Trademark Sign Company Public Art Project Champion Park ACCEPTANCE AGREEMENT
CHAMPION PARK PUBLIC ART PROJECT: "CHAMPION'S FLAME"
This ACCEPTANCE AGREEMENT is made this_30th day of March , 2020
("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the
laws of the State of Idaho ("City"), and John P. Yarnell, on behalf of Trademark Sign Company, Inc., a
general business corporation organized under the laws of the state of Idaho ("Artist"). (City and Artist
may hereinafter be collectively referred to as "Parties.")
WHEREAS,Artist has installed at Champion Park an art installation entitled"Champion's
Flame," comprised of one (1) large metal sculpture ("Artwork");
WHEREAS, on March 12, 2019, City and Artist entered into a Task Order for Champion Park
Public Art Project("Task Order") that includes a requirement that the parties enter into a mutually
agreed-upon acceptance agreement, and submit enumerated deliverables, as conditions of the City's
Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the Task Order;
WHEREAS,the Parks Superintendent and Building Official have inspected and do approve
the installation of the Artwork as both compliant with the Task Order and structurally sound;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, and in the Task Order, acknowledged and agreed, and in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I.INDEMNIFICATION.
Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees,
elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims,
actions,judgments for damages, expenses, or injury to any person or to property arising as a result of-
A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise
reasonable care, skill or diligence in the performance of any work or service under or related to
the Task Order and any and all addenda thereto;
B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's
agent(s), employee(s), or subcontractor(s);
C. Artist's infringement of or upon any intellectual property rights, whether intentional or
unintentional, known or unknown, including any copyright or patent arising out of the
reproduction or use in any manner of any images,plans, designs, drawings, specifications,
information, material, sketches, notes or documents created or used by Artist in the
performance of any work or service under the Task Order and any and all addenda thereto;
and/or
D. The malfunction,breakage, or failure of the artwork, or any portion or component thereof,
created and installed under the Task Order and any and all addenda thereto.
Artist shall not be responsible for damages, expenses, or injury to any person or to property arising as a
result of vandalism, acts of God, or misuse (as defined in Exhibit C, Section 3.2.2.) of the Artwork.
ACCEPTANCE AGREEMENT—CHAMPION's FLAME AT CHAMPION PARK PAGE I
11.WAIVER..
Artist hereby waives and releases,on behalf of himself,his employees,agents,heirs,executors,
administrators, assigns, and/or personal representatives,any and all claims and/or rights for damages
he now has or may hereafter have against the City of Meridian and/or its employees,elected officials,
agents, guests,and/or business invitees,suffered in connection with or arising out of the performance
of any work or service under or related to the Task Order. Except as otherwise expressly delineated in
the Task Order,Artist hereby waives any and all night,title,or interest in the Artwork and/or all items
created under,assembled pursuant to,and/or otherwise related to the Task Order and any and all
addenda thereto.
M.DELIVER ABLE&
Attached to this agreement,pursuant to Section II.C3 of the Task Order,are:
A_ Exhibit A: Waivers of lien from all subcontractors and major materials suppliers
B. Exhibit B:Report from an independent testing agency approving construction,fabrication,and
installation materials and methods
C. Exhibit C:Recommended maintenance plan for the Artwork
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective
Date first written above.
ARTIST:
P.Yarnel esident
I—An Sign Company,Inc.,
CITY OF MERIDIAN:
BY:
Robert E. Simison,Mayor
Attest:
Chris Johnson,City Clerk
ACCEPTANCE AGREEMENT-CHAMPION'S FLAME AT CHAMPTON PARK PAGE 2
EXHIBIT
MR"r TRADEMARK
DESIGN I FABRICATION
Lien Release Waiver
for the
Champion Park Public Art Project
located in
Champion Park
3430 N Troxel Way, Meridian, ID 83646
Trademark performed all of the work required to fulfill the requirements of the
contract using our own equipment and labor. There are no outstanding contracts with vendors
or subcontractors of any kind related to the Champion's Flame art project. Therefore, there
are no existing liens which would require alien release, rendering this section of the contract
unnecessary.
