RES 2008-0155 - Payment to JK Enterprises Inc for South Omaha Sound Field public art work V
O�OHIAHA,Ne�r'� F C I c,
�4`,�s Omaha public library
C1� � Everything you want to know.And more.
,;.ri �(; 'ro January''29, 2008 Rivkah K.Sass
�;' 2, Executive Director
O,p'rED FEB10Vh CITY C K 215 South 15th Street
Ni7ja a Omaha,Nebraska 68102-1629
City of Omaha (402)444-4800
Mike Fahey,Mayor Fax:(402)444-4504
www.omahapubliclibrary.org
Honorable President
and Members of the City Council,
Attached is an, Agreement between .the Omaha Public Library - Metropolitan Community
College Library Entity and J.K. Enterprises, Inc. and a Resolution requesting the approval of the
payment to J.K. Enterprises Inc. to create, deliver and install a public art work at the new South
Omaha Library, 2808 Q Street.
The work of art "South Omaha Sound Field" was selected through a competitive process with a
selection committee consisting of representatives of the Omaha Public Library, Metropolitan
Community College and citizens from the South Omaha community.
The "South Omaha Sound Field" will consist of seven sculptures in which each will have a
sensor that viewers can interact with. Triggering the sensors will cause the sculptures to play
unique songs representing South Omaha residents and cultures. Songs will become more
advanced and become the music of multiple cultures when more than one sculpture sensor is
triggered at the same time.
The Agreement provides for payment of$61,000.00 for the completion, delivery and installation
of the art work. The City's share of the cost for the art work is $37,820.00 and Metropolitan
Community College's share of the cost is $23,180.00.
The funds for this payment will be paid from the South Omaha Library Construction
Organization 117022, Fund 13442.
atements and representations are true and correct to the best of his/her knowledge and belief.
The undersigned will enter into formal agreements) with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by
the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A
conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false.or if there is a failure by the successful bidder(i.e.the
Contractor) to implement the stated agreements. intentions. objectives, goals. and comments set forth herein without prior approval of the
Director of the Human Rights and Relations Department. such action shall constitute a material breach of the contract, entitling the City of
Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to. and not in lieu of.
any other rights or remedies the City of Omaha may have for other defaults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
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efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
Honorable President
and Members of the City Council
Page 2
I respectfully recommend approval of this Resolution which would approve payment of J.K.
Enterprises, Inc. for the creation, delivery and installation of the work of art "South Omaha
Sound Field".
Respectfully Submitted, Referred to City Council for Consideration:
Rivkah K. Sass �atoi Mayor's Office Date
Library Director
Approved as to Funding: Approved:
\o*a ///7/d P"
Carol A. Ebdon Date Gail Kinsey T ompson Date
Finance Director AV Human Rights and Relations Director
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AGREEMENT
This Agreement is hereby made and entered into this ' day o 7}n/ , 204, by and
between the Omaha Public Library—Metropolitan Community College Library Entity, an entity
created under the Interlocal Cooperation Act of the State of Nebraska and located in Douglas
County, Nebraska, (hereinafter referred to as "Entity ") and J. K. Enterprises, Inc. (hereinafter
referred to as "Artist").
WHEREAS, the Entity wishes to enhance the new South Omaha Library, the
Metropolitan Community College South Campus, and City's environs with public art; and,
WHEREAS, the Artist has proposed the creation of a sculpture entitled "South Omaha
Sound Field" for installation at such library; and,
WHEREAS, the Entity and Artist desire to enter into this Agreement to delineate and
record their specific rights and obligations in connection therewith.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, Entity and Artist do hereby mutually undertake, promise, agree, and contract
each for itself and its successors and assigns as follows:
I. PURPOSE
The purpose of this Agreement is to specify the terms and conditions upon which Entity
will commission Artist to create a work of art entitled "South Omaha Sound Field" (hereinafter
the "Work") and to install same at the South Omaha Library at 2828 Q Street.
II. TERM
This term of this Agreement shall be no longer than twelve (12) months commencing on
the date of execution hereof.
The Artist agrees to make every reasonable effort to complete and install the Work in
conjunction with the South Omaha Library's planned opening in Spring of 2008, taking into
consideration weather and site conditions but in any event the Work shall be completed and
installed on a date no later than twelve(12) months from the date of execution hereof.
