AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK (6)AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
THIS AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
made and entered into this 3rd day of September, 2009 by and between Jarrett K. Hawkins
(hereafter called the "ARTIST") whose address is 7234 Ohio Avenue Cincinnati OH
45236 and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the
State of Florida, located at 112 South Osceola Avenue, Clearwater, FL 33756 (hereafter
called the "CITY").
WITNESSETH:
WHEREAS, the ARTIST is the sole owner and creator of the items of ARTWORK that
are valued and described more fully in EXHIBIT "A" attached hereto and made a part
hereof, which items are hereinafter referred to collectively as "ARTWORK"; and
WHEREAS, the CITY wishes to display the ARTWORK temporarily along Cleveland
Street between East Avenue and Osceola Avenue in Clearwater, Florida; and
WHEREAS, the ARTIST wishes to temporarily loan for such exhibition, the
ARTWORK to the CITY for placement on certain public property along Cleveland Street
for a period of one year.
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties, it is hereby agreed by and between the
parties as follows:
1. RECITALS
1.1 The foregoing recitals are incorporated into and made a part of this
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF
ARTWORK, and the parties acknowledge and agree that such recitals are
true and correct.
2. TERM
2.1 The ARTIST hereby agrees to loan and temporarily display the ARTWORK
described in EXHIBIT "A" to the CITY for outdoor placement along
Cleveland Street in Clearwater, FL, 33756 for a period of twelve (12) months
upon the terms herein provided. The period of installation and display shall
start on September 3, 2009, unless mutually agreed upon by both parties. The
period of display and subsequent de-installation shall end no later than
September 30, 2010 unless mutually agreed upon by both parties.
3. ARTIST RESPONSIBILITIES
3.1 The ARTIST, using the ARTIST'S own or hired personnel and equipment is
fully responsible for the costs and handling involved in the delivery of the
ARTWORK to, and the pickup of the ARTWORK from, the placement site
along Cleveland Street. The ARTIST will agree to ARTWORK installation
and removal dates with the CITY that will be during regular business hours
unless specifically agreed to by the CITY. In addition, the ARTIST is
responsible for the oversight of the installation and the de-installation of the
ARTWORK by the CITY or the CITY'S agents. The ARTIST will provide
the CITY with a condition report of the ARTWORK after installation and de-
installation, confirming proper installation and de-installation and other
details as may be reasonably warranted.
3.2 The ARTIST will prepare structural drawings detailing the ARTWORK and
its integration to the concrete base. As determined by the CITY, the ARTIST
will provide to the CITY certification from a qualified, licensed engineer that
the ARTWORK will be of adequate structural integrity to sustain wind
speeds of 130 miles-per-hour occurring in three-second gusts or for a period
of time greater than four hours. The ARTWORK and the recommended
installation/de-installation process shall comply with, and the ARTIST in
performing under this AGREEMENT shall comply with all city, county, state
and federal regulations, laws, and ordinances.
3.3 Once approved by the CITY, the ARTIST will modify the ARTWORK, if
necessary, with any required hardware to attach the ARTWORK to the base.
3.4 The ARTIST represents that the ARTWORK is made of durable material and
will withstand the usual weather and climate in the area. The ARTIST
assumes all responsibility and risk for any deterioration or weathering caused
to the ARTWORK.
3.5 The ARTIST will provide a description of all materials utilized in the
ARTWORK and the routine care, if any, required during the loan agreement.
3.6 During the installation and de-installation periods as appropriate, the ARTIST
will be available for presentations, interviews, and ceremonies at the CITY'S
request.
3.7 The ARTIST will provide required insurance in the amounts and limits
specified in Section 8 INSURANCE.
3.8 The ARTIST represents that the ARTWORK does not utilize any protected
patent, trademark, or copyright and hereby indemnifies the CITY for any
claims related thereto.
4. CITY RESPONSIBILITIES
4.1 The CITY will determine a location for the exhibition of the ARTWORK on
Cleveland Street and will provide any information and relevant data, if any,
which is needed by the ARTIST in order to perform under this
AGREEMENT.
4.2 The CITY will prepare the site and construct a concrete base on which the
ARTWORK will be attached in accordance with the specifications detailed in
the approved structural drawings provided by the ARTIST.
4.3 Under supervision of the ARTIST, the CITY or the CITY'S agents will
install and de-install the artwork from its site on Cleveland Street.
4.4 The CITY will be responsible for compliance with all applicable laws and
regulations and will provide required permits for the installation and de-
installation process.
4.5 The CITY will provide and install an identification plaque next to the
ARTWORK, prepared and designed by the CITY containing a credit to the
ARTIST.
4.6 The CITY will pay the ARTIST a $4,000.00 Exhibition Fee as consideration
for the services and performance hereunder, including but not limited to, the
loan, delivery, installation and de-installation supervision, and removal of the
ARTWORK. The Exhibition Fee will be paid as follows: $3,500.00 upon
delivery and installation of the ARTWORK, as accepted by the CITY, and
500.00 upon de-installation and removal of the ARTWORK, as more
particularly defined in Section 5.
