Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item 9B
Ci ['it OF SOUTH L 1 E MEMORANDUM May 9, 2017 To: Shana K. Yelverton, City Manager From: Chris Tribble, Director of Community Services Subject: Approve Whitaker Studio's final concept by artist Lyman Whitaker and approve contract with Whitaker Studio in the amount of $70,126 to provide public art to be installed at Frank Edgar Cornish, IV Park Action Requested: City Council consideration of artist Lyman Whitaker's final concept proposal for public art for Frank Edgar Cornish, IV Park in Town Square and approval of contract with Whitaker Studio in the amount of $70,126. Background Information: Since 2009, the City has successfully commissioned several public art projects as part of its Public Art Program, including pieces installed at: DPS Headquarters Five Roundabout Intersections (four currently installed, one scheduled for installation on May 18, 2017) North Park Bas Relief Family Park — Brian Stebbins Memorial DPS North Facility The Marq Southlake Sculpture The 2030 Public Art Master Plan recommends commissioning and installing public art pieces throughout Town Square as a walkable public sculpture art exhibit through some of the square's most vibrant retail and dining areas. The proposed art sculpture by Mr. Whitaker will be the first installment of the Public Sculpture Program in Town Square. A Call to Artists was released in December 2015 to local, regional and national artists requesting proposals for public art in Town Square. The City received 16 responses from the call. The submittals were reviewed by the Southlake Arts Council and artist Mark White was initially selected to provide a proposed concept for consideration. Upon further review of Mr. White's concept proposal at the May 23, 2016 Arts Council meeting, the Arts Council voted City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — May 16, 2017 Page 2 of 4 (6-0) not to pursue the art piece provided by Mark White, and to explore art from kinetic artist Lyman Whitaker. Mr. Whitaker accepted the invitation to provide a proposal and he and his project engineer, John Whitaker, conducted a site visit on September 27, 2016 and presented a preliminary proposal for Art Council's consideration at the September 27, 2016 meeting. Mr. Whitaker's final concept proposal for a kinetic art sculpture for public art in Town Square was presented to Southlake Arts Council on December 13, 2016, and approved (5-0). The Southlake Arts Council reviewed multiple location opportunities for this public art sculpture at their January, February and March meetings and unanimously proposed the art be placed in Frank Edgar Cornish, IV. Park in Town Square at the April 25, 2017 meeting due to the park's popularity and public exposure. The possible sites reviewed included Rustin Park, Central Park, Summit Park, Bicentennial Park (east side near log cabin), Bob Jones Park, Noble Oaks Park, future roundabout at Highland and White Chapel, and the Southlake Sports Complex. Staff has concerns about the placement of the proposed kinetic art sculpture being located in Cornish Park, due to the mature trees and surround buildings potentially affecting the movement of the individual pieces of the sculpture as the design intended, as well as, the already well programmed and used spaces within the park. Staff proposed several alternative locations to the Arts Council, however, the Arts Council prefers the Cornish Park location due to the popularity of the location and greater opportunity for interaction with the piece by patrons. A copy of the proposed Agreement with artist Lyman Whitaker and the final sculpture concept are included in the packet for your consideration. Financial Considerations: Funding in the amount of $75,000 for the design and installation of artwork was approved in the FY 2016 Public Art budget for Phase 1 of the Public Sculpture Program. Funding is also allocated in the FY 2017 Public Art Budget to complete the project. The Call to Artists identified the maximum project budget as $75,000, with $4,000 being set aside for installation expenses incurred by the City. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — May 16, 2017 Page 3 of 4 Strategic Link: Selection of Public Art is linked to the City's Strategy Map related to the focus area of Quality Development and meets the corporate objective to provide attractive and unique spaces for the enjoyment of personal interests. It also addresses Critical Business Outcome CB05, to implement Southlake's Comprehensive Plan recommendations. Citizen Input/ Board Review • Selection of finalists complies with the Public Art Policy and Southlake 2030 Public Art Master Plan • Southlake Arts Council recommendation to Close Call to Artist and to pursue selected kinetic artist(s) for commissioned art piece February 9, 2016 • Southlake Arts Council recommendation on kinetic artist Mark White to provide an art concept March 22, 2016 • Southlake Arts Council recommendation of selected art piece following review of the video demonstrating the art piece movement May 23, 2016 to pursue alternative art from artist Lyman Whitaker • Southlake Arts Council review and recommendation (5-0) on December 13, 2016 of kinetic artist Lyman Whitaker to provide art concept; noting three Arts Council members prefer a circular base and two members prefer an octagonal shaped base. • The Southlake Arts Council reviewed multiple location opportunities for the public art sculpture at their January, February and March meetings and unanimously proposed the art be placed in Frank Edgar Cornish, IV Park in Town Square at their April 25, 2017 meeting • City Council selection of final art piece and award artist contract May 16, 2017 Legal Review: Not Applicable Alternatives: Approve artist proposal and contract for art for