Failure to fulfill contractual obligations due to conditions beyond the reasonable control
of either party will not be considered a breach of contract, provided that such obligations shall be
suspended only for the duration of the conditions.
se(s)(which are otherwise deemed by
the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A
conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false.or if there is a failure by the successful bidder(i.e.the
Contractor) to implement the stated agreements. intentions. objectives, goals. and comments set forth herein without prior approval of the
Director of the Human Rights and Relations Department. such action shall constitute a material breach of the contract, entitling the City of
Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to. and not in lieu of.
any other rights or remedies the City of Omaha may have for other defaults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
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(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
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Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
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efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
III. RIGHTS, DUTIES AND OBLIGATIONS OF CITY
A. Payment
Entity agrees to pay Artist a fixed fee of$61,000, to be paid in 4 installments as
follows:
$30,500—(50%) upon execution of this Agreement
$15,250—(25%) upon 50% completion of the work
$ 9,150—(15%) upon completion of the work and notification to Entity by Artist
$ 6,100—(10%) upon completion of installation and acceptance by Entity
except as provided herein below at IV. A.
B. Review of Work
Entity shall have the right to review the progress of the Work at reasonable times, and
with advance notice to the Artist, during the fabrication thereof and at no expense to Artist or
Entity.
C. Ownership
Entity shall own the work upon final payment and completion of installation, subject to
copyright ownership in Artist. Entity shall bear no risk of loss until it acquires ownership of the
work. Notwithstanding any such right of ownership, Entity agrees that it will not intentionally
damage, alter, modify, or change the work without prior written approval of the Artist. Entity
shall have the right, at its discretion, to move or remove the work from the South Omaha Library
campus and sell or otherwise dispose of the work but shall notify Artist of such actions in writing
prior to taking such actions and in the event Entity decides to sell the work, Artist shall be
provided a first right of refusal for the sale.
D. Repairs, Restorations and Maintenance
Entity shall have the right to determine, after consultation with a professional conservator
and/or Artist, when and if repairs and restoration to the Work will be made. All repairs and
restoration shall be made in accordance with recognized principles of conservation.
Entity agrees to maintain the Work in a manner consistent with the level of maintenance
and operation provided to other outdoor public art sculptures owned by the Metropolitan
Community College.
E. Plantings
At its sole discretion, Entity agrees to install and maintain perennial and/or annuals
plantings in the planter in which the Work is to be placed.
2
of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A
conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false.or if there is a failure by the successful bidder(i.e.the
Contractor) to implement the stated agreements. intentions. objectives, goals. and comments set forth herein without prior approval of the
Director of the Human Rights and Relations Department. such action shall constitute a material breach of the contract, entitling the City of
Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to. and not in lieu of.
any other rights or remedies the City of Omaha may have for other defaults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
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(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
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Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
F. Lighting
Entity may, in its sole discretion, install lighting for the Work.
G. Appointment of Representative
Entity appoints Janet Davenport, Entity Board Chairperson and Tim Carmichael,
Project Inspector, as its representatives, to confer with Artist as necessary on this project,
including but not limited to, review of issues regarding installation and placement of the
sculpture on the South Omaha Library campus.
IV. RIGHTS, DUTIES AND OBLIGATIONS OF ARTIST
A. Creation of the Work
Artist will design and execute the Work, South Omaha Sound Field,which will consist of
seven sculptures in which each will have a sensor that viewers can interact with. When just one
person puts his hand on the sensor the sculpture will play its unique song representing the
individual south Omaha resident and his culture. If two viewers engage two separate sculptures
the two pieces will play a song unique to the two sculptures. The song will be more advanced
and combine the music of the two cultures represented.
The structure South Omaha Sound Field will be constructed of dark galvanized steel with
a concrete footing. The chimes will be made of custom tuned stainless steel and aluminum tube
inset in a larger steel tube with all fasteners and strikers hidden in the larger tube. The
dimensions of the sculptures will be between 5 and 8 feet tall with a consistent width of 2 feet
across. All controls for the piece will be housed inside the library for climate control. The
choice of galvanized steel construction, corrosion resistant chimes, hidden electronics and
mechanics makes this piece safe and easy to maintain.
