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Item 4ICity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M January 3, 2018 To: Shana K. Yelverton, City Manager From: Cassie Tucker, Strategic Operations Manager Subject: Approve final concept and contract with artist Michael Warrick in an amount not to exceed $90,000 for public art to be installed at the Zena Rucker and Tower Road roundabout Action Requested: Approve final concept and contract with artist Michael Warrick in an amount not to exceed $90,000 for public art to be installed at the Zena Rucker and Tower Road roundabout Background Information: A Call to Artists was released on August 31, 2018 to local, regional and national artists requesting proposals for public art to be placed in the City’s seventh roundabout. At their October 23rd, 2019 meeting, the Southlake Arts Council reviewed eighteen (18) submittals, and unanimously selected artist Michael Warrick’s “Mockingbird Tree” as the finalist. The Southlake Arts Council formally approved the final concept presented by Michael Warrick at their meeting on December 10, 2018. Renderings of the final concept and proposed contract are attached to this memo. A moquette will also be available for review at the meeting. Financial Considerations: Funding in the amount of $90,000 for the design and installation of artwork is provided in the roundabout project budget. Additionally, a $1500 stipend was provided to the finalist selected to provide his complete proposal for Arts Council recommendation and City Council consideration. Strategic Link: Approval of the final concept is linked to the City’s Strategy Map related to Quality Development and Performance Management and Service Delivery and meets the corporate objectives of Collaborate with Select Partners to Implement Service Solutions and Invest to Provide and Maintain High Quality Public Assets. 4I - 1 Shana Yelverton, City Manager Meeting Date – January 15, 2019 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Citizen Input/ Board Review: The selection of public art complies with provisions of the Public Art Display and/or Performance Policy and the Southlake 2035 Public Art Master Plan. Southlake Arts Council reviewed responses and selected artist Michael Warrick’s “Mockingbird Tree” sculpture proposal for final concept approval October 23, 2018 Southlake Arts Council recommended (7-0) artist Michael Warrick’s “Mockingbird Tree” concept December 10, 2018 City Council consideration January 15, 2019 Legal Review: Not Applicable Alternatives: Decision not to approve final concept and contract, and explore other options Supporting Documents: Renderings of “Mockingbird Tree” concept Contract with Michael Warrick for public art piece Recommendation: Approve final concept and contract with artist Michael Warrick in an amount not to exceed $90,000 for public art to be installed at the Zena Rucker and Tower Road roundabout 4I - 2 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com S ou T hlake | T exa S MOCKINGBIRD TREE Z e N a r ucker r oad /T o W er B oulevard r ou N da B ou T 4I - 3 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 4 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 5 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild • Celebrates the tree as one of Texas’ natural resources • Incorporates three Mockingbirds (the Texas state bird) to represent the medical, retail developments and residential neighborhood • Creates a playful image that engages the public's imagination • Fabricated in stainless steel, with cast bronze and 23-karat gold leaf 4I - 6 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild The art will be placed in a roundabout that will bring together and connect a residential, retail, and medi- cal space. The location is home to Park Village, a high-end retail and restaurant space. The location is also home to a medical complex that houses Southlake Family Medicine. The residential subdivision is “Winding Creek.” Winding Creek is a luxury neighborhood situated on 46 acres with trails, ponds and water features located throughout the development. Location for proposed artwork: Zena Rucker Rd. and Tower Blvd, an approximately 46-ft diameter round- about. Installation of artwork will coincide with the roundabout completion date, Fall 2019. Mockingbird Tree will measure 18ft x 12ft x 7ft. Exact location will be determined with the input of the city. 4I - 7 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 8 M ichael W arrick | T he N a T i o N a l S culp T o r S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com