5. HONORARIUM AMOUNT AND SCHEDULE OF COMPENSATION:
5.1 HONORARIUM AMOUNT: The total honorarium amount awarded to the
ARTIST is Four Thousand Dollars ($4,000.00) for all services under this
AGREEMENT, including, but not limited to, transportation of ARTWORK to
and from the display site, certification of ARTWORK by a licensed structural
engineer, ARTIST'S supervision of artwork installation and de-installation,
ARTIST'S presence at publicity and public information sessions, and any other
performances and services required under this AGREEMENT.
a. No charges shall be incurred under this AGREEMENT nor shall any
payments become due to the ARTIST until all reports and services, or
both, required under this AGREEMENT are received from the
ARTIST and approved by the CITY as being in accordance with this
AGREEMENT. The final payment of the honorarium is due and
payable when the ARTWORK is fully removed from the display site
and a final invoice is submitted by the ARTIST.
b. In no event shall the CITY be liable for interest or late charges for any
late payments.
5.2 SCHEDULE OF COMPENSATION: The CITY agrees to make payments to
the ARTIST according to the schedule and conditions set forth below:
a. Initial dispersal payment: $3,500.00
ARTIST requirements for payment: Transportation of the ARTWORK,
and supervision of the installation of ARTWORK to the display site for
the duration of the period of display; ARTIST'S appearance at all pre-
arranged publicity and information sessions as requested by the CITY.
b. Final dispersal payment: 500.00
ARTIST requirements for payment: Supervision of de-installation of, and
removal transportation of the ARTWORK from the display site following
the period of display, and appearance at all pre-arranged publicity and
information sessions as requested by the CITY.
6. DISPLAY OF ARTWORK, BARRIER AND SIGNAGE:
6.1 DISPLAY OF ARTWORK: During the period of the CITY'S display of the
ARTWORK pursuant hereto, the CITY shall make the ARTWORK available
for viewing by the public without charge at such location along Cleveland
Street as the CITY deems appropriate. The CITY shall not charge any
admission fee or similar fee as a condition of viewing the ARTWORK.
6.2 BARRIER AND SIGNAGE:
a. At all times while the ARTWORK is on display the CITY may install
such physical barrier as the CITY, in its sole discretion from time to time,
deems appropriate in an attempt to prevent unauthorized persons from
touching the ARTWORK; provided, however, that the CITY does not
warrant or guarantee in any manner that unauthorized touching of the
ARTWORK will not occur. Additionally, the CITY may post signage as
the CITY, in its sole discretion determines to be appropriate, indicating
that touching the ARTWORK is prohibited.
b. At times while the ARTWORK is on display pursuant to the terms hereof,
the CITY will post an identification plaque next to the ARTWORK,
prepared and designed by the CITY, identifying the ARTIST and title of
the ARTWORK.
7. RISK OF LOSS
7.1 The ARTIST shall bear all risk of loss or damage to the ARTWORK
including, but not limited to, theft, vandalism or any other act by a third
party, and damage caused by acts of god, war, or natural conditions/disasters
including, but not limited to, floods, hurricanes, tornadoes, lightning, and any
loss occurring during the storage, transportation, delivery, installation, de-
installation, and removal of the artwork, regardless of where such loss occurs.
8. INSURANCE:
8.1 RE UIRED INSURANCE: The ARTIST shall place and maintain for the
periods prior to, during, and after the installation, de-installation, and removal
of the ARTWORK, and pay the cost thereof, the following insurance policies:
a. Worker's Compensation and Employer's Liability Insurance: If the
ARTIST has employees, the ARTIST shall procure and maintain statutory
Worker's Compensation Insurance and Employer's Liability Insurance
with limits of no less than $300,000 per occurrence for the jurisdiction
where the work is being performed and provide a waiver of subrogation
against the CITY. If the ARTIST has no employees as defined by Florida
Statues and Regulations the ARTIST shall submit a letter stating it is
exempt from this requirement, said letter to be incorporated into and
become a part of this Agreement.
b. General Liabifi Insurance: The ARTIST shall procure and maintain
General Liability Insurance, with limits of not less than $1,000,000 for
per occurrence, Combined Single Limit for Bodily Injury and Property
Damage, including Contractual Liability, Personal Injury, Products and
Completed Operations. The ARTIST shall obtain such insurance prior to
transporting or installing the ARTWORK at the display site.
CERTIFICATES OF INSURANCE: The ARTIST shall, at the CITY'S
request, provide certificates of insurance evidencing Worker's Compensation,
Employer's Liability, General Liability, and Automobile Liability prior to the
installation of the ARTWORK. If any insurance policy is due to expire
during the period of installation, the ARTIST shall provide a certificate of
renewal evidencing the required insurance coverage to the CITY not less than
fifteen (15) days prior to the expiration date.