Artist will design and execute the Work in substantial conformity with the proposal
attached hereto as Exhibit "A". Exhibit "A" is incorporated herein by this reference. Entity
hereby approves the models and materials as described or represented in Exhibit "A". Artist will.
perform or cause to be performed, all services and furnish, or cause to be furnished all supplies,
materials, transportation to the site, and equipment needed for creation of this Work and
installation of the Work at the site. Artist shall determine the artistic expression, scope, design,
color, size, material, and texture of the work, subject to review and acceptance by Entity.
Prior to implementation of any substantial changes in the Work, Artist will present to
Entity in writing for further review and approval a thorough description of such a proposed
change. A substantial change is any change materially affecting the scope, intent, design, color,
size, or material of the Work not in substantial conformity with Exhibit "A". Following receipt
of the required description of proposed changes(s), Entity shall reasonably determine which
changes shall be considered "substantial", and retains the right to reasonably approve or
disapprove changes suggested by Artist. Artist may implement substantial change(s) only with
prior written agreement from Entity.
3
faults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
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(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
Provided that if Artist fails to create the work in substantial conformity with the proposal
in the attached Exhibit "A" or any approved substantial changes, Entity shall not be obligated to
pay for the Work and Artist shall be required to immediately return any payments received from
Entity for such Work. In such event the Artist will not be obligated to deliver and install the
Work and Artist's obligations under this Agreement shall cease.
B. Delivery and Installation
Artist shall notify Entity when fabrication of the final work will be completed and when
the anticipated date installation of the Work shall begin. Artist will be responsible for the
transport of the finished Work to the site to be off loaded and installed at the site. Artist shall be
responsible for installation of the Work, including affixing the base of the Work to the concrete
footings prepared in the library plaza.
C. Consultation with Entity
Artist agrees to consult with Entity's representative as described in paragraph III. G
hereof prior to delivery and installation of the work to develop plans and specifications for
installation of the Work and its base. All installation work must be approved by Entity.
Artist agrees to provide continuing consultation on the setup and operation of the Work
following installation as is needed and reasonable while the Work is in place at the South Omaha
Library and the Artist is available in the community.
D. Documentation and Software
Artist agrees to provide full documentation on of the setup, programming, operation and
maintenance of the Work including musical content, chimes and the MIDI computer system
supporting the Work on installation. Artist will provide a back up copy of the Work's setup,
programming, content and all software provided on the equipment supporting the Work.
E. Reproduction Rights
Artist retains all rights under the copyright act of 1976, 17 U.S.C. Sec. 101 et seq., and all
other rights in and to the work, except ownership and possession. In view of the intention that
the Work in its final destination shall be unique, Artist shall not make any additional duplicate
reproductions of the final work nor shall Artist grant permission to others to do so except with
the written permission of Entity. Artist surrenders and relinquishes to Entity, and assigns any
license to make photographic, graphic, audio, or video reproductions of the Work for
noncommercial purposes, provided that these rights are exercised in a tasteful and professional
manner, and Artist is duly credited as follows:
All reproductions by Entity shall contain a credit to Artist and a copyright notice
substantially in the following form: "Copyright, , (date)". Artist shall use his best efforts
to give a credit reading substantially as "commissioned by Omaha Public Library—Metropolitan
4
rove or
disapprove changes suggested by Artist. Artist may implement substantial change(s) only with
prior written agreement from Entity.
3
faults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
Community College Library Entity, NE" in any public showing under the Artist's control of
reproductions of the work.
F. Bill of Sale and Written Acceptance of Work
Artist agrees to provide Entity with a bill of sale evidencing Entity's purchase and
ownership of the South Omaha Sound Field Work upon receipt of final payment from Entity and
completion of installation of the work by Artist. Entity agrees to provide Artist with a written
acceptance of the Work in a form reasonably satisfactory to Artist at the time of installation and
acceptance of the Work.
G. Warranties for Workmanship Defects and Material Failures
Artist agrees to assign to Entity any warranties provided to Artist by subcontractors
material producers or equipment manufacturers.