the park as presented Approve artist proposal and contract for art for the park with modifications City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — May 16, 2017 Page 4 of 4 Decision not to approve the artist proposal and contract for art for the park Supporting Documents: Contract with Whitaker Studios for Lyman Whitaker concept Proposal from Whitaker Studio Recommendation: The Southlake Arts Council recommends City Council approval of Whitaker Studio's final concept by artist Lyman Whitaker and approve personal services contract with Whitaker Studio in the amount of $70,126 to provide public art to be installed at Frank Edgar Cornish, IV Park in Town Square City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND WHITAKER STUDIO, INC. (ARTIST). CREATION OF SCULPTURE COLLECTION WITH TWELVE KINETIC SCULPTURES WITH VARIED HEIGHTS RANGING BETWEEN 12 AND 23 FEET TALL INSTALLED WITH LIGHTING FOR THE CITY OF SOUTHLAKE made as of the day of January in the Year 2017 BETWEEN the City: The City of Southlake, Texas 1400 Main Street, Ste 440 Southlake, Texas 76092 Telephone 817-748-8384 and the Artist: Whitaker Studio 899 Coyote Gulch Ivins UT 84738 for the following Artwork: Creation of a sculpture with 12 kinetic sculptures (4 Agave, 4 Fleur-de-lis, 4 Guardian Angel, as detailed in Attachment A) ranging in height from 12 feet to 23 feet for the City of Southlake to be located in Frank Edgar Cornish, IV Park at 399 Grand Avenue, Southlake TX 76092 The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Southlake, Texas, a home -rule municipal corporation located in Tarrant and Denton County Texas, hereinafter referred to as "City", and Whitaker Studio Inc., hereinafter collectively referred to as "Artist", to be effective from and after the date as provided herein, hereinafter referred to as the "Agreement", WHEREAS, the City desires to engage the services of the Artist to create sculptures to be located in Frank Edgar Cornish, IV Park at 399 Grand Avenue, Southlake TX 76092. WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained, the parties agree as follows: WhitakerMhitaker Studio Artist Contract Page 1 of 22 ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist - The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Art. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Design and Installation - The parties agree that Artist shall perform the services set forth and described in the proposal, Exhibit "A", which is attached and incorporated herein by reference. The Artist shall furnish all materials, labor, tools, equipment, apparatus, facilities and anything else necessary to complete the Artwork in a workmanlike manner. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", in the form of written change orders, may be authorized from time to time by the City. The Artwork shall be delivered at the artists cost and expense. The Artist will be responsible for the installation at its location, including the crane and related equipment and labor. The City will be responsible for barricades and traffic control. Design and installation of the Artwork shall comply with applicable building codes and seismic safety regulations. The City shall be responsible to provide the Artist with the applicable building codes and seismic safety regulations. 1.3 Size of Artwork - The completed Artwork shall be true to the estimated measurements and constructed out of the materials described in Exhibit "A". 1.4 Permits, Licenses, and Taxes - The Contractor for the project shall obtain and maintain during the term of this Agreement, all permits (including a City building permit), licenses, and certificates and pay all taxes that may be required in connection with the performance of services under this Agreement. Notwithstanding any other provision of this Agreement, neither Artist nor Whitaker Studio, Inc. shall be charged a fee for issuance of a City building permit or any City license. The City shall be responsible to provide the Artist with a list of required permits, licenses, and certificates required and contact information for the appropriate parties to contact. 1.5 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Artwork Billing and Budget attached as Exhibit "B" and incorporated herein by reference. 1.6 Artwork Installation Site — The Artwork shall be permanently affixed to the installation site, to be located in Frank Edgar Cornish, IV Park at 399 Grand Avenue, Southlake TX 76092 unless the City exercises its option to relocate as set forth in Section 8.2. The Artist shall design and construct the sculpture and Whitaker/Whitaker Studio Artist Contract Page 2 of 22 its base so that the art installation will be structurally safe and sound and comply with current municipal building codes and seismic standards in accordance with the Uniform Building Code. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Artwork Data - The City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness of such information. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Artwork (the "Project Manager"). The City, by and through this authorized representative, shall examine the documents submitted by the Artist and render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. 2.3 Reimbursement for Travel — The Artist shall pay for all travel as it applies to this agreement. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in Artists proposal, Exhibit "A", compensation for this Artwork shall be seventy thousand, one hundred and twenty six dollars and no cents ($70,126) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Artwork Billing and Budget as set forth in Exhibit "B". The final ten percent (10%) of the Artist's Fee, or Seven thousand dollars and no cents ($7,000) shall not be paid until the Artist has completed all of the Artwork services and tasks described in Exhibits "A" and "B". The Artist will also be required to fill out the proper paperwork to become an approved vendor of the City before payments commence. City will ensure the artist is provided with the proper paperwork and notify the artist of any incomplete and/or missing paperwork. 