EXHIBIT B
MR"r TRADEMARK
DESIGN I FABRICATION
Independent Engineering Analysis and Testing
for the
Champion Park Public Art Project
located in
Champion Park
3430 N Troxel Way, Meridian, ID 83646
Prepared by:
DC Engineering
440 E Corporate Drive, #103
Meridian, Idaho, 83642
-� 440 E. Corporate Dr.#103
Meridian,ID 83642
Voice 208-288-2181
Fax 208-288-2182
DC ENGINEERING www.d(engineering.net
STRUCTURAL CALCULATIONS
Champion Park Javelin — Cityof
Meridian
Meridian, ID
\0 N
O �.\GE N s 'OD <00
Q
14736
T �O
OF
94A N R
10/18/19
PREPARED FOR:
Trademark
DCE JOB #
19TMCO 1
DC ENGINEERING
Sheet Index
Design Criteria ............................................................. 1-2
Calculations...................................................................3-6
DC ENGINEERING
Design Criteria
Page 1 of 6
ATCHazards by Location
Search Information
Settlers Park
Coordinates: 43.635842,-116.363051
Elevation: ft �
Ti m esta m p: 2019-09-25T 14:05:34.537Z
Hazard Type: Wind
Meridian
(��
` o`-pgle Report a map error
ASCE 7-16 ASCE 7-10 ASCE 7-05
MRI 10-Year 72 mph MRI 10-Year 76 mph ASCE 7-05 Wind Speed 90 mph
MR125-Year 78 mph MRI25-Year 84 mph
MR150-Year 83 mph MRI50-Year 90 mph
MRI 100-Year 88 mph MRI 100-Year 96 mph
Risk Category I 96 mph Risk Category I 105 mph
Risk Category II 102 mph Risk Category II 115 mph
Risk Category III 109 mph Risk Category III-IV 120 mph
Risk Category IV 113 mph
The results indicated here DO NOT reflect any state or local amendments to the values or any delineation lines made during the building code
adoption process. Users should confirm any output obtained from this tool with the local Authority Having Jurisdiction before proceeding with
design.
Disclaimer
Hazard loads are interpolated from data provided in ASCE 7 and rounded up to the nearest whole integer. Per ASCE 7, islands and coastal
areas outside the last contour should use the last wind speed contour of the coastal area—in some cases,this website will extrapolate past the
last wind speed contour and therefore, provide a wind speed that is slightly higher. NOTE: For queries near wind-borne debris region boundaries,
the resulting determination is sensitive to rounding which may affect whether or not it is considered to be within a wind-borne debris region.
Mountainous terrain, gorges, ocean promontories,and special wind regions shall be examined for unusual wind conditions.
While the information presented on this website is believed to be correct,ATC and its sponsors and contributors assume no responsibility or
liability for its accuracy.The material presented in the report should not be used or relied upon for any specific application without competent
examination and verification of its accuracy, suitability and applicability by engineers or other licensed professionals.ATC does not intend that the
use of this information replace the sound judgment of such competent professionals, having experience and knowledge in the field of practice,
nor to substitute for the standard of care required of such professionals in interpreting and applying the results of the report provided by this
website. Users of the information from this website assume all liability arising from such use. Use of the output of this website does not imply
approval by the governing building code bodies responsible for building code approval and interpretation for the building site described by
latitude/longitude location in the report.
Page 2 of 6
DC ENGINEERING
Calculations
Page 3 of 6
Jr
JOB 11TW O I
SHEET NO. OF
DC ENGINEERING �n
Careful Listening. CALCULATED BY 4J' "� DATE
Dynamic Solutions. CHECKED By
www.dcengineering.net DATE
SCALE
.. ... ,.....