V. INDEMNIFICATION AND INSURANCE
A Artist covenants and agrees to indemnify and hold harmless Entity, its officers,
agents and employees, their successors and assigns, individually or collectively
from and against all liability for any fines, claims, suits, demands, actions or
causes of action of any kind and nature asserted by Artist or by anyone else, for
personal injury or death, or property damage in any way arising out of or resulting
from any act, failure to act, activity or operation of Artist in connection with his
performance pursuant to this Agreement for the period of time from the date of
this Agreement to the date of installation and acceptance. Artist further agrees to
pay all expenses in defending against any claims made against Entity; provided,
however that Artist shall not be liable for any injury, damage or loss occasioned
by the sole negligence or willful misconduct of Entity, its agents or employees.
Artist and Entity shall give prompt and timely notice of any claim made or suit
instituted which, in any way, directly or indirectly, contingently or otherwise,
affects or might affect either party.
B. Artist shall, either directly or through his delivery and installation subcontractors,
procure and maintain in effect during the period of delivery and installation, with
companies licensed to do business in the State of Nebraska, commercial general
liability insurance with at minimum, policy limits of $250,000/$500,000 for
bodily injury or death and property damage. Said policy shall expressly include
the Entity, City and College as additional named insureds.
A certified copy of the policy or a certificate evidencing the existence thereof,
shall be delivered to the Entity Board Chairperson within ten days after the
execution of this Agreement. Each such copy shall contain a valid provision or
endorsement that the policy may not be cancelled, terminated or materially
changed or modified, without giving thirty (30) days written advance notice
thereof to Entity. Each such policy shall contain an additional endorsement
5
st. Artist may implement substantial change(s) only with
prior written agreement from Entity.
3
faults under the Contract. under City of Omaha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
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(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
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efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
providing that the insured's carrier shall not, without obtaining express advance
permission from Entity, raise any defense involving in any way the immunity of
Entity, officers, agents or employees, the governmental nature of Entity, or the
provisions of any statutes respecting suits against Entity.
C. Artist has no employees. Should Artist hire an employee(s) during the term of
this Agreement, Artist shall furnish to Entity satisfactory evidence that he carries
Workers' Compensation Insurance in accordance with the laws of the State of
Nebraska.
D. Upon receipt of written notice from Entity, Artist shall take such action as Entity
shall deem reasonably necessary and expedient to insure that Entity is held
harmless from any liability from any cause whatsoever arising as a result of
Artist's actions, activities and operations pursuant to this Agreement to any
person, individual or entity for the period of time from the date of this Agreement
to the date of installation and acceptance.
E. In the event Artist shall fail to obtain any such insurance, or shall permit any such
insurance or other type of indemnity to lapse or become void, Entity may
terminate this Agreement.
VI. INDEPENDENT CONTRACTOR
It is understood and agreed by and between Artist and Entity that any and all acts that
Artist or its personnel, employees, agents, contractors, or servants, perform pursuant to the terms
of this Agreement shall be undertaken as independent contractors and not as employees of the
Entity. The Entity and Artist shall each act in their individual capacities and not as agents,
employees, partners, joint venturers or associates of the other. An employee or agent of one
shall not be deemed or construed to be the employee or agent of the other for any purpose
whatsoever. Neither Artist nor its personnel, employees, agents, contractors, or servants shall be
entitled to any Entity benefits. The Entity shall not provide any insurance coverage to Artist or
its employees including, but not limited to, workers' compensation insurance. Artist shall pay all
wages, salaries and other amounts due its employees and shall be responsible for all reports,
obligations, and payments pertaining to social security taxation, income tax withholding,
workers' compensation, unemployment compensation, group insurance coverage, collective
bargaining agreements or any other such similar matters. Artist shall have no authority to bind
the Entity by or with any contract or agreement, nor to impose any liability upon the Entity. All
acts and contracts of Artist shall be in its own name and not in the name of the Entity, unless
otherwise provided herein.
VII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "C" and made a part thereof by reference are the equal
employment provisions of this Agreement. Refusal by Artist to comply with any portion of this
program as therein stated and described will subject Artist to any or all of the following
penalties:
6
maha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
A. Withholding of all future payments under the involved contracts to the Artist in
violation until it is determined that Artist is in compliance with the provision of
the contract;
B. Refusal of all future bids for any contracts with Entity or any of its departments or
divisions until such time as Artist demonstrates that it has established and shall
carry out the policies of the program as herein outlined.
