William E. Arnold/Eng/17,000/Deer Wire SculpturesWilliam E. Arnold
Engineering Department - 2017
Appropriation # 2016 COIT Bond; P.O. #: 100505 QROV�
Contract Not To Exceed $17,000.00?
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES �A�'
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES -("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
William E. Arnold ("Artist").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Artist acknowledges that he has read and understands this Agreement, and agrees that his execution of
same constitutes his acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Artist using City budget
appropriation number 2016 COIT Bond funds. Artist agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at -all times the highest technical and
industry standards.
PRICE AND PAYMENT TERMS:
3.1 Artist estimates that the total price for the Goods and Services to be provided to City hereunder shall
be no more than Seventeen Thousand Dollars ($17,000.00) (the "Estimate"). Artist shall submit an
invoice to City after the delivery and installation of the Goods and Services. City shall pay Artist for
such Goods and Services within thirty-five (35) days after the date of City's receipt of Artist's invoice
detailing same, so long as and to the extent such Goods and Services are not disputed, are in
conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains
the information contained on attached Exhibit B, and Artist has otherwise performed and satisfied all
the terms and conditions of this Agreement. Notwithstanding the above, the Artist may bill and be
reimbursed by City in advance of delivery for materials required for the project, provided the Artist
furnishes an itemized invoice detailing such materials. Any advance payment to the Artist for
materials shall be deducted from Artist's final invoice.
3.2 Artist agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Artist to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
WARRANTY:
Artist expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Artist by City
and/or by Artist to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Artist acknowledges that he knows of City's intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Artist based upon City's stated
use and are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
[X:\joberlander\ContmclslWilliam Arnold Art Goods and Services Final.doc:6/14/2017 9:33 AM]
William E. Arnold
Engineering Department - 2017
Appropriation # 2016 COIT Bond; P.O. #: 100505
Contract Not To Exceed $17,000.00
DISCLOSURE AND WARNINGS:
If requested by City, Artist shall promptly furnish to City, in such form and detail as City may direct, a list of all
chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Artist agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Artist shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Artist fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Artist's sole cost and expense.
DEFAULT:
In the event Artist: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Artist's warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is.
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Artist; and (2) exercise all other rights and
remedies available to City at law and/or in equity.
INDEMNIFICATION:
Artist shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or
expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any
person or property arising from or in connection with Artist's provision of Goods and Services pursuant to or
under this Agreement or Artist's use of City property.
Artist further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Artist and/or of any of Artist's agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Artist agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Artist's performance of his obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Artist agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Artist represents and warrants that he and all of his officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
[X:ljoberlander%Contmcls\William Amold M Goods and Senims Final.doc:6114/2017 9:34 AMS
William E. Arnold
Engineering Department - 2017
Appropriation # 2016 COIT Bond; P.O. #: 100505
Contract Not To Exceed $17,000.00
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON -ASSIGNMENT:
Artist shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate his obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Artist nor any of
his officers, employees, contractors, subcontractors and agents are employees of City. The contract price set
forth herein shall be the full and maximum compensation and monies required of City to be paid to Artist
under or pursuant to this Agreement
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
Carmel, Indiana 46032
If to Artist: William E. Arnold
121 West Mechanics Street
Shelbyville, IN 46176
(505) 947-3626
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
[X:\jobarlandcACcntmcts\William Amold Art Goods and Scrvims Fiml.doc:611112017 9:31 AMI
William E. Arnold
Engineering Department - 2017
Appropriation # 2016 COIT Bond; P.O. #: 100505
Contract Not To Exceed $17,000.00
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Artist, immediately terminate this Agreement for cause, in the event of a default hereunder by Artist
and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to
be provided hereunder. In the event of such termination, Artist shall be entitled to receive only
payment for the undisputed invoice amount representing conforming Goods and Services delivered
as of the date of termination, except that such payment amount shall not exceed the Estimate
amount in effect at the time of termination, unless the parties have previously agreed in writing to a
greater amount.
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Artist. In the
event of such termination, Artist shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
18.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Artist understands and agrees that City may, from time to time, request Artist to provide additional goods and
services to City. When City desires additional goods and services from Artist, the City shall notify Artist of
such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Artist's time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Artist, in writing, to provide
such additional goods and services, shall such goods and services be provided by Artist to City. A copy of
the City's authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date until December 31, 2017. The term of
the Agreement may be extended if agreed to by the parties hereto in writing.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Artist.
[XAjoberlander%ContmcLs\William Arnold M Goods and Scnims Final.dw:611112017 9:34 AM)
4
William E. Arnold
Engineering Department - 2017
Appropriation # 2016 COIT Bond; P.O. #: 100505
Contract Not To Exceed $17,000.00
25. IRAN CERTIFICATION:
Pursuant to I.C. § 5-22-16.5, the Artist shall certify that, in signing this document, he does not engage in
investment activities within the Country of Iran.