T F .M cu: .... .. ti ......;.!. .off.� 5.: . o� v 1 N.....°..5........uL� .1 _
DD. M/" V/}LU S )A; —( ION
...... 7 q t
.. ........, C� f.. i
W iN0P67 � -... lfl5 ��
r1I5� _
�A! ��a �
E X�i�5 U 2 CA;F16: h�
._ ...._
I ..
< t -
I� D s (�cal G�' LA / i l✓ 57:a0��T UK ...
...... ... .....� .
U � = A
icy = o s-1o� o ► ��
:.
......
f...Ps�
..
...... ...
r: C16-9 As
.
...
........
�5.. ( . . �a(c�(� I °n �s�rvie�,{�(lZ sP r�en �� -�1? ...._L1�
I�(r.S t n L S ...
I �
I to
`...
..:... .. ..............
..........: ... .
��
._...._
0Q/� t :
= 10 A4A
-� I.t (� ....._ CF�� l SIDr`1 ' ri{-Mir � ....
......._ . . .. .,.. . .
Page 4'of 6
JOB AMP/no j
SHEET NO. OF
DC ENGINEERING �1
Careful Listening. CALCULATED BY � A� \� DATE
Dynamic Solutions. ad��
www.dcengineering.net CHECKED BY DATE
SCALE
........ .. ...,... ,
r �M r N �><<c >; L)fQ v So u c P
Ea
L
l
:.
13
1-7
`7 ,2GJ
I0a
....
M aM ice,
....
I� MgAs V
�ro2: �ro )
..
ICI* I:-xM1AjE Ck ICIH( U�'... ...q.5nt
�F... S� i L- ._^.r....6•_Z. i .emsL'J..`..3-.'. .. ..
.._. .j .......... - .. ...... ....:... .. .... ...... ...
�.- j
Ljf_I.C,W 1 ...0f.... (t.l�l3t � �..� Q, �. ..> A +- l� cri y C{� 1'f . _...
..
..... : ..... :. ..�.....2... 5
......
.....
Rod � ?�.. : -
I
'ROM..ice ..............;... .r. 4�Niw
f
..
1 / .
WE:RaWr pl �LA?� _( ;� 2..../Z:. D LS .1 2�lL�J�cnj� : �b$
. ...
MIs.4 -
......
.. . . .... ...... ._................
�IOL?14s
.....:.. . ....... .. ...:... ..... ...
.... .
Page 5 of 6
Address: Project Title:
440 E.Corporate Drive Engineer:
Meridian ID,83642 Project ID:
Phone Number: Project Descr:
DC ENGINEERING (208)288-2182
Careful listening.Dynamic solutions.
Pole Footin Embedded in Soil Flle=C:\Users\byuly\Desktop\Champtlon Park-JavelinSculpture.ec6 .
g Software copyright ENERCALC,INC.1983-2019,Build:12.19.8.30 .
KW-06009267 DC ENGINEERING
DESCRIPTION: Javelin Sculpture Footing
Code References
Calculations per IBC 2018 1807.3, CBC 2019,ASCE 7-16
Load Combinations Used :ASCE 7-10
General Information
Pole Footing Shape Circular
Pole Footing Diameter........... 18.0 in
Calculate Min.Depth for Allowable Pressures
No Lateral Restraint at Ground Surface
Allow Passive.................. 200.0 pcf
Max Passive................... 1,500.0 psf
Controlling Values
Governing Load Combination: +D+0.60W
is
Lateral Load 0.3077 k
Moment 0.8235 k-ft Cb
NO Ground Surface Restraint
Pressures at 1/3 Depth
Actual 240.031 psf Point Load
Allowable 240.936 psf Distributed Load Soil Surface No lateral restraint
iiS (V
a9
Minimum Required Depth 3.625 ft
Footing Base Area 1.767 ft^2
Maximum Soil Pressure 0.3395 ksf
Applied Loads
Lateral Concentrated Load (k) Lateral Distributed Loads (klf) Vertical Load (k)
D:Dead Load 0.20 k k/ft 0.60 k
Lr:Roof Live k k/ft k
L:Live k k/ft k
S:Snow k k/ft k
W:Wind k 0.01550 k/ft k
E:Earthquake k k/ft k
H:Lateral Earth k k/ft k
Load distance above TOP of Load above ground surface
ground surface 1.0 ft 11.580 ft
BOTTOM of Load above ground surface
ft
Load Combination Results
Forces @ Ground Surface Required Pressure at 1/3 Depth Soil Increase
Load Combination Loads-(k) Moments-(ft-k) Depth-(ft) Actual-(psf) Allow-(psf) Factor
D Only 0.200 0.200 2.63 171.4 172.5 1.000
+D+0.60W 0.308 0.824 3.63 240.0 240.9 1.000
+D+0.450W 0.281 0.668 3.50 226.5 227.1 1.000
+0.60D+0.60W 0.228 0.744 3.38 220.7 222.0 1.000
+0.60D 0.120 0.120 2.13 137.5 138.5 1.000
Page 6 of 6
D oo C)
0 Cl) w o
o.