VIII. NONDISCRIMINATION
Artist shall not, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, political or religious opinions, affiliations or national origin.
IX. CAPTIONS
Captions used in this Agreement are for convenience and are not used in the construction
of this Agreement.
X. APPLICABLE LAW
Parties to this Agreement shall conform with all existing and applicable City ordinances,
resolutions, state and local laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
XI. INTEREST OF CITY
This section applies to the interests of the City of Omaha in this agreement. Pursuant to
section 8.05 of the Home Rule Charter, no elected official or any officer or employee of City
shall have a financial interest, direct or indirect, in any City contract. Any violation of this
section with the knowledge of the person or corporation contracting with City shall render the
contract voidable by the Mayor or Council.
XII. INTEREST OF THE ARTIST
Artist covenants that he presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict with the performance of services required to be performed
under this Agreement; he further covenants that, in the performance of this Agreement, no
person having any such interest shall be employed.
XIII. MERGER
This contract shall not be merged into any other oral or written contract, lease or deed of
any type. This is the complete and full agreement of the parties.
7
l pay all
wages, salaries and other amounts due its employees and shall be responsible for all reports,
obligations, and payments pertaining to social security taxation, income tax withholding,
workers' compensation, unemployment compensation, group insurance coverage, collective
bargaining agreements or any other such similar matters. Artist shall have no authority to bind
the Entity by or with any contract or agreement, nor to impose any liability upon the Entity. All
acts and contracts of Artist shall be in its own name and not in the name of the Entity, unless
otherwise provided herein.
VII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "C" and made a part thereof by reference are the equal
employment provisions of this Agreement. Refusal by Artist to comply with any portion of this
program as therein stated and described will subject Artist to any or all of the following
penalties:
6
maha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
XIV. MODIFICATION
This Agreement contains the entire agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth herein. No agent,
employee or other representative of either party is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of the respective parties.
XV. STRICT COMPLIANCE
All provisions of this Agreement and each and every document that shall be attached
shall be strictly complied with as written, and no substitution or change shall be made except
upon written direction from an authorized representative.
XVI. ASSIGNMENT
Entity may not assign its rights under this Agreement without the express prior written
consent of Artist. The work and services required of Artist are personal and shall not be
assigned, sublet, or transferred. This shall not prohibit Artist from employing or contracting with
qualified personnel who shall work under her supervision.
XVII. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All covenants, stipulations and agreements in this Agreement shall inure to the benefit of
the parties hereto and extend to and bind the legal representative, successors, and assigns of the
respective parties hereto.
XVIII.AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for purposes of notice, including legal service of process, during the term of
this Agreement and for the period of any applicable statute of limitations thereafter, the
following named individual shall be the authorized representatives of the parties:
A. Entity
Janet Davenport, Entity Board Chair
Omaha Public Library—Metropolitan Community College Library Entity
215 South 15th Street
Omaha, NE 68102
B. Artist
Jamie Burmeister
J. K. Enterprises, Inc
11883 South 203 Circle
Gretna,NE 68028
8
merged into any other oral or written contract, lease or deed of
any type. This is the complete and full agreement of the parties.
7
l pay all
wages, salaries and other amounts due its employees and shall be responsible for all reports,
obligations, and payments pertaining to social security taxation, income tax withholding,
workers' compensation, unemployment compensation, group insurance coverage, collective
bargaining agreements or any other such similar matters. Artist shall have no authority to bind
the Entity by or with any contract or agreement, nor to impose any liability upon the Entity. All
acts and contracts of Artist shall be in its own name and not in the name of the Entity, unless
otherwise provided herein.
VII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "C" and made a part thereof by reference are the equal
employment provisions of this Agreement. Refusal by Artist to comply with any portion of this
program as therein stated and described will subject Artist to any or all of the following
penalties:
6
maha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
EXECUTED this day ofO2C<2OO7.
ATTEST:
4 ' ,dam
ifacnet Davenport, Entity Board Chair Ja i urmeister
Omaha Public Library—Metropolitan Community .. . Enterprises Inc.
V College Library Entity
EXECUTED this c�/s day o j'7N. , 20Qg
CITY OF OMAHA, a Municipal Corporation
ATTEST.:;t E
i
-
__ By
i y_U k;City_,of Omaha Daniel J. , Jlch, Acting Mayor
F: .,. .