26. COPYRIGHT:
The Artist of the works produced under this Agreement (collectively, the "Works"), as described in more detail
by Exhibit A, shall retain all copyright ownership in the Works. The City agrees to never contest the
copyrights of the Artist in the Works. It is understood that any photographic or other image, including any
derivative, of the Works may not be used for commercial purposes. If the City desires to use a two-
dimensional image of the Works for a commercial or non-commercial purpose, the City must submit a written
request to the Artist for approval prior to any such use. Non-commercial two-dimensional images of the
Works for media and promotional purposes will generally be permitted.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Artist and City with respect to the subject matter hereof, and supersedes all prior oral or
written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 15 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
[remainder of page intentionally left blank]
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Mission Statement 2016
When asked why I became an artist, I am quick to reply, "I was given a wonderful gift by
God and I. merely want to share it with all whom care to look". I am passionate about my
sculpting and because 1 found my gift early in life I shared it with anyone around me that
wanted to watch. They enjoyed watching me work and watch my life become a fulfilled
destiny. I am able to sculpt wildlife so that the observer questions whether or not that
what they are seeing is in fact the real thing and secondly if it is a sculpture and what it
made of. I am pleased that the observer takes the time to contemplate about the wildlife
and secondly that is a well done replica. I can not imagine my life without my artistic
freedom as well as the "voice" to teach about Mother Nature. I am now working on my
autobiography that will be a large book and creating a DVD that will be sent for free to
all schools in the state to introduce Wm. Arnold, The Wildlife Sculptor that is a success
story and a tell all of the ups and downs that all artists deal with everyday. I plan to
lecture to schools in the Autumn -Days of my career. Giving back to the community my
gift of art and putting it into the hearts and minds and into the hands of future artists and
naturalists that do not know where they are beaded in life. My life has been enriched by
my art, it is my passion for studying nature that I hope to convey, to open the minds, eyes
and hands to the idea that everyone has a gift and to pursue it at any cost. I am proud to
say that my life has been a great adventure that many would not have the courage to
carry out. So I enjoy asking people young and old alike "What is your passion in life" and
how if the could do it, how it would impact the world in a positive way? I love to hear
their answers to this question. I am a self made man, AKA "The Wireman" to be exact. I
would not change a thing in my life as it all sculpted me into the honest man I am today.
Place making
My plans are simple, to share with the residents and visitors to Carmel In., this sculptors
love of wildlife and sculpture. My sculptures will add to the beauty of the city by being
immediately recognizable to young and old alike. By incorporating my.works into the
landscape of the roundabouts project, I intend to give the viewer a brief respite from their
drive. A brief but unforgettable vision of nature and to create a lasting landmark that
needs no sign saying, "We are almost home" My works will last as long as the memories
that they create in the minds of the public they will serve. It will be an honor to be
included in the rich culture of the Carmel arts district as well as enriching the small
spaces they will live. My visions as an "Hoosier Artist"and my pride will shine as I
enlighten and open the hearts and minds with all who see and enjoy my works of art. My
wildlife will need no fences or management to grace the already beautiful Carmel
community. I look forward to working with the city planners and Mayor Brainard to help
bring his vision to reality and share my wildlife sculptures in their new home of beautiful
Carmel, Indiana.
Location for Sculptures
I believe the Roundabouts will serve as a prefect micro environment for my wild
life sculptures as a frame is for a fine painting. I see each space as a new and
unique opportunity to share my visions as an artist. With the landscape tailor
made for each piece or pieces it will tell a story or the type of environment that
each species would naturally be found in such as short grass and wildflower
prairie under and surrounding the whitetail buck and doe with a small fawn. Each
creating a setting of their natural home in the wild. All of the main interest is on
the sculptures but equally important is the framing of the story telling of natural
habitat with close detail of the relationship of flora and fauna.
Whitetail Deer Family
As with the above proposed sculpture, the Whitetail Deer family will again convey
the success story of wildlife that has been in decline in the past but now with our
conservation efforts have been brought back from near extinction. We now see
Whitetail Deer everywhere and we now have to help control their great numbers to
prevent overgrazing of the native woodlands flora. The woodland wildflowers are
experiencing a decline and we need to give them a fighting chance to prosper. With
this trio of deer, a buck, doe and spotted fawn, I wish to show their actual size and
sheer beauty. I will create a micro landscape of flowering trees, shrubs, and
wildflowers that in themselves are indeed rare and native to Indiana. By doing so
we can add to the overall interest in the study of wildlife as well as botany and Eco
diversity. So with my sculptures, we can use this opportunity to discuss with our
children the fine balance in nature that is what the Native Americans call the,
"Web of life".