BUDGET: Ar twork $80,000 Engineering $500 Footing $2,500 Transport $2,500 Installation $1,500 Travel $2,000 Insurance $1,000 TOTAL $90,000 TIMELINE: not more than 9 months** upon receipt of deposit and executed contract DESIGN PHASE: up to 4 weeks engineering FABRICATION: 28-34 weeks. creation of sculpture by artist INSTALLATION: 1 day*** **so long as agreement is followed by both parties with no force majeue events. ***any necessary structural footings will need to be poured at least 3 weeks prior to installation. M ockingbird T ree - b udge T M ichael W arrick T he n a T ional S culp T or S ’ g uild 4I - 9 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M ocki N g B ird T ree M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 10 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com STAINLESS STEEL - The majority of the artwork will be fabricated from this iron-based alloy that has been mixed with nickel to make it stronger and resistant to corrosion. For this reason, it is used in many public applications, ranging from artistic to industrial. BRONZE - The sculpted birds will be cast from this prized alloy, favored by artists and conservators for its du- rability and ease of casting. Cast bronze has been in existence for over 2,000 years, utilized for a wide range of purposes including artwork, weaponry, mechanical and architectural elements. ENGINEERING : We use state licensed structural engineering firms, such as Martino and Luth whom we have had success with in the past to meet all required safety precautions ensurring a sound placement. M AINTENANCE : Minimal care and maintenance is required on the works proposed here. Bronze and stainless steel are highly durable metals. An annual cleaning and or washing with water is recommended to keep these pieces looking their best. Once selected, detailed instructions describing this process as well as a sculpture cleaning kit is provided. We can also recommend professionals the commissioner can contract regularly with. INSURANCE : Comprehensive Coverage will be verified and the commissioning agency will be listed as "additional insured" by a Certificate of Liability Insurance statement covering up to $2 million dollars during fabrication, transport, installation; plus up to 5 years post installation. INSTALLATION : Shall be as non-invasive to the site and surroundings as possible. Details are to be determined but likely concrete footings or pads will be set into place when unable to anchor into an existing pad. After the appropriate cure time, the artwork will be uprighted into place by a crane or forklift and secured into place as specified by engineering. Typically an epoxy and expansion bolt system. If necessary, in the future the sculptures may be moved to another site with the proper equipment. All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. M ocki N g B ird T ree - M echa N ical M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 11 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com PAST WORK EXAMPLES p u B lic p lace M e NTS 4I - 12 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com S traight L ine S on a r ound W or L d - L oui S iana P urcha S e B icentennia L M ichae L W arrick t he n ationa L S cu LP tor S ’ g ui L d Bronze/Stainless Steel/ Tempered Glass/Concrete ©2009-2017 21ft x 32ft x 32ft $190,000 Collaborative design team project commemorating the Bicentennial of the Louisiana Purchase, Little Rock, AR. Team members included Aaron P. Hussey of Baton Rouge, LA and Mesa Landscape Architects. 4I - 13 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com v i S io N ary M ichael W arrick T he N a T io N al S culp T or S ’ g uild Unique Bronze ©2008 6ft x 6ft x 9ft $80,000 International Sister City Sculpture Park, Changchun, China Sculpted as part of a Visiting Artist Series, permanently placed at the International Sister City Sculpture Park 4I - 14 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com v i S io N M ichael W arrick T he N a T io N al S culp T or S ’ g uild Bronze (study shown) ©2018-19 7ft x 3.5ft x 4ft $80,000 Enlargement in progress as part of a Fellowship program. One of a series of cultural icon portraits of architects of peace within our time who have had positive effect on society, Showing meditiation and spiritual centeredness through depicting positive and negative forms of a portrait (front/ back). When lit from above, the negative portrait shadow creates an optical illusion, appearing positive. 