APPROVED-AS TO FORM:
City ttorney .
9
Date
Finance Director AV Human Rights and Relations Director
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Jamie Burmeister
J.K. Enterprises, Inc.
11883 South 203 Circle
Gretna, NE 68028
(402) 916-9888
jamieburmeister@yahoo.com
www.jamieburmeister.com
South Omaha Sound Field
Artist Statement
My ties to South Omaha and Metropolitan Community College are strong. As a
young boy I remember crossing the South Omaha Bridge from Iowa to deliver
pigs to the busy Stockyards. This was always a happy time for my family
because all the hard work was finally rewarded when the livestock was delivered.
We would celebrate by eating at one of the great South Omaha restaurants.
Later, while attending college at Creighton University and working at UPS; I
bought my first house in South Omaha. I learned many valuable things from the
diverse population of older immigrants from Europe and the newer Hispanic
immigrants that were our neighbors and my co-workers in South Omaha. Just
down the hill from the site of the South Omaha Library I learned to weld in -
Metropolitan Community College's Welding Program. Presently I am a full-time
Art Instructor at Metropolitan Community College. These fond experiences have
inspired me to design a piece of art for the South Omaha Library titled South
Omaha Sound Field. This interactive sound installation will celebrate South
Omaha's ethnic and immigrant heritage by playing music related to the unique
cultural and ethnic history of South Omaha.
Since it's inception South Omaha has been a very dynamic community. The first
immigrants in South Omaha came to work in the meet packing industry from
Eastern and Southern Europe. Today, Hispanic immigrants make up a large
portion of the population of the community and have revived the area after much
of the meet packing industry has moved. There is also a growing Sudanese
population in South Omaha. All of these immigrants bring their unique culture to
the community making it a vibrant exciting place. The whole is greater that the
sum of the parts. South Omaha Sound Field will represent this melding of
cultures through an interactive sound installation of seven sound sculptures.
Music is an important part of any culture. Music is universal. The inspiration for
how each individual sound sculpture sounds and what music it plays will come
from a specific South Omaha resident. I will interview people from South Omaha
looking for seven people who represent the area's diverse ethnic and immigrant
heritage. Each of these sculptures will have a unique voice or sound to
represent the individual resident's cultural contribution to the community. Each
sound sculpture will be a unique musical instrument with it's own voice much like
a band or chorus has individuals with unique musical qualities. When these
diverse sounds come together to make music it can be more beautiful and
powerful than any of the individual parts.
ployment provisions of this Agreement. Refusal by Artist to comply with any portion of this
program as therein stated and described will subject Artist to any or all of the following
penalties:
6
maha's Contract Compliance
Ordinance or otherwise. Ad ' i ally. the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
•
South Omaha Sound Field will be interactive. Each of the seven sculptures will
have a sensor that viewers can interact with. When just one person puts his
hand on the sensor the sculpture will play its unique song representing the
individual south Omaha resident and his culture. If two viewers engage two
separate sculptures the two pieces will play a song unique to the two sculptures.
The song will be more advanced and combine the music of the two cultures
represented. For example one South Omahan from Eastern Europe my be
represented by a waltz from his homeland while an immigrant from Mexico may
- be represented by a bolero. Putting the two together you might get a hybrid
polka with the feel of both types of music. If three or more people put their hands
over three or more sculpture sensors all seven sculptures will play a more
complex musical composition. This song represents the beauty that can come
from combining the strengths of diverse people. This song with all seven
sculptures playing will represent the beauty and vitality of the South Omaha
Community as a whole. The whole is greater than the sum of the parts. This
song can also be programmed to play at certain times of day or for special
events.
The structure South Omaha Sound Field will be constructed of dark galvanized
steel with a concrete footing. The chimes will be made of custom tuned stainless
steel and aluminum tube inset in a larger steel tube with all fasteners and strikers
hidden in the larger tube. The dimensions of the sculptures will be between 5
and 8 feet tall with a consistent width of 2 feet across. All controls for the piece
will be housed inside the library for climate control. The choice of galvanized
steel construction, corrosion resistant chimes, hidden electronics and mechanics
makes this piece safe and easy to maintain.