9. INDEMNIFICATION AND NOTICE:
9.1 INDEMNIFICATION: The ARTIST agrees to indemnify and hold free and
harmless, assume legal liability for and defend the CITY and its officers,
employees, agents, and servants, whether they are current or former, from and
against all actions, claims, liabilities, assertions of liability, losses, costs, and
expenses, in law or in equity, including but not limited to attorneys' fees at
trial and appellate levels, reasonable investigative and discovery costs, court
costs, or claims for bodily injury or death of persons and for loss or damage
to property, except as provided for herein, of every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be
alleged to have arisen, from the installation, de-installation, or display of the
ARTWORK or as a result of the duties and obligations as required by this
AGREEMENT or that which has resulted or alleged to have resulted from the
negligent acts or omissions or other wrongful conduct of, or the infringement
of any copyright by, the ARTIST and/or its subcontractors, employees, and
agents in connection with the ARTIST'S performance pursuant to this
AGREEMENT.
a. This indemnification shall survive the termination or expiration of this
AGREEMENT.
9.2 NOTICE: Each party shall immediately notify the other of any written claim
regarding any matter resulting from or relating to the party's obligations
under this AGREEMENT. Each party shall cooperate with the other in the
defense or investigation of any such claim arising out of or relating to the
performance of this AGREEMENT.
10. WARRANTIES OF TITLE, QUALITY, AND CONDITION:
10.1: WARRANTY OF TITLE: The ARTIST represents and warrants that:
a. The ARTWORK is solely the result of the artistic effort of the ARTIST;
b. The ARTWORK is unique and original and does not infringe upon any
copyright;
c. The ARTWORK is free and clear of any liens from any source
whatsoever.
10.2 WARRANTY OF QUALITY AND CONDITION: The ARTIST represents
that all work has been and will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of "inherent vice" or qualities
that cause or accelerate deterioration of the ARTWORK) for the duration of
the display or one (1) calendar year, whichever is longer.
a. The ARTIST represents and warrants that the ARTWORK and the
materials used are not currently known to be harmful to public health
and safety;
b. The ARTIST represents and warrants that reasonable maintenance of
the ARTWORK will not require procedures substantially in excess of
those described in the maintenance recommendations submitted to the
CITY by the ARTIST;
c. If within the period of the display the CITY observes any breach of
warranty described in this Section 10.2 that is curable by the ARTIST,
the ARTIST shall, at the request of the CITY, cure the breach
promptly, satisfactorily, and consistent with professional conservation
standards, at no expense to the CITY. The ARTIST shall have the
right to first refusal to make or supervise such repairs or restorations.
Should the ARTIST be unavailable or unwilling to cure the breach
consistent with professional conservation standards the CITY may
terminate this AGREEMENT. The CITY shall give notice to the
ARTIST of any such breach with reasonable promptness.
d. If within the period of display the CITY observes a breach of warranty
described in this Section 10.2 that is not curable by the ARTIST, the
ARTIST is responsible for reimbursing the CITY for damages,
expenses, and loss incurred by the CITY as a result of the breach and
shall remove the ARTWORK immediately if directed by the CITY,
should the CITY in its sole discretion deem said removal to be in the
best interest of the health, safety, and welfare of the citizens of
Clearwater.
11. MAINTENANCE AND REPAIRS:
11.1 As a condition to final approval of the CITY, the ARTIST shall provide the
CITY with a parts list and written description of the regular cleaning and
maintenance needs of the ARTWORK. Routine cleaning and maintenance of
the ARTWORK shall be the responsibility of the CITY. The ARTIST shall
be available for consultation on maintenance and repair throughout the period
of display.
11.2 The ARTIST represents and warrants that general routine cleaning of the
ARTWORK and any associated working parts will maintain the ARTWORK
within an acceptable standard of public display.
11.3 The ARTIST represents that foreseeable exposure to the elements and
general wear and tear will cause the ARTWORK to experience only minor
repairable damages and will not cause the ARTWORK to fall below an
acceptable standard of public display.
11.4 With general routine cleaning, and within the context of foreseeable
exposure to the elements and general wear and tear, the ARTWORK will not
experience irreparable conditions that do not fall within an acceptable
standard of public display, including mold, rust, fracturing, staining,
chipping, tearing, abrading, and peeling.
11.5 The CITY recognizes and agrees that it will not intentionally alter, modify or
change the artwork.
12. TITLE AND COPYRIGHT:
12.1 TITLE AND COPYRIGHT: The CITY recognizes that the title to the
ARTWORK shall remain with the ARTIST, its successors or assigns. At no
time shall title pass to the CITY as a result of this AGREEMENT. The
ARTWORK shall remain the sole property of the ARTIST, its successors or
assigns, including, but not limited to, copyrights under the Copyright Act of
1976, 17 U.S.C. §§ 101 et. Seq.; as amended, or any and all rights provided
for by the Visual Artists' Rights Act of 1990 (Section 106A of the United
States Copyright Act; as amended) unless otherwise granted by the ARTIST
to any other party. All future decisions regarding the use and continued
ownership of such property will be within the sole and unconditional
discretion of the ARTIST, its successors or assigns.