4I - 15 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com o M ichael W arrick T he N a T io N al S culp T or S ’ g uild Powder-coated Steel ©2015 7ft x 7f t x 18in $22,000 Stone Ward Advertising, Little Rock, AR A vibrant enlargement of a company logo. 4I - 16 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com T ra NS ce N de N ce M ichael W arrick T he N a T io N al S culp T or S ’ g uild Concrete/Stainless Steel/Lexan ©2001 16ft x 150ft x 150ft $97,000 Central High Commemorative Garden, National Park Service - Little Rock, AR An historical collage/photo essay of the history of Central High School including the 1957 integration of the "Little Rock 9" African-American students who are also represented by nine benches and nine trees in honor of those brave students. Collaboration with Aaron P. Hussey and Mesa Landscape Architects, this project was commissioned by the National Park Service & Central High Museum of Little Rock, AR to honor the “Spirit of Central High.” 4I - 17 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com S eed S of h ope M ichael W arrick T he N a T io N al S culp T or S ’ g uild Turkish Marble ©2011 4ft x 4ft x 2ft $19,000 Winthrop P. Rockefeller Cancer Institute, U of Arkansas Medical School – Little Rock, AR The piece serves as a vessel for receiving small, leaf-like tokens placed into the vessel by newly cancer-free patients as they leave the center. The increasing number of tokens provides tangible hope to the new patients beginning their treatments. 4I - 18 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com h eali N g B lo SS o M M ichael W arrick T he N a T io N al S culp T or S ’ g uild Colo. Yule Marble, CorTen Steel ©2016 6ft x 3ft x 2ft $10,000 Central Arkansas Radiation Therapy Institute, Little Rock, AR An addition to the Cancer Center's growing Healing Garden. 4I - 19 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com e M ergi N g M ichael W arrick T he N a T io N al S culp T or S ’ g uild Stainless Steel/Bronze ©2014 7ft x 2ft x 2ft $15,000 Vogel Schwartz Sculpture Garden, Little Rock, AR A figure composed of branches gradually appears, or grows. 4I - 20 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com y ou T h M ichael W arrick T he N a T io N al S culp T or S ’ g uild Bronze/Gold Leaf ©2017 8ft x 2ft x 2ft $30,000 Sister City Park, Hanam City, South Korea. Commemorates the 25th anniversary of the Sister City partnership that began in 1992 with Little Rock, AR. 4I - 21 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com T ra NS for M a T io N M ichael W arrick T he N a T io N al S culp T or S ’ g uild Bronze/Marble ©2011 39" x 25" x 17” $23,000 University of Arkansas Medical Science Translational Research Center – Little Rock, AR 4I - 22 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com d rea M i N g of h o M e M ichael W arrick T he N a T io N al S culp T or S ’ g uild Bronze (study shown) ©2010 18" x 18" x 26" $8,000 seeking sponsorship for enlargement, scale and budget to be determined based on site needs. 4I - 23 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com M edi T a T io N M ichael W arrick T he N a T io N al S culp T or S ’ g uild Bronze (ceramic studies shown) ©2014-18 15" x 9" x 4"(ea) $10,000 seeking sponsorship for enlargement, scale and budget to be determined based on site needs. 4I - 24 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com EDUCATION: 1983 Master of Fine Arts, Double Major Sculpture and Ceramics Southern Illinois University, Edwardsville, IL 1977 Bachelor of Science, Ceramics Major Illinois State University, Normal, IL TEACHING EXPERIENCE (selected) 1990-18 Professor w/ Tenure, University of Arkansas, Little Rock, AR 1987-90 Assistant Professor, South Dakota State University, Brookings, SD 1984 Visiting Instructor, University of Maine, Augusta, ME 1983 Adjunct Instructor, Tarkio College, Tarkio, MO FELLOWSHIPS, GRANTS AND AWARDS (selected) 2016 Excellence in Research/Creative Activity, UALR, CALS, Little Rock AR 2009 Award for Outstanding Artistic Achievement, Southeastern College Art Conference, Chapel Hill, NC Summer Research Fellowship, University of Arkansas, Little Rock, AR 1999 Artist-In-Residence Fellowship, NEA, New York, NY/Ragdale Foundation, Lake Forest, IL 1996 Visual Arts Fellowship, Arkansas Arts Council, Little Rock, AR 1995 Visual Arts Grant, Southeastern College Art Conference, Chapel Hill, NC 1992 Artist Grant, Sushi Inc., San Diego, CA/Flintridge Foundation, Pasadena, CA 1989 Artist Grant, Connemara Conservancy Foundation, Dallas, TX 1988 Project Grant, South Dakota Arts Council/Civic Fine Arts Center, Sioux Falls, SD 1987-88 Artist Grant, Pollack-Krasner