Historically, large public musical instruments, such as carillons, have been
housed high in bell towers so the sound of the bells would travel. These bell
tower bells were traditionally rung to signify time, for special events or as an
alarm. South Omaha Sound Field is meant to function as a contemporary
version of the traditional public musical instrument. This piece brings the bells
down to the level of the pedestrian. The viewers will not only be able to hear the
melodies, harmonies and rhythms produced by the sculpture. They will be able
to interact with the sculpture. They will be able to feel the chimes vibrate as they
ring. Theviewer can walk beside the chimes choosing to stand next to a
particular sized bell to see how it sounds and feels up close. The sound of South
Omaha Sound Field will be intimate and quiet enough that people can stand next
to the piece and it will not hurt their ears. It will not disturb the people reading in
the library.
South Omaha Sound Field will be a very dynamic piece of art. The programming
of the chime controls can change with the wants and needs of the South Omaha
Library. As time goes by and the needs of the people change so can South
Omaha Sound Field. In ten years the population of south Omaha may change
and this piece can change to reflect this.
the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
0-7
Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
�,
(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
..,(;
Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
Ctil't til,..:(..°
efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
i
. ,
4 ' ,dam
ifacnet Davenport, Entity Board Chair Ja i urmeister
Omaha Public Library—Metropolitan Community .. . Enterprises Inc.
V College Library Entity
EXECUTED this c�/s day o j'7N. , 20Qg
CITY OF OMAHA, a Municipal Corporation
ATTEST.:;t E
i
-
__ By
i y_U k;City_,of Omaha Daniel J. , Jlch, Acting Mayor
F: .,. .
APPROVED-AS TO FORM:
City ttorney .
9
Date
Finance Director AV Human Rights and Relations Director
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9-26-00)
Jamie Burmeister
J.K. Enterprises, Inc.
11883 South 203 Circle
Gretna, NE 68028
(402) 916-9888
jamieburmeister@yahoo.com
www.jamieburmeister.com
Budget
The budget for South Omaha Sound Field will be a total cost of$65,000 as
outlined below.
Materials
Structural Steel $ 7,000
Chime Tube $ 4,600
Electronics $10,000
Total $21,600
Metal Fabrication $16,000
Electrical Engineering/Fabrication $14,000
Site Preparation and Installation $ 8,000
Community Research $ 2,400
Music Arrangement $ 2,000
Delivery $ 1,000
Insurance $ 1,000
Total Project Budget $65,000
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Jamie Burmeister
J.K. Enterprises, Inc.
11883 South 203 Circle
Gretna, NE 68028
(402) 916-9888
jamieburmeister@yahoo.com
www.jamieburmeister.com
South Omaha Sound Field
Maintenance
South Omaha Sound Field will require very little maintenance. The structural
steel will be dark galvanized to resists corrosion. The chimes will be made of
stainless steel and aluminum that is resistant to corrosion. Electronics will be
housed in the library for climate control to minimize maintenance. Yearly inspect
the pieces for wear and operation. Clean and replace broken parts if needed. All
parts of this piece will be documented so that new parts can be easily fabricated
and replaced.
roject Budget $65,000
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Jamie Burmeister
J.K. Enterprises, Inc.
11883 South 203 Circle
Gretna, NE 68028
(402)916-9888
jamieburmeister@yahoo.com
www.jamieburmeister.com
December 2, 2007
Janet Davenport, Sr. Manager- Facilities
Omaha Public Library
215 South 15 Street
Omaha, NE 68102
Dear Janet,
As requested, I am writing this letter acknowledging the agreement to alter the
proposal price by$4000 to remove the site preparation work from my services
and have them done through the building project. Specifically, we have agreed
that the artist fee will be lowered $4000 from $65,000 to $61,000. The site
preparation work of seven footings, related conduit from footings to building,
interior box to house electronic controls, and 110volt outlet for electronic controls
will be completed through the building project.
Since
Ja ie meiste
C-25A• CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, The Omaha Public Library - Metropolitan Community College
Library Entity Board has selected, through a competitive selection process, a public art work the
"South Omaha Sound Field", to be placed at the new South Omaha Library at 2808 Q Street;
and,
WHEREAS, An agreement between Omaha Public Library - Metropolitan
Community College Library Entity and J.K. Enterprises, Inc provides for the terms and
conditions of the creation of the artwork and its installation; and,
WHEREAS, J.K. Enterprises, Inc. submitted a proposal of $61,000.00 for the
completion, delivery and installation of the art work; and,
WHEREAS, the City's share of the cost for the art work is $37,820.00 and
Metropolitan Community College's share of the cost is $23,180.00.