3.2 Artwork Suspension - If the Artwork is suspended or abandoned by the City in whole or in part for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment by the City, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items WhitakerMhitaker Studio Artist Contract Page 3 of 22 prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Artwork is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Artwork is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Artwork is the property of the City; The Artist retains Copyright in and to the Artwork under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce the Artwork at any size. Each edition of sculptures placed in the same or significantly similar configuration will be clearly marked as a limited edition. If the City should desire to place the Artwork in a location that is not shown on Exhibit B, the City shall first notify the Artist consistent with Section D herein as to the new location. The City shall be entitled to copies of the plans that are prepared by the Artist in connection with the installation of the Artwork under this Agreement. The ownership of the sculpture is transferred to the City upon full payment of Artwork described in Exhibits "A" and "B". 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense, to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. All aforementioned work product created by Lyman Whitaker will include the words: CREATED BY LYMAN WHITAKER 4.4 Copyright Notice — The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: WhitakerMhitaker Studio Artist Contract Page 4 of 22 Copyright Lyman Whitaker and Whitaker Studio, Inc. or © Lyman Whitaker and Whitaker Studio, Inc. 4.5 Representations and Warranties Regarding Copyright — The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. 4.6 Warranty of Title — The Artist represents and warrants that the Artwork is free and clear of all liens from any source whatsoever. ARTICLE 5 FABRICATION 5.1 Specifications — Artist will create the Artwork, or cause it to be fabricated, in substantial conformity with the specifications set forth in Exhibit "A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change" will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he must request written approval of the change in writing at the address provided in Article 14. The City will provide a written response within thirty (30) calendar days of receipt of the request. 5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion — Artist will notify the City in writing in the manner provided in Article 14 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements of this Agreement prior to delivery and to give written approval or disapproval of the Artwork within thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Regarding installation of the Artwork, cooperation from the City's designated staff is required. City will provide Artist with the Whitaker/Whitaker Studio Artist Contract Page 5 of 22 •' 1 specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The base and artwork installation, including lighting, will be completed by the Artist. The designated city staff member will utilize these drawings and if, during installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Artwork into conformance with the drawings. 5.6 Warranty of Craftsmanship — The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within two (2) years of the completion of the Artwork by the Artist and acceptance of the Artwork by the City, Artist will remedy any defects at Artist's sole cost and expense during this period. ARTICLE 6 STORAGE 6.1 Storage - Storage of the Artwork, if necessary, is the responsibility of the Artist until the Artwork is delivered. Upon delivery, storage of the Artwork, if necessary, is the responsibility of the City. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Acceptance - City will inspect the Artwork prior to taking delivery to determine whether it conforms with all of the requirements of this Agreement. The Artist shall furnish City with a full description of the Artwork. If the City finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing and Artist will have a reasonable time and opportunity to address and cure any defects, requests or concerns of the City. Final acceptance shall be determined by the City in its sole and absolute discretion. The City shall notify the Artist in writing of its final acceptance of the Artwork. In no event shall the final acceptance occur more than thirty (30) days from the date of installation. 7.2 Title and Final Acceptance - Title of ownership of the Artwork shall pass to the City upon final acceptance. ARTICLE 8 INTEGRITY OF THE WORK WhitakerMhitaker Studio Artist Contract Page 6 of 22 9B-11 8.1 Routine Maintenance — The Artist shall provide to City written instructions for appropriate routine maintenance and preservation of the Artwork. 8.2 Repairs - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City without charging the City in connection with any such non -routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that the Artist is able to do so. During Artist's lifetime, the City will not undertake any non -routine maintenance on the Artwork without attempting to consult with the Artist or the Artist's authorized representative unless required by an emergency. 8.3 Relocation of the Work — To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, assignment to the City of the copyrights described herein. 