Foundation, New York, NY Artist Grant, Art Matters, Inc., New York, NY 1987 Project Grant, Nebraska Arts Council/Doane College, Lincoln, NE 1985 Project Grant, New Harmony Gallery of Art/NEA/IAC, New Harmony, IN Project Grant, West End Neighborhood Arts Council, St. Louis, MO MAJOR PUBLIC COMMISSIONS 6/16-6/17 Little Rock Sister City Commission/UA Little Rock, Youth, $30,000 Hanam, South Korea 5/16-5/17 UA Little Rock Foundation, The Tree of Equality, Justice, and Peace, $24,700 Little Rock, AR 5/15-2/17 Louisiana Purchase Survey Bicentennial, collaboratiion with Aaron P. Hussey, Louisiana Purchase Survey Foundation, Little Rock Convention Center $190,000 Little Rock, AR 6/15-6/17 The Lanterns, City Conservancy/Keep Little Rock Beautiful, Kavanaugh/Pine Valley Roundabout, a collaborative w/ MESA Landscape Architects, $75,000 Little Rock, AR 5/16-12/16 Tree of Equality, Justice, and Peace, UALR Foundation, $24,700 Little Rock, AR 10/15-10/16 Village of Hope, Ronald McDonald House, $19,000 Little Rock, AR 1/16-6/16 Healing Blossom, CARTI Cancer Center, $10,000 Little Rock, AR 6/15-4/16 Mockingbird Tree, Chenal Parkway, $60,000 Little Rock, AR 4/15-9/15 SOMA/studioMAIN, Daisy Bates and South Main, $8,300 Little Rock, AR 2/15-5/15 Episcopal Collegiate School, $5,000. Little Rock, AR 7/14-8/15 Stone Ward, “O” logo sculpture, $22,000 Little Rock, AR 7/11-5/14 Central Arkansas Library System, 100 Year Celebration Sculpture, $45,000 Little Rock, AR 9/10-3/11 Transformation, UAMS Winthrop P. Rockefeller Cancer Institute, $23,000 Little Rock, AR 1/10-7/10 Seeds of Hope, UAMS Winthrop P. Rockefeller Cancer Institute, $19,000 Little Rock, AR 10/09 Bernice Garden, $8,200 Little Rock, AR 3/09-5/09 Central Arkansas Library System, Vernon Johnson Memorial, $5,000 Little Rock, AR 1/06-5/06 Donald W. Reynolds YMCA, Mobile $10,000 Warren, AR 3/06-4/06 The Grape Vine, Wall Relief $3,500 New Orleans, LA 10/04-1/05 Arkansas Arts Council, Governors Award, edition of 9 vessels, $900 Little Rock, AR 11/01-9/02 UALR 75th Year Celebration Plaza and Arch/Carillon Proposal, University of Arkansas. Dr. Martin Luther King Jr. Drive Gateway. "Celebration Plaza,”$20,000 Little Rock, AR r e S u M e M ichael W arrick T he N a T io N al S culp T or S ’ g uild 4I - 25 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com 10/01-5/02 Drive Neighborhoods, Inc, streetscape master plan intersections, benches, lighting, bus stops, electronic kiosks, sculpture, fountains, $7,000 Little Rock, AR 2/01-9/01 Central High Commemorative Garden, National Park Service., $98,000 Little Rock, AR 6/01 Ozark Woodland Sculpture Park, Huntsville, AR & Univ.of the Ozarks, $8,000 Clarksville, TN 5/97-10/97 Maumelle Public Library, $5,000 Maumelle, AR 6/94, 12/94 Hicks Law Firm, table series, $5,000 Little Rock, AR 5/94 Ron Clark, painted wood low relief, $4,500 Little Rock, AR 9/89-5/90 Brookings Area Arts Council, Larson Park, $15,000 Brookings, SD 3/89-6/89 Connemara Conservancy Foundation, $2,000 Plano, TX 8/89-1/89 South Dakota State University College of Engineering, $1,000 Brookings, SD 6/87-8/87 Decatur Park District, Fairview Park, stone, plant life - environmental, $5,000 Decatur, IL 7/86, 8/95 Artpark, $2,500 Lewiston, NY 3/85-4/85 Vivace/Maryland Plaza Outdoor Sculpture, $2,400 St. Louis, MO 8/89 Spitznagel Architects, $1,500 Sioux Falls, SD 2/89 Burning Feet Dance Company, mixed media set design, $5,000 St. Louis, MO 1987 Doane College, ceramic wall relief, $5,000 Crete, NE 1986 Craf t Alliance Center, ceramic wall relief, $17,000 St. Louis, MO DESIGN TEAM PROJECTS (selected) 3/13-7/13 Envision Little Rock with Mesa Landscape Architects. Developed a monumental scale park concept with goal of promoting a park project at the terminus of eastern Capitol Avenue Little Rock, AR 10/01-5/02 Dr. Martin Luther King Jr. Drive Gateway and Streetscape Proposal w/ Landscape Architect John Beneke, Coalition of Dr. Martin Luther King, Jr. Drive Neighborhoods, Inc. Little Rock, AR 2/01-9/01 Central High Commemorative Garden, Aaron P. Hussey and Mesa Landscape Architects of Little Rock. Project was commissioned by the National Park Service Central High Museum, Inc. Little Rock, AR INTERNATIONAL COLLECTIONS Sister City Sculpture Garden, Hanam, 7’x 2’ x 2’, bronze, cor-ten steel “Youth” Hanam, South Korea International Sister City Sculpture Park, 6.5' x 6.5' x 9.5' bronze bust of "Visionary" Changchun, China International Sculpture Park, 9.5' x 4' x 15' granite composition "Conversation" Changchun, China International Sculpture Museum, bronze bust model (18" x 18" x 