12.2 REPRODUCTION RIGHTS:
a. The ARTIST grants to the CITY and its assigns an irrevocable license to
make two-dimensional reproductions of the ARTWORK for non-
commercial purposes, including, but not limited to, reproduction used in
brochures, media publicity, and exhibition catalogues or other similar
publications provided that these rights are exercised in a tasteful and
professional manner.
b. All reproductions by the CITY shall contain a credit to the ARTIST and a
copyright notice in substantially the following form: Copyright
[ARTIST'S name, date of publication], if the ARTIST advises that the
ARTWORK is in fact copyrighted. Should the ARTIST not hold a
copyright on the ARTWORK, the ARTIST may, at the ARTIST'S own
expense, cause to be registered with the United States Register of
Copyrights, a copyright in the ARTWORK in the ARTIST'S name.
c. If the CITY wishes to make a reproduction of the ARTWORK for
commercial purposes, the parties shall execute a separate agreement to
address the terms of the license granted by the ARTIST and the royalty
the ARTIST shall receive.
d. The CITY is not responsible for any third party infringement of an
ARTIST'S copyright and is not responsible for protecting the intellectual
property rights of the ARTIST.
e. The ARTIST shall not, during the performance of this AGREEMENT,
disseminate publicity or news releases regarding the ARTWORK without
prior written approval of the CITY.
13. DEFAULT AND TERMINATION:
13.1 DEFAULT: Failure or refusal of the ARTIST to perform or do any act herein
required shall constitute a default. In the event of a default, in addition to any
other remedy available to the CITY, the CITY upon thirty (30) days written
notice may terminate this contract. Such termination does not waive any
other legal remedies available to the CITY.
13.2 TERMINATION:
a. Either party may terminate this AGREEMENT where performance is
rendered impossible or impractical for reasons beyond such party's
reasonable control such as, but not limited to, acts of nature; war or
warlike operations; governmental regulation or control; public
emergency; or strike or other labor disturbance. Notice of termination of
this AGREEMENT shall be given to the non-terminating party in writing
not less than thirty (30) days prior to the effective date of termination.
b. The CITY may terminate this agreement without cause upon thirty (30)
days written notice to the ARTIST. The CITY shall pay the ARTIST for
services performed consistent with the SCHEDULE OF
COMPENSATION set forth in Section 5.2 of this AGREEMENT.
c. If either party to this agreement shall willfully or negligently fail to fulfill
in a timely and proper manner, or otherwise violate any of the covenants,
agreements or stipulations material to this AGREEMENT, the other party
shall thereupon have the right to terminate this AGREEMENT by giving
written notice to the defaulting party of its intent to terminate, specifying
the grounds for termination. The defaulting party shall have thirty (30)
days after the effective date of the notice to cure the default. If it is not
cured by that
d. time, this AGREEMENT shall terminate.
14. MISCELLANEOUS:
14JENTIRETY OF AGREEMENT: This writing embodies the entire agreement
and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby. No
alteration, change, or modification of the terms of the AGREEMENT shall be
valid unless made in writing and signed by both parties hereto.
14.2 CAPTIONS: The captions of each paragraph and headings hereof are added
as a matter of convenience and shall be construed to be of no affect in the
construction of any provision or provisions hereof.
14.3 NOTICES: Any notices regarding this AGREEMENT given by either party
to the other must be in writing and shall be deemed to have been given,
delivered or made, as the cause may be (1) when delivered by personal
delivery, or (ii) five (5) business days after having been deposited in the U.S.
Mail, certified or registered, return receipt requested, with sufficient postage
affixed and prepaid or (iii) one (1) business day after having been deposited
with an expedited overnight courier service (such as by way of example but
not limited to: U.S. Express Mail, Federal Express, or UPS), addressed to the
party to whom notice is intended to be given at the address set forth below:
If to the CITY: City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
If to the ARTIST: Jarrett K. Hawkins
Hawkins & Hawkins Custom
7234 Ohio Avenue
Cincinnati, OH 45236
J
Any party may change the address to which its notices are to be sent by giving the
other party written notice of any changes in the manner provided herein, but
notice of change of address if effective only upon actual receipt.
14.4 CITY'S AUTHORITY: The CITY warrants that it has all required authority
to enter into this AGREEMENT FOR LOAN AND TEMPORARY
DISPLAY OF ARTWORK and to be bound by the terms hereof.
14.5 ARTIST'S AUTHORITY: The ARTIST warrants that it has obtained all
necessary authority through official action of its officers and directors, if
necessary, to enter into this AGREEMENT FOR LOAN AND
TEMPORARY DISPLAY OF ARTWORK and to be bound by the terms
hereof.
14.6 SURVIVING COVENANTS: The covenants and obligations set forth in this
AGREEMENT shall survive the delivery, installation, and removal of the
ARTWORK, unless otherwise provided for herein, and shall be binding upon
the parties, its heirs, legatees, executors, administrators, assigns, transferees,
and all its successors in interest.
14.7 INTERPRETATION: This AGREEMENT shall be interpreted under and in
accordance with the laws of the State of Florida.
14.8 CONSTRUCTION OF AGREEMENT: This AGREEMENT shall not be
construed more strictly against one party than against another merely by
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virtue of the fact that it may have been prepared by one of the parties, it being
acknowledged that both the ARTIST and the CITY have substantially and
materially contributed to the preparation thereof.
14.9 SEVERABILITY: If any provision of this AGREEMENT is contrary to,
prohibited by, or deemed invalid by applicable laws or regulations of any
jurisdiction in which it is sought to be enforced, then such provision shall be
deemed inapplicable and omitted, but such omissions shall not invalidate the
remaining provisions of this AGREEMENT.