8.4 Credit — The City agrees, at its own expense, to prepare and install at or near the Artwork a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 RISK OF LOSS/INSURANCE COVERAGE 9.1 Risk of Loss — The risk of loss or damage to the Artwork shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are reasonable to protect the Artwork and the materials relating hereto from loss or damage until final acceptance. 9.2 Insurance — The Artist, consistent with the Artist's status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; WhitakerMhitaker Studio Artist Contract Page 7 of 22 9B-12 ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insured's, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. 9.3 Insurance Requirements - The Artist shall: Name the City, its officers, agents, representatives, and employees as additional insured's as to all applicable coverage with the exception of workers' compensation insurance; ii. Provide for at least thirty (30) days prior written notice to the City for cancellation, non -renewal, or material change of the insurance; and iii. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 9.4 Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. 9.5 Certificate of Insurance — A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of the Artist's records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, WhitakerMhitaker Studio Artist Contract Page 8 of 22 9B-13 conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Artist agrees that the Artist is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit "D" and incorporated herein by reference for all purposes, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. The Artist agrees that the Artist is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "E" and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default — Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist, shall constitute a default. Artist shall be given a reasonable time within which to cure said default after receiving said notice in writing. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) days written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Artwork design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Artwork cannot be completed within the budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Artwork. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed that Artist has been compensated for. The Artist shall receive full payment for services satisfactorily performed (as outlined in Exhibit "B"), and as solely determined by the City. The City shall make this final payment within thirty (30) days of notifying the Artist. WhitakerMhitaker Studio Artist Contract Page 9 of 22 11.3 Remedies Cumulative - The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. The cost of the mediation shall be divided equally between the Artist and the City. ARTICLE 13 INDEMNITY Indemnification - Artist agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Artist or any agent, employee, subcontractor, or supplier of Artist in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Artist agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Artist's performance under the Artist's Bid or this Agreement, including attorneys' fees and court costs. The provisions of this Article shall survive the termination or expiration of this Agreement. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Project Manager: Chris Tribble City of Southlake 1400 Main Street, Ste 440 Southlake, Texas 76092 Whitaker/Whitaker Studio Artist Contract Page 10 of 22 9B-15 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Whitaker Studio, Inc. 899 Coyote Gulch Ivins UT 84738 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving written notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "E", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. Whitaker/Whitaker Studio Artist Contract Page 11 of 22 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Tarrant County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Tarrant County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for a substantial consideration, the receipt and sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity or any other legal defense by entering into and performing its obligations under this Agreement. 15.12 Representations — Each signatory represents that this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. WhitakerMhitaker Studio Artist Contract Page 12 of 22 9B-17 15.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 No Third Party Beneficiaries — Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement 15.15 Relationship of Parties — The provisions of this Agreement shall not be construed to create a partnership or joint venture between the parties. Artist is performing Artists' services as an independent contractor and the doctrine of respondeat superior shall not apply between the City and the Artist. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: CITY The City of Southlake, Texas Shana Yelverton Title: City Manager ARTIST Whitaker Studio, Inc. In Lyman Whitaker Title: Artist / President WhitakerMhitaker Studio Artist Contract Page 13 of 22 Approved as to Form: By: Taylor, Olson, Adkins, Sralla, and Elam L.L.P City Attorneys STATE OF TEXAS: COUNTY OF TARRANT: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED SHANA YELVERTON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2017. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED KATHLEEN CARICOF KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ., 2017. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS WhitakerMhitaker Studio Artist Contract Page 14 of 22 EXHIBIT "A" SCOPE OF SERVICES, ARTIST PROPOSAL [insert proposal here] WhitakerMhitaker Studio Artist Contract Page 15 of 22 •' 1 EXHIBIT "B" COMPLETION SCHEDULE/ARTWORK BILLING AND BUDGET AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND WHITAKER STUDIO, INC (ARTIST) CREATION OF SCULPTURES FOR THE CITY OF SOUTHLAKE Task Timeline City Artist Conceptual Month 1 (December Check #1 in the Begin engineering drawings and 13, 2016 to January amount of $35,126 documents. approvals 18, 2017) (50%) paid upon signed contract Engineering Month 2 Check #2 in the Continue documents (January 18, 2017 amount of $14,000 fabrication. to February 18, (20%) upon city 2017) approval of engineering documents Month 3-4 Check #3 in the Continue and (March — April amount of $14,000 complete 2017) (20%) paid upon fabrication. city approval of completely fabricated sculptures. Month 5-6 Sculptures & (May — June 2017) lighting delivered to City and installed at Site by the Artist. Final acceptance by Month 6 Approve work. project manager; (June 2017) submit maintenance Check #4 in amount worksheets; of $7,000 (10%) dedication. due upon successful installation. WhitakerMhitaker Studio Artist Contract Page 16 of 22 9B -21 EXHIBIT "C„ MAP OF INSTALLATION SITE Gateway Church § \ % « ƒ k` \ ,,Py Ln ~ OpeH me p `� §` \ OSout hl e Town Sg2 re E ;ouIhIake E Saulh I ake ma , e n ;O § " \ menrl Market Map data @20 16 Google 399 Grand Ave, Soahbke.TX 76092 Geter tons Whi krMhi krStudioAud Contract Page 17 a2 9B-22 EXHIBIT "D" AFFIDAVIT THE STATE OF COUNTY OF § I, , Artist, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project (check all that apply); Ownership of 10% or more of the voting shares of the business entity. Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least $2,500. None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Southlake, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this day of , 2017. WhitakerMhitaker Studio Artist Contract Page 18 of 22 9B-23 Signature of Official/Title BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of , 2017. Notary Public in and for The State of My commission expires: Whitaker/Whitaker Studio Artist Contract Page 19 of 22 EXHIBIT "E" INFlOIR.lATIAVREtAxOINGVENDOR COAFLICTOFINTEREST QUFSr01VN jAE O A TerRan mio file a conflici ri6 interest questionnaire with the City if the person hm a eraplcymcuL or Business rcltrtinrlchir �., i 'l1 an officer of the City [hat rmulm in taxatple income exceedirig $2,500 wring the lsn°:L70j ,ig 1welye inonTh period, or an officer or a member of the officzr's familly hag act cp1crl gi4is wiiih an aggregate naive of more than $250 during the Previous twelve month period ark the person engages in any of the follo'lAing actions: 1_ contracts or seeks to contract for the sale or puvuhnse or property. goods, or services vAtb the City, including any of dtie following, a, writim and implied conwwls, utility purchases, purchase ordcrs, credit card purchascs artd any purchase of loads wid serviuc5; by the City, b, Contr is for the ppurulvi r. cr Wr of'real property, personal property including an motion of property; G. talc abatement Arid rconumic dcvcloprnent Hgrcernents; 2, submits a bid to sell goods or service or rmgmn6 to a rcqucst for proposal far sexviem, enters into negoliatioi s with the City for a cnrymwt; of 4- applics for a tax abatement andfor ocanarnic devrigpment incentive that will result in a contract with the City. HE FOLLOWING ARE CONSIDERFD D Okit'K'MRS OF TILE C'IT'Y: I . Mayor and City Council PvMcm5u;,- 2, City manager; 'i. Board and Commission rnemhcrg apppintcd by the Mayor or City C- toil members; 4. Dit+eetors of 4A and 413 devclopuncnt PxWrations. 5, the exf,utivc directors or managers of 4A and 4B development cerrpuralians; aard G. Di rectors of the City of Soutlllake v" have autheri.ty to gigtl LmntTwLs on hchalf of the C itv. EXCLUSIONS: A questionnaire slatement rleed not be filed i.f tlrc rnnncy paid to a local goverruncat officer vva3 a political conirribution, $ gift to a member of thr offw-w's family from a family rnernb r, a ccmiract or Purchase of less than ',$2,500 or a transaction �d a price and subject W-SoUtbi&kV3Ai Irdnei..'r,WI. - i, 7f. Affl—h-m UQAJ'4160NA,x. pME 1 GB WhitakerMhitaker Studio Artist Contract Page 20 of 22 9B-25 VP teams mailable to ilne public;; a payment for fcxmi, lodging, taanspcTmioli or cntertainrc mi; or a transaction subjcv€t to rate or fee regulation by a govcrnrincntal entity or agemy, WHAT: A person or budm&c that omtnacts tuiuh tl a (;ity or who soaks to contract % th the City ronin file a "conflict of interest quica imunire" (FORM CIQ) Which is available online at www'.etllies_mtate_gx.us and a copy of wfdcb is attnc,Yipd to this Guidcliue. The foran ea,ntjti ns titer dmury disclosures regarding "ernploymmt or business relationships" with a rnuaicipal officm OffieialS may be askod to clarify or interpret vari m m portiom of ffic questionnaire. WHEN: The person nr business rnusf file:. l.. the ques-itianiw re no laic[ titan seven days after the dente Lbc person or business be -gins contract discussions or rrcgodations with the. rntaricipality" or submits an application, rends to a ncc mst for proposals or bids, rctirespondcnce., or ether writing relater] to a potential contract or agreement with the City, and 2. An updated questionnakc within seven day --t after the date of an event that %vould [sake a FiIrd questionnaire incomplete or irimmu ate, It dans not matter il` the submitial of a bid or proposal results in a contrac:L The gatuw Mires a vendor to file a FORM CIQ at the time a prVo,90 is submitted or negotiations corn=rnec, WHERE- The vendor car potcritial vendor must mail or deliver a completed ci uestiormairc to the Finance Departmernt_ The Fimance Depwrimem is m1miredbylaw to pao she vatet emAN OJT Ake chy's ipn-mee We6sile. RNFORCE141Uff., Failure to file a questtonna,9 re is a clary a nsiWcrncanor punishable by a Fine not to cx=4 $500. It is an exe-eptitm to gmseca d -m that die person files a F -)DR l CiQ not later than seven business days mfRcr the perso-n received not m ofa viol.atia®, I9[CeMTE: The City flocs riot have a dkLty to ensure that a puw. n files a confilet of inter questionnairc. tv:'&wnivar.'