2') of "Visionary" Changchun, China MAJOR COLLECTIONS National Park Service, Central High Museum, Little Rock, AR Craft Alliance Center, St. Louis, MO UAMS W. P. Rockefeller Cancer Institute, Little Rock, AR South Dakota Art Museum, Brookings, SD Donald W. Reynolds YMCA, Warren, AR Maumelle Public Library, Maumelle, AR University of South Dakota, Vermillion, SD Gary Arts League, Gary, IN Brookings Park District, Brookings, SD Civic Fine Arts Center, Sioux Falls, SD Churchill Junior High, Galesburg, IL Milliken University, Decatur, IL South Dakota State University, Brookings, SD Tarkio College, Tarkio, MO Eastern Illinois University, Charleston, IL Decatur Park District, Decatur, IL Southern Illinois University, Edwardsville, IL University of Maine, Augusta, ME University of Arkansas, Little Rock, AR Arts and Sciences Center, Pine Bluff, AR Minneapolis Institute of Art, Minneapolis, MN Arkansas Arts Center, Little Rock, AR North Central Heart, Ltd., Sioux Falls, SD Spitznagel Architects, Sioux Falls, SD Laubhuel Private Collection, Memphis, TN Mid-American Dance Company, St. Louis, MO Little Rock Convention Center, Little Rock, AR Doane College, Crete, NE Historic Arkansas Museum, Little Rock, AR Deaf Cultural Center, Olathe, KS Central Arkansas Library System, Little Rock, AR Bernice Garden, Little Rock, AR Vogel-Schwartz Sculpture Garden, Little Rock, AR Turchin Center for the Visual Arts, Boone, NC Winthrop Rockefeller Institute, Morrilton, AR John and Jodie Hickman, Little Rock, AR Episcopal Collegiate School, Little Rock, AR studioMAIN, Little Rock, AR City of Little Rock, Chenal Parkway, Little Rock, AR Dr. Paolo Rabero, Little Rock, AR CARTI Cancer Center, Little Rock, AR Ronald McDonald House, Little Rock, AR 4I - 26 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com SOLO EXHIBITIONS Vanderbilt University, Sarratt Gallery, Nashville, TN Arkansas Art Center, Little Rock, AR Walton Art Center, McCoy Gallery, Fayetteville, AR Valdosta State University, Valdosta, GA University of Central Arkansas, Conway, AR University of Arkansas, Little Rock, AR University of Southern Miss. Museum of Art, Hattiesburg, MS Peoria Art Guild, Peoria, IL University of Colorado, Emmanuel Gallery, Denver, CO Artswatch, Louisville, KY Donaghey Project for Urban Studies, Little Rock, AR Joliet Junior College, Joliet, IL Delta Axis Contemporary Arts Center, Memphis, TN Northern State University, Aberdeen, SD Cincinnati Artists Group Effort, Cincinnati, OH Buena Vista College, Storm Lake, IA St. Louis Community College at Meramec, St. Louis, MO Artemisia, East Gallery, Chicago, IL Southern Illinois University, Edwardsville, IL Phoenix Studios, Peoria, IL University of Mississippi, University, MS Lakeside Studio, Lakeside, MI South Dakota State University, Brookings, SD Territorial Restoration, Little Rock, AR Civic Fine Arts Center, Sioux Falls, SD Sioux City Arts Center, Sioux City, IA Blackburn College, Carlinville, IL Illinois Central College, East Peoria, IL Kansas City Artists Coalition, Kansas City, MO Locus Gallery, St. Louis, MO Milliken University, Decatur, IL Doane College, Crete, NE Southern Arkansas University, Magnolia, AR University of Saint Francis, Fort Wayne, IN A.R.C. Rawspace, Chicago, IL New Harmony Gallery, New Harmony, IN Arts and Sciences Center, Pine Bluff, AR Henderson State University, Arkadelphia, AR Bry Art Gallery, University of Louisiana, Monroe, LA Contemporary Art Center, New Orleans, LA Sushi Performance and Visual Arts Gallery, San Diego, CA Arkansas Tech University, Russellville, AR OUTDOOR SCULPTURE EXHIBITIONS/ART ON LOAN 8/14-8/16 Sculpture Garden, University of Louisiana at Monroe, steel, bronze Monroe, LA 5/09-4/10 Sculpture Garden, University of Louisiana at Monroe, steel, bronze Monroe, LA 5/08-4/09 Sculpture Walk, bronze, cor-ten steel Kingsport, TN 5/08-4/09 2008 City of Olathe Downtown Sculpture Exhibit, steel, bronze Olathe, KS 4/07-4/08 Places Spaces Chairs: An Art Project of Southside Main, cor-ten steel, steel, bronze Little Rock, AR 5/07-4/08 20th Annual Downtown Outdoor Sculpture Exhibit, steel, bronze Lawrence, KS 3/06-3/07 Sculpture Garden, University of Louisiana at Monroe, steel, bronze Monroe, LA 9/04-8/06 Art Quest 2, Mayor's Commission on the Arts, Martin Luther King Park, wood, steel Fort Smith, AR 3/05-2/06 Sculpture Garden at the Shaw Center, Louisiana State University, steel, bronze Baton Rouge, LA 4/04-3/05 Louisiana State University Sculpture Park, steel, bronze Baton Rouge, LA 7/02-6/04 Outdoor Sculpture Exhibition, University of West Alabama, wood, steel Livingston, AL 