14.10 FURTHER ASSURANCES: The parties shall promptly execute all
documents reasonably required and take such other steps in addition to the
execution of this AGREEMENT to effectuate the intent and purpose of this
AGREEMENT.
IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT
FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK to be executed
on the date first above written.
CITY OF CLEARWATER, FLORIDA
App oved as to form:
04 ? -X ?
Laura Mahony-Lipowski
Assistant City Attorney
Witness:
B .e
illiam B. Horne II
Attest
City Manager
Chia E. Goudeau V' -
City Clerk
OF
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Jarrett wkins
By: _ Y W
Jarrett K. Hawkins, ARTIST
Artist Name:
Jarrett K. Hawkins
Artwork Title:
Linear V (2009)
Artwork Medium:
Cast aluminum, lacquer finish
Artwork Dimensions:
8'2"x2'x1'8"
Artwork Value:
$22,000
Artist Credentials:
Graduate of Miami University, Oxford, OH
Recent Public Works:
Medallions, 2008
World Food Prize Foundation
Des Moines, IA
Remembrance, 2005
Liberty Garden at Eden Park
Affecting Change, 2004
Bridge Media Worldwide
No Child Left Behind, 2004
Hamilton High School
Hamilton, OH
Pioneer Family, 2002
Private Commission
Hamilton, OH
Bill, 2002
Fidelity Investments
Covington, KY
The Patriot, 2001
Deer Park Veteran's Memorial
Deer Park, OH
JARRETT K. HAWKINS
hawkins@one.net
7234 Ohio Ave. Deer
513.891.7509
Statement: Linear V
www.hawkinsandhawkins.biz
Park, Ohio 45236
email:
My work has always been based in natural processes--most
fundamentally the natural mechanics of human vision as demonstrated
through line and pattern, figure and ground.
The kinds of form implicit in this approach are also common in the
larger natural world, i.e. the shapes of erosion and accretion or the
meander of a stream or river. The sequence of form change in plant
growth and the accommodations plants make to one another, e.g. vines
twining around a tree or growing over stones is also a reference
point in my process of making.
Part of an ongoing series, Linear V takes full advantage of its
three-dimensionality; it changes with every viewing position. Add the
dimension of time, and the work multiplies its impact further because
of the changes in lighting: hour of the day and weather conditions.
Artist Bio:
Jarrett Hawkins started his sculpture career in the early 1970s as a
stone sculptor. He stopped producing art in the late 70's and taught
himself how to make custom cabinetry and furniture. While running a
custom furniture studio for 10 years, Jarrett also renovated a
Victorian row house and did a variety of historic renovation work. He
began his return to art making in the late 1980s after a serious shoF
injury brought his business to a halt.
As part of this process Jarrett decided to pursue a long-time
interest in bronze casting. This interest (along with the desire to
have a multi-media capable studio) ultimately resulted in the
creation of Hawkins & Hawkins Custom. HHC is the collaborative studio
effort of Jarrett and his partner Celene Hawkins, also a sculptor.
The studio offers full casting and fabrication services and includes
a foundry, metalworking shop, woodworking facility and a stone yard
where Jarrett personally creates and produces most of his work. This
degree of in--house production is unusual, but is a function of his
intense commitment to an accurate translation of his forms from
original model into permanent sculptures. HHC, under his and Celene's
direction, also provides fabrication and production services for
other artists, as well as teaching and outreach efforts.
Jarrett is presently doing private and public commissions full-time.
He was a Fellow at the Artist's Enclave at I-Park in 2008. His work
is being exhibited nationally in 2009 in New York City, Kingsport,
TN, Indianapolis, IN, and Clearwater, FL. He will have a solo
exhibition at the Weston Art Gallery in Cincinnati, OH in 2010.
Wholesale Value: $14,750
Media: Cast Aluminum, Polane 2 component industrial paint
Dimensions: 108" h x 21" x 18" with stainless steel base
Year Completed: 2009
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08/19/2009
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE IMMI°Dl
09
PRODUCER Kent Insurance Agency Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
7520 Montgomery Rd ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Cincinnati OH 45236 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
www.kentagency.blz
www.vacant-insurance.net
INSURED Hawkins & Hawkins Custom
7234 Ohio Ave
Cincinnati, OH 452363469
I INSURERS AFFORDING COVERAGE
NAIC #
44393
INSURER A: West American Insurance CO
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COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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WORKERS COMPENSATION AND L_ _?RY LIMITS ,__ • ER
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E.L. DISEASE - EA EMPLOYEE I S
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT ! S
OTHER
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re. 6524 Montgomery Rd, Cincinnati OH 45213 (Green Corner Studios and Marketplace) Studio #2 and Studio #3,
holder is named as an additional insured.