�l�tiur�ia�eae�'wChnpo�t7a.,BzMnWM ii�`3+i!�}.wc Pap 2&S WhitakerMhitaker Studio Artist Contract Page 21 of 22 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affIlitation or business relationship. (Complete this section only if the answer to A, E, or C is YES..) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has afflliation or business relationship. Attach additional pages to this Form CIO as necessary. µ. Is the loci I government officer named in this section receiving or likely to receive taxable income from the filer of the :.iestionnaire? F]Yes E—] No B. Is the fifer of the questionnaire receiving or Iikely to receive taxable income from oral the direction of the local government officer named in this section AND tate taxable income is not from the local governmental entity? El Yes El No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent OF more? Yes F--] No C?. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the govemmental entity Date A. -d" WhitakerMhitaker Studio Artist Contract Page 22 of 22 City of Southlake 1400 Main Street Southlake, TX 76092 To the Residents and City Officials of Southlake, For your review, the revised proposal for Kinetic Sculpture at Frank Edgar Cornish Park in Southlake Texas is attached. This Revision contains all elements of our previous proposal and incorporates the following modifications identified on our site visit in September. Display area changed from 18' to 16'. The number and style of sculptures remains the same, however the height of the tallest sculptures was increased by approximately two feet. This allowed us to place the surrounding sculptures closer. Also, we changed the concrete circle to an octagon. We felt that the octagon provides a better relationship to seating in the area as well as a cleaner transition to join the pavers surrounding the sculpture. The finish texture of concrete surface will be chosen after a local contractor in Southlake is selected. Lighting placement identified. Lighting will be accomplished with eighteen (18) in ground color LED RGB lights. Simulations included. Color control and brightness will be accomplished with an RF remote control. Stainless steel sleeves will be installed at base of each shaft to cover mounting screws and prevent tampering. Cost and timeline remain unchanged. Thank you for your consideration John Whitaker t 0 L, , � eft lmvm; 4= Table of Contents Letter of Interest Description of Installation Images Day & Night concept renders (Revised) Layout of Proposed installation (Revised) Timeline Preliminary Cost Proposal Similar Projects Cost Comparison Typical Sculpture Reference Lighting Details and Diagrams (Revised) •' 1 City of Southlake 1400 Main Street Southlake, TX 76092 To the Residents and City Officials of Southlake, We are very honored to be contacted as an artist for the Frank Edgar Cornish, IV Park kinetic art commission in Southlake, Texas. Lyman Whitaker and Whitaker Studio are looking forward to being involved in this project. Lyman has built an excellent international reputation as a fine artist over the past fifty years. His primary focus for the last three decades has been on kinetic wind sculptures. This body of work has been well received in public and private venues and is respected for its mechanical integrity as well as its ability to invoke admiration and amazement alike. Lyman's reputation for producing quality kinetic sculptures is surpassed by none. Lyman's work has a mesmerizing effect as the varied currents of the wind interact with the sculptures and can be best appreciated when viewing the sculptures in motion. Please see https://spaces.hightail.com/space/Lknow for video and photo samples of our public commissions. Whitaker Studio has been awarded a wide array of large-scale public commissions over the past decades. Our well-equipped Studio, allows us the capability to accomplish a large commission on time, within budget to proposed specifications. If you need any additional information, please do not hesitate to contact us. Sincerely, Whitaker Studio 9B-31 Whitaker Studio I Description of Installation The enclosed proposed concept of a Kinetic Art Display for the City of Southlake, Frank Edgar Cornish, IV Park. This concept seeks to enhance the experience of the upscale nature of the shopping and dining and to integrate with the unique design of the park. Visitors will feel engaged by the display, which also provides a visual representation of the positive flowing energy inherent in this scene. The sculptures in this display include designs that complement the urban setting and the design of the park and surrounding area. The Fluer-de-lis design integrates and flows with the fountain, while simultaneously curving like the curved archways of the surrounding architecture. The Guardian Angel design reinforces the sense of strength and security reflected throughout the park and surrounding architecture by the pillars. And finally, the Agave's simple complexity of multiple moving parts reflects the visitors and business all working separately as well as together as a team. As an overall part of the design, the pieces are created in varying heights and sizes to help reflect the natural variety of the surrounding environment. In addition, the lighting at night adds another dimension. This will create a brand new perspective that will still maintain all of the same attributes but will bring the display to life in a way that will feel re -invented. This display will look amazing from any angle and perspective. Whether standing several hundred feet away, directly underneath, or even from the window of a