9/01-3/02 Sculpture Space, University of Arkansas, steel, bronze Fayetteville, AR 9/01-5/02 Invitational Outdoor Sculpture, University of South Carolina, wood, steel Columbia, SC 10/99-10/01 Oakton Sculpture Park, Oakton Community College, steel, bronze Des Plaines, IL 3/00-3/01 Louisiana State University Sculpture Park, wood, steel Baton Rouge, LA 9/99-9/00 4th Annual Outdoor Sculpture, Washburn University, wood, steel Topeka, KS 5/99-10/99 Pier Walk ‘99, Navy Pier, steel, bronze Chicago, IL 6/99-3/00 Arkansas Art Exhibition, Statehouse Convention Center/Robinson Center, wood, steel Little Rock, AR 98-99 Hot Springs Civic/Convention Center, wood, steel Hot Springs National Park, AR 5/98-10/98 Pier Walk ‘98, Navy Pier, wood, steel Chicago, IL ‘97 Arkansas Celebration of the Arts, Bathhouse Row, steel, bronze Hot Springs National Park, AR 5/97-10/97 Pier Walk ‘97, Navy Pier, wood, steel Chicago, IL ‘95-'96 9th Rosen Outdoor Sculpture, Appalachian State University, steel, bronze Boone, NC ‘93-'95 Outdoor Sculpture Tour, Walters State Community College, steel, bronze Morristown, TN ‘92-‘93 Outdoor Sculpture Tour, University of Tennessee, steel, wood, stone Knoxville, TN ‘86 Visual Arts Network/Watertower Art Association, wood Louisville, KY 4I - 27 M ichael W arrick | T he N a T io N al S culp T or S ’ G uild 2683 North Taft Avenue | Loveland, Colorado 80538 | (970) 667-2015 Michael@NationalSculptorsGuild.com | NationalSculptorsGuild.com p rofe SS io N al r efere N ce S M ichael W arrick T he N a T io N al S culp T or S ’ g uild Robert Coon, Sculpture Committee Chair Little Rock Sister City Commission c/o Impact Management Group 124 West Capitol Avenue, Suite 1886 Little Rock, AR 72201 501-9 40-6199 coon @impactmanagement.com “Youth,” $30K for the Sister City Sculpture Garden in Hanam, South Korea, December of 2017 Chris O’Neal, Sculpture Committee Chair c/o UA at Little Rock Foundation Vice Chancellor 2801 South University Little Rock, AR 72204 501-5 69-3142 cxoneal@ualr.edu “Tree of Equality, Justice, and Peace,” $24.7K project in honor of the Joel Anderson Institute on Race and Ethnicity at UA at Little Rock, May of 2017 John P. Gill, Committee Chair Louisiana Purchase Survey Memorial Sculpture: “Straight Lines on a Round World,” c/o Gill Ragon Owen, P.A. 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 501-376-3800 gill@ gill-law.com “Straight Lines on a Round World,” 190K project for the Louisiana Purchase Survey Memorial Sculpture, February of 2017 Dr. Dean Kumpuris, City Director and Founder of the Sculpture at the River Market 417 North University Avenue Little Rock, AR 72205 501-6 07-2253 kumpuris@windstrem.net Jane Rogers, Chairperson Sculpture at the River Market 5409 Hawthorne Little Rock, AR 72207 501-6 64-5261 janerogers5409@gmail.com “Mockingbird Tree”, 60K project for Sculpture at the River Market, April of 2016 4I - 28 Michael Warrick Artist Contract Page 1 of 23 THIS CONTRACT FOR COMMISSION BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND J.K. DESIGNS INC, A COLORADO CORPORATION, DOING BUSINESS AS THE NATIONAL SCULPTORS’ GUILD AND ARTIST MICHAEL WARRICK (HEREINAFTER COLLECTIVELY CALLED ARTIST) FOR THE CREATION OF A SCULPTURE FOR THE CITY OF SOUTHLAKE is made as of the ____ day of January in the Year 2019 BETWEEN the City: The City of Southlake, Texas 1400 Main Street, Ste 440 Southlake, Texas 76092 Telephone 817-748-8384 Facsimile 817-748-8250 and the Artist: Michael Warrick The National Sculptors’ Guild 2683 North Taft Avenue Loveland, CO 80538 for the following Artwork: Creation of a stainless steel tree (18ft x 12ft x 7ft) with three (3) cast bronze and 23-karat gold leaf mockingbirds, to be mounted on a concrete footing and installed in the Zena Rucker Rd. and Tower Blvd. roundabout for an amount not to exceed $90,000. 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 J.K. Designs, Inc. a Colorado Corporation, doing business as the National Sculptors’ Guild and Artist Michael Warrick, 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 a stainless steel tree (18ft x 12ft x 7ft) with three (3) cast bronze and 23-karat gold leaf mockingbirds, to be mounted on a concrete footing and installed in the Zena Rucker Rd. and Tower Blvd. roundabout for an amount not to exceed $90,000. WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. 