photo, signature or a child's drawing," Beverly says. These precast panels turned imagination into reality for the City of Irvine. The panels tell the story of the Irvine Ranch, illustrate the chain of events and bring to life the founders through aggregate sketching, an intricate mechanical and chemical method in which the image is created from the exposure of aggregate at ,the surface level where the image lies. "The size of the aggregate used is determined by the image size," he says. "There is no boundary to what can be replicated when applying our process in a flat surface." Contrast, clarity and quality dictate the outcome of any work "The quality of the final photo -engraved composite image is directly dependent upon the quality of the original image," Beverly says. The imagery selected is the most important THE TRAIL EXTENDS FROM THE IRVINE FOOTHILLS TO NEWPORT BEACH, PASSING THROUGH A HEAVILY PLANTED LANDSCAPE .AND SERIES OF MEADOWS ON ITS SEVERAL -MILE -LONG STRETCH, "WE ESTABLISHED WHICH IMAGES WOULD APPEAR ON THE SEAT WALL PANELS AND WORKED BACK AND FORTH WITH THE CITY AS TO WHICH TOLD THE. IRVINE STORY BEST," — JIM MALONEY SWA 40'-0" _ -- - - _-._.-_ Tzi - c„mm » PrPract inL i innc I c The Staneywd - Slabs - Bluestaoe, Granile, Limestone Pavcrs : slaon I Ve.- r.• wallst^_ne ! Decorauve Curb-rg Coping I Edging Steps I Flagging , Treaus ri rop,ams Co6nlertops SillsfLi plats GU&I n, rlour:ng i Pests Buy Stone Online Order Samples Granite Slabs > Return to Slabs r Limestone Slabs a Bluestone Slabs > Brownstone Slabs R?� lest a Quate b Granite Product IirPraturp Check our price s on slabs. ter E-Newsletter Slabs are used for custom stone projects such as steps, wall caps, chimney caps, mantels, hearths, I treads, veneer, posts, etc. Available 1- 18 inches thick. Enter e-mail [rpi i Custom Sizes (used for steps, wall caps, etc.) up to 11 feet long (call for larger sizes) Custom Edges such as rocked, thermal (flamed), bull nosed, etc. Index Top finish: Thermal, honed, polished, bush hammered, etc. Cobblestone Coping Available up to 18 inches thick and custom cut sizes Countertops Available colorsgray, black, pink, green, etc Curbing Custom Stone Stoneyard Granite Customer Comments Decorative Stone click i.,,• lat7, � iw�r "e Edging �9 used for: STEPS. TR1:nDS- COPING_ 13AVERS. VENEER. I II.I-:. PANELS_ POSTS available finishes: 'f 11I'lZM L. SANDBLAST. HONED. N ILISHEII SPITI- Etching thickness: 0.5 to 18 inch thick Fieldstone CALL 800.231.2200 for pricing or lilt trot thN MQ%W! trnsiz Firms la Ps Flaagina Flooring Garden Accents ii1a Granite Turnings Pavers BLACK Pahhles Photo Gallery Stoney and Black 401 Slontevard I3hlt:k 405 SloneN and Black 403 Stone+ard Bla -]1, 4 Posts —q iec�, t For; niinre River Rock Sills/Lintels Slabs Steps hL _.• .7 Tiles Tread,; Veneer BROWN W a l l sto n e Stone S oncnlrrl I31Ov Tl M Slonevarci 13rmcn 011111 Selections Bluestone Granite Limestone .. Brownstone Sandstone Slate • - Veneer GREEN r Pebbles Quarried Stone Stone+ard [5rv�:n 702 sionevaml Storlevard Grecn 700 Stone%ard Green 704 River Rock Fieldstone Cobblestone Books - Search by keywords: PINK ' & GOLD Ktwevet,K G typ A1mKOt-t¢.l 800-231-2200 978-742-9800 978-742-9898 FAX - GraHl ty- On Aa&K wall W1114 9r14/05 a:oi Pm f,11raaw na�e-s iV F Y\ (P. A blip:rhwvw-st,neywdeomrsusl-y ite.btml pier fZ The Stoneyard - Slabs -Bluestme, Ca 11i Limestone StoneNard Pink 302 Slonc\ard Pink 303 Slollex-ard (Iold 7111 Order Samples 9/14/05 4:01 PIN Stanstead Gray 1-8 inches thick. Thicker sizes available. Please call. 444 Stanstead Gray Slabs 6 inch IM Stanstead Gray Granite Slabs 8 inches thick Check our price S on slabs. GO. '! s su ai 1e1:1 F J W I l l IC HO it i Stoneyard Gray Stoneyard Gray Granite Slabs 72 x 36 inch .a J 'r ' .I. - Atlantic Black Granite Slabs (click on photo to enlarge) Granite Slabs - Black and Rose As with all products from Stoneyard.com, ±rl�slom fahricatlon is available to meet the exact needs of all your projects. Request for Quote I Contact Us I Directions & Hours I Specials I Home We ship ANYWHERE! Copyright Sroneyerd. Inc All Rights Reserved 2 Spectacle Pond Road Littleton, MA 01460 USA Tel: 800.231.2200 or 978-742-9800 Fax: 978-742-9898 Contact us via .mall. Search G' Web (V stoneyard.com http://w ,toneyw&rn /,Vsl-p it,.bimI Page d,