two-story building the display will look incredible. Lyman's sculptures are pieces of Fine Art. These kinetic works will reinforce the upscale nature and feeling in the area through their designs and function. Their quiet fluid response reinforces that notion while simultaneously resulting in an elegant playfulness. Lyman's artwork, and this display, will be created with the highest standards of quality. Each piece is handcrafted and created from materials that are durable and their designs well tested over time. The sculptures will have sealed parts that require no maintenance. The shafts (poles) are painted with catalyzed automotive paint which extends their longevity. Overtime they may experience some fading from the sun, not unlike a car, and touch up may be applied. The included proposal will outline the specifics of the display and the included pictures can provide a glimpse of how the display would look as a snapshot, although the full effect will only be realized when the pieces are turning and rotating as a group. This display is sure to enhance and engage the community and become an attraction in and of itself. Whitaker Studio, Inc. Description of Installation City of Southlake Or If, I aw qw MR.. sill's m mi Southlake, - co .v M�| | ^ U| _ ^~ U ~^ ./ South Lake, Texas - Concept render with simulated lighting i r South Lake, Texas - Concept render with simulated lighting 2 South Lake, Texas - Concept render with simulated lighting 3 Whitaker Studio Kinetic Public Art Concept For Frank Edgar Cornish, IV Park Southlake, Texas R2 -10/31/2016 Projected Spacing and height are subject to final designs of custom sculpture sizes and engineering For this project a 016' area is recommended Lighting provided by 18 in - ground RGB LED fixtures Additional information on suggested lighting is included in this proposal packet Approximate All sculptures placed Light locations 6"+ from edge 6"+ from edg Flueo-delis Q Custom (Huge) 016' (inscri 110,122" 151 ,140, Gnacdian Angel Flner�le-Ls Cuswm (Sub Hug C-_ (a-'. 9",1o6" O Guardian An, cnamm (rxaa Ievge) 83 89 46'x,95" AgG—dian Angel (Lavge) ave (Cxtra Lacge) Fluec�ir161cge) • Agave (Lacge) 0 0 99 46" r�aeo-dGtia Gistom (Sub Huge) O • 98",8" 153",62" Agave C--, (Sob Huge) O 40 9B-37 Whitaker Studio I City of Southlake Timeline The following timeline is for the project outlined in this packet. Changes to the project may alter the timeline. Timeline Activity Days to Complete Contract Awarded Start Design and Fabrication of the Sculptures 120 Installation (scheduling/logistics — 14 days onsite 30 Lighting Installation 15 Total Timeline Start to Finish 165 days Contract Awarded Prior to February 2017 Shorten Timeline 30 days for 135 days to Finish Contract Awarded — Time at which City of Southlake awards Whitaker Studio the contract to create and install a Kinetic sculpture display. Design and Fabrication of Sculptures — The creation of the sculptures and their related accessories for the Kinetic sculpture display. Installation (scheduling/logistics) — The placement of the footings and ground stakes and installation of the sculptures. Lighting Installation — The installation of the light fixtures and lighting controls that will illuminate the display at night. Contract Awarded Prior to February 2017 — Due to natural business cycles, the winter months are more flexible allowing more focus from the artisans to complete the display. Whitaker Studio, Inc. City of Southlake — Timeline September 2016 Whitaker Studio I Lyman Whitaker Sculptor 435.656.1171-T 9B-38 899 Coyote Gulch Ivins, UT 84738 435.656.0757- F admin(c)whitakerstudio.com www.whitakerstudio.com City of Southlake, Frank Edgar Cornish, IV Park, Southlake, Texas Sculpture Display - Preliminary Cost Proposal R2 - 10/31/2016 No. Sculpture Design Size Overall Height Ground to Sculpture 1 Agave Large 23' 21' 2" 2 Agave Extra Large 16' 4" 10.9.. 3 Agave Extra Large 12' 11" 14' 1" 4* Agave Sub Huge 13' 3" 9' 5 Fleur-de-lis Large 21' 6" 19' 7" 6* Fleur-de-lis Extra Large 13' 1" 10' 3" 7* Fleur-de-lis Sub Huge 17' S" 13' 7" 8* Fleur-de-lis Huge 14' 9' 9 Guardian Angel Large 19' 6" 18' 10* Guardian Angel Extra Large 12' 6" 10' 3" 11* IGuardian Angel Sub Huge 17' S" 14' S" 12* IGuardian Angel Huge 12' 11" 9' Engineering Sculpture Sub -total Installation Footings and setup Lighting Shipping Installation Sub total Sculpture & Installation Sub total Tax Total $2,429 $37,126 $11,000 $20,000 $2,000 $33,000 $70,126 $0 $70,126 Preliminary proposal - acutal cost will vary based on site condition and client criteria *These design sizes will be custom - actual size and height may vary from proposal Provided video clip(s) and images assist with describing a display and are representational Sculpture motion varies with wind Whitaker Studio I City of Southlake Similar Project Cost Comparison Below is the cost of the City of Southlake proposal and examples of art installations of 5 or more sculptures over the last few years. Changes in price per piece can be attributed to whether or not installation and lighting was provided by the artist, the condition at the site of installation, and the custom nature of the pieces. Some features of the City of Southlake proposal that add to the value of the City of Southlake's Installation are: • Installation is included • Lighting is included • Lyman is creating new pieces never before created City of Southlake, TX. Twelve Sculptures. Cost $70,126. Per Sculpture $5,843. Installation included. Lighting Included. EI Monte, CA — 2015. Five sculptures. Cost $28,550. Per Sculpture $5,710. Installation included. No Lighting. Lancaster, PA — 2014. Forty-two sculptures. Cost $194,000. Per sculpture $4,619. Lighting and Installation Included / Lancaster Assisted in Installation. Completed with a net loss. Laughlin, NV — 2014. Twelve