4I - 29 Michael Warrick Artist Contract Page 2 of 23 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: 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 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 and installed by the Artist. Installation will be scheduled according to the timeline set forth in Exhibit “B.” Any changes to the installation date must occur with at least a forty-five (45) day notice and be agreed upon in writing by both the City and the Artist. The City will be responsible for the installation at its location, including barricades and traffic control. Michael Warrick will act as a consultant for said installation but shall not receive an additional fee for Artist's time or travel. Design and installation of the Artwork shall comply with 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, Artist shall not be charged a fee for issuance of a City building permit or any City license. 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. 4I - 30 Michael Warrick Artist Contract Page 3 of 23 1.6 Artwork Installation Site – The Artwork shall be permanently affixed to the installation site, located in the City of Southlake easement located at the Southlake Commons development unless the City exercises its option to relocate as set forth in Section 8.2. The Artist shall design the sculpture and 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 “Article 1, Artist's Services”, compensation for this Artwork shall be ninety thousand dollars and no cents ($90,000) (“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 nine thousand dollars and no cents ($9,000) 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. 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, 4I - 31 Michael Warrick Artist Contract Page 4 of 23 Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items 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 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 development and fabrication 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 the Artist will include the words: SCULPTURED BY MICHAEL WARRICK, NATIONAL SCULPTORS’ GUILD 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: 4I - 32 Michael Warrick Artist Contract Page 5 of 23 Copyright Michael Warrick or © Michael Warrick 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 and contractor is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be 4I - 33 Michael Warrick Artist Contract Page 6 of 23 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 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 is the responsibility of the Artist. 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 written narrative 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 8.1 Routine Maintenance – The Artist shall provide to City written instructions for appropriate routine maintenance and preservation of the Artwork, including moving and installation 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 4I - 34 Michael Warrick Artist Contract Page 7 of 23 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: i. 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; 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; 4I - 35 Michael Warrick Artist Contract Page 8 of 23 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: i. 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, 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 4I - 36 Michael Warrick Artist Contract Page 9 of 23 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. 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 4I - 37 Michael Warrick Artist Contract Page 10 of 23 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: Cassie Tucker City of Southlake 1400 Main Street, Ste 440 Southlake, Texas 76092 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Michael Warrick The National Sculptors’ Guild 4I - 38 Michael Warrick Artist Contract Page 11 of 23 2683 North Taft Avenue Loveland, CO 80538 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. 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. 4I - 39 Michael Warrick Artist Contract Page 12 of 23 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. 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. 4I - 40 Michael Warrick Artist Contract Page 13 of 23 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 ARTIST The City of Southlake, Texas National Sculptors’ Guild By: ________________________ By: ________________________ Shana Yelverton Michael Warrick City Manager Artist By: ________________________ John Kinkade Executive Director 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. 