CERTIFICATE HOLDER CANCELLATION
Richard C Cooke
RJC Development LLC
6257 Rogers Park Place
Cincinnati, OH 45213
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE 15SUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001/08)
AUTHORIZED REPRESENTATIVE /
9 ACORD CORPORATION 1988
Certificate of Coverage
Page 1 of 2
Bureau of Workers'
spr 1
Ohio Compensation 30 W St
Columbus, urnb us, DM4 43 215
Cerlfficate of Pr??rlydvm Payment
This ceMes the employer MW below has paid Into the Ohio State Insurance Fund as
required by law. Therefore, the employer is entitled to the rights and benefits of the
fund for the period speoWW. For more information, call 1-800-OHIOBWC.
This certlscate must be aonspieuously pasted.
PcAioy No Find Frnployer Period 5peoified Relow
1304055
JARRETT K HAV (kS"
HAWKINS & HAM. N$• CUSTOM
7234 OHIO AVJ''?`:?,
CINCINNATI, 011,-:46236-345§-"
ohiobwt eom
09/0E1QM Thru O1 W010
Aelr++isit?t+5r
You can reproduce thie c o irlcefe as needed.
Ohio Bureau of WorkeW Compensation
Required Posting
Effective Oct. 13, 2004, Section 4123.54 of the Ohio Revised Code
requires notice of rebuttable presumption. Rebuttable presumption
means an employee may dispute or prove untrue the presumption
(or belted that alcohol or a controlled substance not pnsaaribed
by the employee's physician is the proximate cause (main reason)
of the work-related injury.
The burden of proof Is on the employee to prove the presence of
alcohol or a controlled substance was not the proximate cause of
the work-related injury- An employee who tests positive or refuses
to submit to chemical testing may be disquallfled ibr compensation
and benefits under the Workers' Compensation Act-
' Bureau of Workers'
Ohio! Compensation -Am"a pW to wouspWM rra r+•a P- FV-L
https://www.ohiobwe.com/0nployarlse MeesICartCovRe:printslsecurelCetificate_asp?t KtCl... 918/2009
ETHAN PARKER, PE
CONSULTING ENGINEER
8130 MAXFIELD LANE
MADEIRA, OHIO 45243
OFFICE (513) 271-7000
EMAIL eppe@cind.rr.com
DESIGN CALCULATIONS FOR WIND-LOADING
ON A SCULPTURE
PROJECT NO. 090801
08/17/09
SCULPTOR: JARRETT HAWKINS
FABRICATOR/
INSTALLER/OWNER: HAWKINS AND HAWKINS CUSTOM
7234 OHIO AVE. DEER PARK, OH 45236
PROJECT LOCATION: CLEVELAND ST., CLEARWATER, FL
DESCRIPTION: ALUMINUM SCULPTURE WITH A
POLYURETHANE FINISH
ECG ? ' ??
ETHAN PARKER, P.E.
OHIO REGISTRATION NO. 52137
OF •0,,,,,.
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Project #090801
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Three Views of the Sculpture
8'-6"
Projected Area in the East-West Direction
Area = 5.47 ft2
The greatest projected area will be the east and west faces as the work is to be installed.
Loading along this axis will also produce the greatest bending stresses since the smallest
section occurred about the north-south axis.
1
Project #090801
Mean X Mean Y
5.4855 3.4484
A (in2) Sxx (in3) Syy (in3) Ixx Qn4) Iyy (in4)
7.75 15.2581 11.9786 76.5121 46.1369
Dx Max Dy Max
5.0145 3.8516
No. of Section Sum X Sum Y Sum of Dx2 Sum of Dye
62 340.1 213.8 612.0969 369.0948
Dx2 Max Dye Max
25.1454 14.8349
n x y Dx2 Dye
1 3.0 0.0 6.1776 11.8914
2 3.5 0.1 3.9421 11.2117
. 1
2
Develop Properties for Section #1
Project #090801
3 4.0 0.2 22067 10.5520
4 4.4 0.3 1.1783 9.9123
5 5.0 0.4 0.2357 9.2927
6 5.5 0.4 0.0002 9.2927
7 6.0 0.4 0.2647 9.2927
8 6.5 0.4 1.0292 9.2927
9 7.0 0.4 2.2938 9.2927
10 7.5 0.4 4.0583 9.2927
11 8.0 0.4 63228 9.2927
12 8.5 0.4 9.0873 9.2927
13 9.0 0.4 12.3518 9.2927
14 9.5 0.4 16.1163 9.2927
15 10.0 0.5 20.3809 8.6930
16 10.1 1.0 212938 5.9946
17 10.2 1.5 22.2267 3.7962
18 10.3 2.0 23.1796 2.0978
19 10.5 2.5 25.1454 0.8994
20 10.5 2.9 25.1454 0.3007
21 10.2 3.2 22.2267 0.0617
22 9.9 3.7 19.4880 0.0633