Technical and Installation
Each of the proposed sculptures will require individual attention with the
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details of technical and installation. The sculptures all will require a cement base
or footing to stand up securely. The sculptures will all have steel frameworks or
"bones" as I call them extending into the base of cement or rock pedestals. I want
to be a part in choosing the flora for each micro environment suited to the wildlife
sculptures represented in each installation, since my name will be on all of the
installations I want them right for all seasons and with a great deal of knowledge of
landscaping I posses. As for the paint or coatings of the sculptures, I prefer using
rustoleum on the new galvanized fence wire so they have a extra form of
protection against the elements and then the color paint to bring out the beautiful
realism they will deserve. With this treatment they will hold up for generations
with maybe some touch ups during there life long stay in there new and permanent
homes. I can be hired to do this if necessary. Some will never need anything. As for
lighting we can discuss whether or not spots of other lighting is an option. We want
them to be lighted even during the dark days of winter and overcast nights. Street
lighting may make this unnecessary. There is no problem with engineering the
lighting as long as there is electricity within the roundabouts circles where the
sculptures are to be mounted. I will need help with your contractors , engineers
and electricians if possible. If we choose to have a water feature for the herons and
Cranes then we will need to discuss the options to create a waterfall or water
garden in the circle of the roundabout for them. This will add a nice visual and
ascetic value to the overall vision. I believe with all the other sculptures, simple
native landscaping will be just perfect. Not only will the sculptures look at home in
their native grasses and wildflowers but it will create a beautiful looking
roundabout that will grow with little up keep and with minimal maintenance
required. I hope that this helps but I am prepared to bend somewhat except by
making it look generic and sterile. I'm not for conforming to strict guidelines when
it come to displaying my sculptures. I hope you understand my stance on these
guidelines because my name will be on the total vision of recreating a natural
setting too.
Timeline
Let me begin by saying I am proud to have never been late on a promised delivery
of a cooperate art project or have disappointed in the desired results. I am proud
of this and do not plan to change my standing in anyway possible that I get the
project finished in a timely manner. I personally look forward to seeing the job
completed at whatever the cost because with me, an artist, I already see the
completed sculpture in my head and look forward to the reaction it creates with
the collector and of course the public. I only receive positive results with my work
and I believe it is because I share with everyone a piece of myself and passion for
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the subjects I create. So back to the "Timeline" I can say the larger the area to
cover the more effort I have to put into the piece or pieces to respect the actual
price of the square footage it commands in the grounds or inside the home. I
learned. this early in my career that square footage equates to money and what it's
an honor to have, say five square feet in a prestigious gallery on Canyon Road in
Santa Fe or my sculptures on a lawn in a three million dollar home. So what I'm
saying that I know what a honor it is to be able to use the roundabout spaces to
display my sculptures and share my gift with the City of Carmel.
Pricing
Two life size Whitetail Deer, Buck, Doe and one fawn sculpted too your
specification, choose a pose or let the artist decide what would look best.
L Artist fee. $7,500. each x 2 $15,000, one fawn $2,000 total $17,000.
2. Material — supplies $
3. Fabrication. costs $
4. Travel to.and from site $
5. transporting sculptures — cranes $
6. Installation expenses $
7. Site preparation $
8. Lighting — presentation costs $
9. Administration expenses $
10.Professional consultation $
11.Permits — taxes $
12,Insurance $
13.Contingency $
14.Other unseen costs $
15.Total price $
Legal contract
I, William E. Arnold, will be saved harmless for any and all misuse of the wire
sculptures including, vandalizing, climbing and touching, or accidents involving
motor vehicles and/or pedestrians as a result of distracted driving and
inattentiveness while navigating the roundabouts.
May 16, 2017
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EXHIBIT B
Invoice
Name of Company.
Address & Zip.
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
City®� Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
100505
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, AIP
CARMEL, INDIANA 46032-2584
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR
CITY OF CARMEL - 1997
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
6/14/2017
353901
Project 16 -ENG -13; Contract Date 06.21.17
WILLIAM-ARNOLD
City Engineering's Office
VENDOR. DBA WIRESOUL GALLERY
SHIP 1 Civic Square
719 E ST CLAIR
TO Carmel, IN 46032 -
INDIANAPOLIS, IN 46202 -
Kate Lustig
PURCHASE ID
BLANKET
CONTRACT
PAYMENT TERMS
FREIGHT
16251
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2200 Fund:0
Account: 94-650.04
1 Each
Send Invoice To:
City Engineering's Office
Kate Lustig
1 Civic Square
Carmel, IN 46032-
COIT Bond Fund
Wire Deer Family
PLEASE INVOICE IN DUPLICATE
$17,000.00
Sub Total
$17,000.00
$17,000.00
DEPARTMENT Y ACCOUNT PROJECT. PROJECT ACCOUNT I AMOUNT
PAYMENT $17,000.00
SHIPPING INSTRUCTIONS ' AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN-
'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Jeremy Kashman Douglas Haney
TITLE Director Corporation Counsel
CONTROL NO. 100505 CLERK -TREASURER