WHEREAS, it would be in the best interest of the residents of the City of Omaha
that this bid be approved; and,
WHEREAS, the funds for this payment will be paid from the South Omaha
Library Construction Organization 117022, Fund 13442.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA;
THAT, the City payment to J.K. Enterprises, Inc., as recommended by the
Mayor, to provide a public art work, the "South Omaha Sound Field" for the new South Omaha
Library as defined in the agreement in the amount of $37,820.00 be approved.
BE IT FURTHER RESOLVED:
THAT, the funds for this payment will be paid from the South Omaha Library
Construction Organization 117022,Fund 13442.
P:WW\16356pjm.doc APPROVED AS TO FORM:
1219401
By /04~ 4ii;,o" /1-ss/.. CITY ATTORNEY DATE
Councilmember
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Adopted � ..22Q08 !P-a
ty Clerk
Approved1 ., ... . 1/�
- " ' A IN Mayor
ound of the bells would travel. These bell
tower bells were traditionally rung to signify time, for special events or as an
alarm. South Omaha Sound Field is meant to function as a contemporary
version of the traditional public musical instrument. This piece brings the bells
down to the level of the pedestrian. The viewers will not only be able to hear the
melodies, harmonies and rhythms produced by the sculpture. They will be able
to interact with the sculpture. They will be able to feel the chimes vibrate as they
ring. Theviewer can walk beside the chimes choosing to stand next to a
particular sized bell to see how it sounds and feels up close. The sound of South
Omaha Sound Field will be intimate and quiet enough that people can stand next
to the piece and it will not hurt their ears. It will not disturb the people reading in
the library.
South Omaha Sound Field will be a very dynamic piece of art. The programming
of the chime controls can change with the wants and needs of the South Omaha
Library. As time goes by and the needs of the people change so can South
Omaha Sound Field. In ten years the population of south Omaha may change
and this piece can change to reflect this.
the Under'_ ontraetor will be subject to the terms of any future Contract Awards.
Signature ! ' O.A
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Title �j14. Date of Signing /d f4.7
Firm or Corporate Name 60Gf
Address //� e 6-446 o YX elephone Number. /108 S y
rding
the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055.
*Refer any questions regarding the hid or specifications directly to the Purchasing Department at(402)444-7155 or as shown On bid.
(PLEASE PRINT LEGIBLY OR TYPE) �x J ,sly i��>� c et Al
Payment Terms: 100 OR del iN, ry Fd M.Feld Equipment CO Incorporated In: ilk fa
:try(or completion) Name Dale De rn e r Signature
240 Calendardaysfollowingaward Title Apparatus Sales Mgt. Phone712-792-3143 Fax712-79276658
Address 113 N Griffith rd Carroll , IA 51401 >.1f >
Stree O Box City State Zip;• .: .
E-Mail Address d.erner@ feldf ire.corn z=
n a current City of Omaha "Certified Protected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS": Click on"PBE/DBE CERTIFIED LISTINGS".
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contra mpliance ,
Ordinance should be directed to the Human Relations Department at 402.444-5055.
Ye ew+s-�-r4;-�;a..-, ��C• Incor r ted in aa-1 r�� •
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(Please Print Legibly or Type) Firm Ye
Name N.:...ber(y fa¢.wuw erej Signature
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Title T"resI�a....4- Phone (1o2) 333- /652 Fax -,)
Address 13 q Z 5 F ...5 f. Ort� AIE f8,13 IA
street'P.O.Box city state V
E-Mail Address
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efforts specifications for portions of the work to be
documentation with their bid. The evidence must show performed; and
to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why
in good faith made every reasonable effort in the City additional prospective agreements with
of Omaha's judgment, to meet such goals. If any
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00 to $61,000. The site
preparation work of seven footings, related conduit from footings to building,
interior box to house electronic controls, and 110volt outlet for electronic controls
will be completed through the building project.
Since
Ja ie meiste