y m m m o.m a co
Ea J
m� 3w `" o co
oc�5=m may
N Cn V J. N N a�o V J N
� 3o=m vfDi� oni o3J
-0 J —
o }n c y o0
m o w o
m m p -3o a 3 d
w� a a)�� 03 v!
N N Ad d T H N
^o �- 8
ai C>, Ny mc7m
y m m
w w
rnoo wo a3 �
m m p II p
y ———==——IL_=====dl—
a o n o =� II — II
m
am -
(n � iv II II jj II I
m o o- II II II II II
II I II I
II II II II II
A m I II II II II II
m � II I II I
I II I
II II II II II II II
II II -------F------
N N N - al------- ------��
D J J J i D II II
II II I II I
� II II II II II II
J II II II II II II
LL
4 -- N II II II O II II II
--J----J— --J---- II II I� II �I II
I II I II
W II II II II II II
li ii II it II GJ
A II II II II II II JF�II II II II II II II
fV II II II II II Y
1 II II II II II
II II II II II
1 II II II II I
_ ------ -------II ---
-----
II I II Ir------I
1 II II II II II
1 II II II II II
o
----r------�1------- ---
6 II U
u
m
A � y
02
m.'o
J
9 T
a m q X O
m o � m 3�
N
�v1 c� a fD c° chi' a D N
D m J RL x
Z m 0 O C 2
N o m CD oy <o ? 3 w ..�.
w m m a T J
o
o
m
Dn
m O — ---�----};
^^ �Z
D Q m `! n D
m S m 3 m D O
0
w n (D 3 3
00 v
(D
_ CD
'z T iTY iTV y S co, W
y Q N J
�/� o N
Q- V J 5�i J
�F
N S_ oo
5.
N
CD p F J
OT 3 C N
m C j N
-n J O�
N �
^`� d
J
Zl
G
w
N
(DLL
L'
W N
T W
L �C x
C N
U �
D
C/) -0
co co
C C N 3
(6
.Q .QO U� w
❑
E E m o
N
w (p w
� w
a F � y(OT
V N
m
0
mT
qU
J
O
E
N
w ❑
w
z
a x
N �
Div ��p Hoyd o
z m
Z p o W a 0,
O S�POPS
d
c
v
N
F.
0
N
M M
n
i
c
in
N
-------------------------------------------------------
C
10
---------------------------------------------------------
0
X
Q
EXHIBIT C
MR"r TRADEMARK
DESIGN I FABRICATION
Public Art Maintenance Agreement
for the
Champion Park Public Art Project
located in
Champion Park
3430 N Troxel Way, Meridian, ID 83646
Prepared by Trademark Design Fabrication
2/27/2020
1 . Introduction
This document outlines the proper maintenance procedures for the art elements installed as
part of the Champion Park Public Art Project (hereafter called "The Works"). This
maintenance agreement exists between Trademark Design Fabrication (hereafter called "The
Artist") and the City of Meridian (hereafter called The City).
Installation of The Works concluded on the 24th of February, 2020, with notification to Parks
Superintendent Mike Barton taking place via email the following day, the 25th of February,
2020.