Sculptures. Cost $36,979. Per sculpture $3,081. No installation. No Lighting. City of Buffalo, NY — 2013. Five Sculptures. Cost $46,500. Per sculpture $9,300. No Installation. No Lighting. Custom pieces created and all sculptures made from Stainless Steel. West Valley City, UT — 2013. Twenty Sculptures. Cost $99,550. Per sculpture $4,900. Installation included. Whitaker Studio, Inc. Existing Project Cost Comparisons Southlake City, TX Traditional Reference Wind Sculpture Construction 9B - 40 Whitaker Studio, Inc. March 2015 Copper Caps & Reducers -attached to copper sleeve with epoxy and, as needed, brass screws Stainless Steel Ball Bearing -at top or near the top of sculpture -in either a copper cap or copper reducer (depending on sculpture design) Copper Sleeve -coppertube -starter patina on outside surface Arms -stainless steel round wrap formed to fit copper sleeve -Reinforcement on select arms -Attached to sleeve with soft solder Cups -copper sheet cut then formed to shape -attached to arms with silver solder -starter patina on open face Upper Shaft -inside copper sleeve -steel round -Painted with catalyzed paint Lower Stainless Steel Ball Bearing -Feature available on commercial grade sculptures -located in a copper or brass bearing retainer at bottom of sleeve -Pricing available on request Lower Shaft -steel pipe (slides over and is fastened to ground mount) -Painted with catalyzed paint Stainless Steel Security Sleeve -Feature available on commercial grade Sculptures (covers set screws) Lights -Studio recommended lighting solution -In-ground LED; 2-5 Fixtures per/sculpture -Details & pricing available on request Ground Mount -steel round -Painted with catalyzed paint Concrete Footing -reinforced as necessary -ground Mount cemented in -Shape & size vary by sculpture and installation Tiered Sculpture Reference Wind Sculpture Construction 9B - 41 Whitaker Studio, Inc. Sept. 2o16 Copper Cap -on top hub Brass Hubs Stainless Steel Ball Bearings -in each hub Arms -stainless steel round silver soldered into brass hubs Cups -copper sheet cut then formed to shape -attached to arms with silver solder -starter patina on open face Upper Shaft -Bolt -Through brass hubs Brass shield -attached to bottom hub Lower Shaft -steel pipe (slides over and is fastened to ground mount) -Painted with catalyzed paint Stainless Steel Security Sleeve -Feature available on commercial grade Sculptures (covers set screws) Lights -Studio recommended lighting solution -In-ground LED; 2-5 Fixtures per/sculpture -Details & pricing available on request Ground Mount -steel round -Painted with catalyzed paint Concrete Footing -reinforced as necessary -ground Mount cemented in -Shape & size vary by sculpture and installation Fleur-de-lis Reference Wind Sculpture Construction 9B - 42 Whitaker Studio, Inc. 2016 Copper Caps -attached to copper sleeve with epoxy and, as needed, brass screws Stainless Steel Ball Bearing -at top or near the top of sculpture -in copper cap Copper Sleeve -coppertube -starter patina on outside surface Arms -shaped stainless steel rod -reinforcement on select arms -silver Soldered to Brass Collar Brass Collar -soft soldered to sleeve Cups -copper sheet cut then formed to shape -attached to arms with silver solder -starter patina on open face Upper Shaft -inside copper sleeve -steel round -painted with catalyzed paint Lower Stainless Steel Ball Bearing -feature available on commercial grade sculptures -located in a copper or brass bearing retainer at bottom of sleeve -pricing available on request Lower Shaft -steel pipe (slides over and is fastened to ground mount) -painted with catalyzed paint Stainless Steel Security Sleeve -feature available on commercial grade Sculptures (covers set screws) Lights -studio recommended lighting solution -in-ground LED; 2-5 Fixtures per/sculpture -details & pricing available on request Ground Mount -steel round -painted with catalyzed paint Concrete Footing -reinforced as necessary -ground mount cemented in -shape & size vary by sculpture and installation Lighting Detail Whitaker Studio, Inc. Light Fixture - .a a � a ° Hole: Min. 14" Deep Min. 14" Wide Light fixture well .: Top soil/ Landscaping ~3" Concrete ~6" d rn Direct burial ° wire ° a Conduit PVC canister Gravel (Drainage) Extra wire for light replacement/ maintenance PVC Cap (weep holes/drainage) o aspect LED Product Datajheat AL -IG -M-9 Medium In-Ground/In-Wall LED Light - UltraBright 9W aspectLED's in-ground/in-wall lights are clasically styled recessed fixture that provides electricians, architects and lighting designers with an attractive and timeless accent lighting solution for a variety of interior and exterior applications. Excellent for stair safety, garden walls, building accent, pathway and landscape lighting. These lights feature an IP67 rating with an aluminum body and stainless steel trim bezel. Available in a variety of voltages. Dimensions: 4.25" Diameter x 3.5" Depth Color options: Warm White - 2700-3000K, Cool White - 4000-4300K, DayWhite (Daylight White) - 6000-6400K, Red, Green, Blue, Yellow/Amber, or RGB (multi -color) Luminous Flux (Brightness): 438-542 Lumens LED Wattage: 9 watts Power Consumption: 10 watts Input Voltage: 24VDC, 12VDC, 120-240VAC (solid colors only), 200-277VAC (solid colors only) LED Quantity: 3 high brightness SMD Series 4 Ultra -bright LEDs LED Beam Angle: 15, 30, 45, 60 or 90 Degrees IP Rating: IP67 Lens: Clear step -tempered safety glass Waterproof Seal: Double silicon gasketed seal Ambient Operating Temperature: -30 to +131 degrees Fahrenheit Average lifespan: 50,000 hours Weight: 3.1 pounds Warranty: 1 year Part #'s/Accessories 120-240VAC version: AL -IG -M-9-120 200-277VAC version: AL -IG -M-9-277 24VDC version: AL -IG -M-9 12VDC version AL -IG -M -9-12D Optional mounting sleeve: AL -IG -M -9 -MS www.aspectled.com