23 9.5 4.0 16.1163 0.3043
24 9.2 4.4 13.7976 0.9056
25 9.0 4.8 12.3518 1.8269
26 8.6 5.3 9.7002 14285
27 8.4 5.8 8.4944 5.5301
28 8.1 6.1 6.8357 7.0311
29 7.9 6.5 5.8299 9.3123
30 7.7 7.0 4.9041 12.6140
31 7.4 7.3 3.6654 14.8349
32 7.0 7.2 2.2938 14.0746
33 6.7 7.0 1.4750 12.6140
34 6.2 6.7 0.5105 10.5730
35 6.0 6.5 0.2647 9.3123
36 5.8 6.4 0.0989 8.7120
37 5.4 6.2 0.0073 7.5714
38 4.9 5.9 0.3428 6.0104
39 4.5 5.8 0.9712 5.5301
40 4.1 5.5 1.9196 4.2091
41 3.8 5.4 2.8409 3.8088
42 3.3 5.4 4.7763 3.8088
43 2.8 5.5 7.2118 4.2091
44 2.6 6.0 8.3260 6.5107
3
Project #090801
45 2.2 6.3 10.7944 8.1317
46 1.8 6.1 13.5828 7.0311
47 1.6 5.8 15.0970 5.5301
48 1.3 5.3 17.5183 3.4285
49 1.0 4.9 20.1196 2.1072
50 0.8 4.5 21.9538 1.1059
51 0.6 4.1 23.8680 0.4246
52 0.8 3.8 21.9538 0.1236
53 1.2 3.5 18.3654 0.0027
54 1.6 3.2 15.0970 0.0617
55 2.0 3.0 12.1486 0.2011
56 2.4 2.6 9.5202 0.7198
57 2.6 2.2 8.3260 1.5585
58 2.3 1.8 10.1473 2.7172
59 2.1 1.4 11.4615 4.1959
60 2.4 1.0 9.5202 5.9946
61 2.6 1.6 8.3260 3.4165
62 2.8 0.1 7.2118 11.2117
4
Project #090801
Develop Properties for Section #3
Mean X Mean Y
3.4611 2.5389
A (in2) Sxx (in3) Syy (in3) Ixx (in4) Iyy (in4)
4.5 5.4968 5.1084 17.9257 13.0832
Dx Max Dy Max
3.2611 2.5611
No. of Section Sum X Sum Y Sum of Dx2 Sum of Dye
36 124.6 91.4 143.4056 104.6656
Dx2 Max Dye Max
10.6348 6.5593
n x y Dx2 Dyz
1 0.3 0.6 9.9926 3.7593
2 0.8 0.5 7.0815 4.1571
3 1.2 0.8 5.1126 3.0237
4 1.7 0.8 3.1015 3.0237
5
Project #090801
5 2.1 0.8 1.8526 3.0237
6 2.6 0.6 0.7415 3.7593
7 3.1 0.6 0.1304 3.7593
8 3.6 0.8 0.0193 3.0237
9 4.1 0.8 0.4082 3.0237
10 4.6 0.8 1.2971 3.0237
11 5.1 0.7 2.6860 3.3815
12 5.6 0.6 4.5748 3.7593
13 5.8 1.0 5.4704 2.3682
14 5.8 1.5 5.4704 1.0793
15 5.9 2.0 5.9482 0.2904
16 6.0 2.5 6.4460 0.0015
17 6.1 3.0 6.9637 0.2126
18 6.3 3.5 8.0593 0.9237
19 6.3 3.9 8.0593 1.8526
20 5.9 4.1 5.9482 2.4371
21 5.5 4.5 4.1571 3.8460
22 5.1 4.8 2.6860 5.1126
23 4.8 5.1 1.7926 6.5593
24 4.3 5.1 0.7037 6.5593
25 3.8 4.9 0.1148 5.5748
26 3.3 4.8 0.0260 5.1126
27 2.8 4.8 0.4371 5.1126
28 2.3 4.7 1.3482 4.6704
29 1.9 4.6 2.4371 4.2482
30 1.8 4.1 2.7593 2.4371
31 1.7 3.7 3.1015 1.3482
32 1.5 3.2 3.8460 0.4371
33 1.3 2.8 4.6704 0.0682
34 0.9 1.8 6.5593 0.5460
35 0.5 1.5 8.7682 1.0793
36 0.2 1.1 10.6348 2.0704
6
Project #090801
Develop Properties for Section #5
Mean X Mean Y
3.2968 1.7065
A (in2) Sxx (in3) Syy (in3) Ixx (in4) Iyy (in4)
3.875 3.4841 1.5634 14.2962 8.7448
Dx Max Dy Max
4.1032 5.5935
No. of Section Sum X Sum Y Sum of Dx2 Sum of Dye
31 102.2 52.9 114.3697 69.9587
Dx2 Max Dye Max
16.8365 31.2878
n x y Dx2 Dye
1 0.1 1.8 10.2194 0.0088
2 0.5 1.5 7.8219 0.0426
3 1.0 1.2 5.2752 0.2565
4 1.3 0.8 3.9871 0.8217
5 0.5 0.4 7.8219 1.7068
6
7
Project #090801
6 1.9 0.1 1.9510 2.5807
7 2.4 0.1 0.8042 2.5807
8 3.0 0.1 0.0881 2.5807
9 3.4 0.1 0.0107 2.5807
10 3.9 0.1 0.3639 2.5807
11 4.4 0.1 1.2171 2.5807
12 4.9 0.1 2.5703 2.5807
13 5.2 0.2 3.6223 2.2694
14 5.3 0.4 4.0129 1.7068
15 5.4 0.9 4.4236 0.6504
16 5.6 1.4 5.3048 OM39
17 5.8 1.9 6.2661 0.0375
18 5.8 2.2 6.2661 0.2436
19 5.3 2.5 4.0129 0.6297
20 4.8 2.9 22597 1.4246
21 4.4 2.8 1.2171 1.1958
22 3.9 2.8 0.3639 1.1958
23 3.3 2.7 0.0000 0.9871
24 2.8 19 0.2468 1.4246
25 2.4 3.0 0.8042 1.6733
26 1.9 3.1 1.9510 1.9420
27 1.7 2.9 2.5497 1.4246
28 1.4 2.5 3.5978 0.6297
29 1.0 2.1 5.2752 0.1549
30 1.5 2.0 3.2284 0.0862
31 7.4 7.3 16.8365 31.2878
8
Project #090801
Develop Properties for the Base
The base on which the sculpture is to be mounted is a truncated pyramid, 14" x 14" at the
base, 12" x 12" at the top, and 10" tall. The side faces are fabricated from 5/32" 316
stainless steel plates. The top plate and base flange are 1/2" 316 stainless steel plate.