2. Warranty
Trademark will warranty The Works for a period of two years after installation, and during
such time shall replace any defective parts and/or rework any defective craftsmanship in a
timely fashion at no cost to City, except that during such period Artist shall not be required to
replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by
an act of God. Trademark is not responsible for damage caused from misuse of the Works,
including damage caused by climbing.
3. Park Elements
3.1 . Entrance Sign
Finished Panel
48„ � Side V1ew
3.1.1. Description:
The entrance sign at Champion's Park is a traditional post-and-panel monument sign. Two
powder-coated steel posts are sunk into the ground with concrete. The panel is cut from
.125" aluminum, and laser-cut acrylic lettering and decorative elements. Everything has been
painted with either a powdercoat, or Matthews sign paint.
3.1.2. Care Instructions:
This item should require minimal maintenance; however, it is very important that the
sprinkler system be adjusted to avoid getting water on the sign on a regular basis. The sign's
life will be significantly decreased if it gets soaked by the sprinkler every day, especially if a
sprinkler jet hits the panel with any significant pressure.
Otherwise, the sign may be gently wiped clean every 4 months with some mild soap or glass
cleaner, using a non-abrasive cloth, and wiped dry to avoid water spots.
In the event of a materials failure, damage, or vandalism please contact Trademark for
evaluations and repair.
3.2. The Champion's Flame
4 3 2 1
d —
o o
cw
Nampian Park
A Champion Kenitc Art Assembly A
3.2.1. Description:
The Champion's Flame is a fifteen-foot tall kinetic art sculpture made from welded steel
(hereafter called "the Sculpture"). The entire central assembly is mounted to a
precision-machined axle that allows for smooth, steady rotation of the Sculpture. The
Sculpture's axle is mounted into a rebar-reinforced concrete foundation, which extends into
the ground roughly three-feet below the surface. The movement is made possible thanks to
two large thrust bearings that are seated to the axle, and allow for smooth steady rotation
around the Sculpture's axis. Beneath the Sculpture, there is an adjustable nylon brake that
applies friction to the movement, and prevents the Sculpture from spinning too fast or too
long.
3.2.2. Use Case:
Normal use of the Sculpture is spinning the piece manually, by hand, while standing adjacent
to it. The motion is activated through direct manipulation from viewers. All other
interactions with the Champion's Flame represent misuse of the Sculpture.
The Sculpture is a kinetic art piece, not a play structure. It has been engineered to survive
wind loading, and to operate without mechanical malfunction during normal use. The
Sculpture is neither designed nor engineered to support the weight of people climbing on it.
People who climb the Sculpture may damage it, and could be at risk of falling. Even if
recreational immunity applies to injuries caused from misuse of the Sculpture, reasonable
attempts to prevent children from climbing it should be made. To assist in that effort,
Trademark has donated signage indicating the Sculpture should not be climbed.
3.2.3. Care Instructions:
The Champion's Flame is designed to require minimal maintenance under normal use. The
mechanical assembly is well sealed, and thanks to Boise's dry climate, should be able to
operate without maintenance for the life of the Sculpture. However, it is important that the
sprinkler system be adjusted so that water does not regularly hit the Sculpture, especially the
axle housing. If water is allowed to regularly soak the Sculpture, it may cause accelerated
wear of the paint.
The red and gold flame pieces will receive regular contact from people's hands, and will need
to be wiped clean using a gentle soap and a non-abrasive cloth and wiped dry to avoid water
spots, on a regular basis. It's likely that a quarterly cleaning will be sufficient (once every
four months, like the entrance sign), but it's possible a shorter interval will be required for
busier times of year.
If people are allowed to climb the Sculpture, it's possible that they could damage the painted
finishes, or even the metal structure of the piece itself. Any damage to the Sculpture from
climbing will be assessed and evaluated at the City's expense.
In the event of a materials failure, vandialiam, or any other issue, please contact Trademark
for evaluations and repair.