4I - 41 Michael Warrick Artist Contract Page 14 of 23 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF ________,______, 2019. ______________________________________________ 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 ARKANSAS, ON THIS DAY PERSONALLY APPEARED MICHAEL WARRICK 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 _____________., 2019. ________________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF ARKANSAS 4I - 42 Michael Warrick Artist Contract Page 15 of 23 EXHIBIT “A” SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND MICHAEL WARRICK OF THE NATIONAL SCULPTORS’ GUILD (ARTIST) FOR THE CREATION OF A STAINLESS STEEL TREE (18FT X 12FT X 7FT) WITH THREE (3) CAST BRONZE AND 23-KARAT GOLD LEAF MOCKINGBIRDS, TO BE MOUNTED ON A CONCRETE FOOTING AND INSTALLED IN THE ZENA RUCKER RD. AND TOWER BLVD. ROUNDABOUT FOR AN AMOUNT NOT TO EXCEED $90,000. Sculpture The services are to be provided by Michael Warrick, sculptor, in the creation of a sculpture per the design approved by the Southlake City Council (January 15th, 2019), Michael Warrick will furnish all design, labor and material in the fabrication of the sculptures as described in the following areas and amounts: I. Design, fabricate, ship and install the sculpture and base: A. Provide the material for the sculpture and base in its entirety. B. Michael Warrick will sculpt the above described sculpture in accordance with the approved moquette. C. Provide appropriate packing and ship the sculpture to the site. D. Consult with the city on installation of the sculpture. E. Provide engineer-stamped drawings of the sculptures and base. The Artist shall create and oversee the installation of the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, and Contractor to ensure that the site is prepared to receive the Artwork. All Artwork installation and site preparation shall be performed during normal business hours. Installation These services are to be provided by the City of Southlake in the installation of the sculpture: A. City of Southlake is responsible to provide any and all landscape lighting. B. The City will be responsible for the installation at its location barricades and traffic control. 4I - 43 Michael Warrick Artist Contract Page 16 of 23 Upon completion of the permanent installation of the Artwork, the City project manager will inspect the work and give notice of acceptance, as provided in this Agreement. Clarifications  Delays due to others and beyond the implementation date shall constitute additional schedule extensions and appropriate general condition costs.  All artwork installation shall be performed during normal working hours. Exclusions:  Any and all dust, waste, and sanitary requirements.  Any and all landscaping and/or landscaping repairs.  Any and all licenses, fees and permits.  Any and all bonds.  Any and all testing and inspection costs.  Any and all damage to under ground services not marked. 4I - 44 Michael Warrick Artist Contract Page 17 of 23 EXHIBIT “B” COMPLETION SCHEDULE/ARTWORK BILLING AND BUDGET AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND THE NATIONAL SCULPTORS’ GUILD AND MICHAEL WARRICK (ARTIST) CREATION OF SCULPTURES FOR THE CITY OF SOUTHLAKE Task Timeline City Artist Conceptual design. Month 1 (January 2019) Contract signed Check #1 in the amount of $45,000 due (50%) paid upon approval of concept design and moquette. Provides moquette. Approve moquette and begin production Months 2 -7 (February 2019 – August 2019) Approves final moquette. Check #2 in amount of $36,000 (40%) paid upon approval of final moquette. Completes moquette, incorporating any feedback from City Council. City reviews moquette for approval Begins production work, if approved by City Supervises production process Final acceptance by project manager; submit maintenance worksheets; dedication. Month 8-9 (September/ October 2019) (date dependent upon completion of the roundabout) Approve work Check #3 in amount of $9,000 (10%) due upon completion of installation. Sculpture delivered to City and installed at Site by City under Artist’s supervision. 4I - 45 Michael Warrick Artist Contract Page 18 of 23 EXHIBIT “C” MAP OF INSTALLATION SITE 4I - 46 Michael Warrick Artist Contract Page 19 of 23 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 ___________________________, 2019. ________________________________ 4I - 47 Michael Warrick Artist Contract Page 20 of 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 _______________________, 2019. ________________________________ Notary Public in and for The State of ___________ My commission expires: ____________ 4I - 48 Michael Warrick Artist Contract Page 21 of 23 EXHIBIT “E” 4I - 49 Michael Warrick Artist Contract Page 22 of 23 4I - 50 Michael Warrick Artist Contract Page 23 of 23 4I - 51