11 11/16x5/32
I = 2(20.7876+0.0003+1.875*5.9219)
I = 63.78 in4
S = 63.78/6 =10.63 in3
A = 7.40 in2
Projected Area of Base:
10 x 13 = 130 in2 / 144 = 0.903 ftz
9
Minimum Section of the Base
Project #090801
The sculpture was analyzed for a 130 mph wind load. Since the shape of the piece is
irregular, an average shape coefficient was conservatively estimated to be 1.5. A visual
estimate found that the highest stresses were likely to occur at sections #1, 3, and 5,
which were located 0", 26.5," and 55.5" above the base, respectively. The following is
an analysis of the wind loading and resulting stresses on these sections as well as the
connection to the base and the anchor bolts.
V=130 mph
q = 1302 x 0.00256 = 43.26 psf
I = 1.0
Cp = 1.5
p= 43.26 x 1.0 x 1.5 = 64.90psf
Total Wind Force: 64.9 x 5.47 = 355.11b
Determine the Loading on the Anchor Bolts
Moment at Anchor Bolts:
M = (5.47 x (8.5/2 + 0.833) + 0.9 x 0.833/2)64.90 =1829 lb-ft
Tension on Anchor Bolts
1829 x 12 / (16 x 2) = 686 lb/bolt
686/3502 = 0.196 < 1.0
Shear on Anchor Bolts
A = 5.47 + 0.90 = 9.37 ft2
V = 9.37 x 64.9 = 608 lb
Shear / Bolt = 608 / 4 = 152 lb
f„ = 152 / 0.1963 = 774 psi
774 / (0.17 x 74,963) = 0.06:5 1.0
Check Combined Shear and Tension on Anchor Bolts
0.196 + 0.06 = 0.256:5 1.0 (Wind Load)
10
Project #090801
Determine the Loading on the Bolts Connecting the Sculpture to the Base
Overturning Moment at Sculpture Base
355.1 x 5 =1509.011b ft
Tension Per Bolt at Sculpture Base from Overturning Moment
1509 x 12 = 32921bl
2 x 2.75 bolt
Bolts are 316 Stainless Steel with F„ = 515 MPa and Fy w 205 MPa
Ft is the lesser of. 0.33F„ or 0.6Fy
0.33(515 x 145) = 74,963 psi
0.6(205 x 145) = 17,839 psi
A ''/a" O bolt = 0.1963 in2
17,839 x 0.1963 = 3,502 lb
3292 / 3502 = 0.94:5- 1.0
11
Project #090801
The sculpture is cast from 5356 aluminum and welded with 4043 aluminum. 5356 has an
Fy =17,000 psi and the 4043 filler rod has an Fy T 11,300 psi. Design Fb = 11,300 x 0.61
= 6,893 psi. 5356 has an F,, = 26,000 psi and the 4043 filler rod has an F„ = 11,500 psi.
Design F,, = 11,500 / 2.34 = 4, 915 psi.
Check Stresses at the Base of the Sculpture (Section #1)
V = 64.9 x 5.47 = 355 lb
f, = 355 / 7.75 = 45.8 psi
f„/F„=45.8/4915=0.009 1.0
M = 355 x 8.5/2 = 1509 lb-ft
fb = 1509 x 12 / 11.98 = 1,511 psi
fb/Fb = 1511 / 6893 = 0.22 < 1.0
Check Stresses at Section #3
V = (75.5/102)5.47 x 64.9 = 263 lb
f„=263/4.50=58.4 psi
f,,/F,,=58.4/4915=0.012 1.0
M = 263 x 6.29/2 = 827 lb-ft
fb=827x 12/5.11= 1944 psi
fb/Fb = 1944 / 6893 = 0.28 :S 1.0
Check Stresses at Section #5
V = (0.456 x 5.47)64.9 = 162 lb
f,, = 162 / 3.875 = 41.8 psi
f„/F,,=41.8/4915?0.009:?- 1.0
M = 162 x 3.875/2 = 83.6 lb-ft
fb = 83.6 x 12 / 1.5634 = 642 psi
fb/Fb = 642 / 6893 = 0.09:S 1.0
12