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HomeMy WebLinkAbout2026-02-02 I10 Public Safety Building Art AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 2, 2026 AGENDA ITEM:Consideration of approval of a resolution approving Proposal and Project Implementation Agreement By and Between Owner and Artist [Waukee Public Safety Building] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: In September 2025, the Waukee Public Art Advisory Commission (PAAC) issued a call to artists to consider an art installation near the new public safety facility on NW 20th Street. After considering proposals from five artists, a scoring panel selected Clint Hansen. According to the timeline in Exhibit A, project design will begin immediately with fabrication to take place during the winter/spring of 2026. Installation is planned to occur before August 1, 2026. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The budget of $58,092 will be covered by funds set aside from the construction of the new public safety facility COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff recommends approval of the resolution. ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement- Clint Hansen PREPARED BY: Nick Osborne, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I10 THE CITY OF WAUKEE, IOWA RESOLUTION 2026- RESOLUTION AUTHORIZING THE CONTRACT WITH CLINT HANSEN FOR PUBLIC ART PROJECT AT NEW PUBLIC SAFETY FACILITY IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee developed the Waukee Public Art and Culture Plan in 2023 and; AND, WHEREAS, the Public Art Advisory Commission (PAAC) held a call to artists in September 2025 and identified the location of the artwork as the promenade leading to the front entrance of the new public safety facility; AND, WHEREAS, a scoring panel including the Waukee Police Chief, Fire Chief, City Administrator, and two PAAC members selected an artwork by Clint Hansen with a budget of $58,092 and description in Exhibit A of the contract; AND, WHEREAS, the cost will be covered by capital funds associated with the construction of the new public safety facility. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2nd day of February 2026, that the public art contract with Clint Hansen is approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the referenced contract. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Anna Bergman Pierce Chris Crone Rob Grove Lori Lyon 1 CITY OF WAUKEE, PUBLIC ARTS ADVISORY COMMISSION PUBLIC ART PROGRAM PROPOSAL AND PROJECT IMPLEMENTATION AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on Eebuary _2__, 2026_, between the City of Waukee, amunicipal corporation, acting on behalf City of Waukee, Public Arts Advisory Commissio n(“City”) and Clint Hansen (“Artist”). The City's Representative shall be the Assistant Ci tyAdministrator or their designee. WHEREAS, the City desires to commission and acquire a site-specific public work of art (“Public Work of Art”) for the community of Waukee, Iowa, to be installed near the entrance at the Waukee Public Safety Facility 815 NW 20th Street, Waukee, IA 50263; WHEREAS, the City desires the Artist to design, engineer and construct the Public Work of Art in the Artist’s unique style, and expressed with community engagement. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Public Work of Art at the site. Artist agrees to meet with the Public Arts Advisory Commission, Project Work Group, and City staff (collectively “Project Team”) as necessary throughout all stages of the project. b. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture, of the Public Work of Art, subject to review and acceptance by the City’s Representative as set forth in this Agreement. c. It is the intent of the parties that the City’s Representative and the Artist establish a close and cooperative consultation throughout the duration of this Agreement. 1.2 Proposal a. The City of Waukee acknowledges receipt of a proposal dated October, 2025 with atotal budget of $58,092. Exhibit A. 1.3 Design Review a. Within sixty (60) days after the execution of this agreement, the Artist shall, after consultation and collaboration with the Project Team, prepare and submit to the City’s Representative detailed working drawings of the Public Work of Art and the site, together with such other graphic materials as may reasonably be requested by the City’s Representative including certification that the Public Work of Art is in compliance with applicable statutes, ordinances, regulations or requirements of any governmental agency having jurisdiction over the project. The Artist shall be responsible for contracting with a structural engineer to certify the design of all footings and other structural components of the Public Work of Art. Upon request by February XXXXXXX 2 the Artist, the City’s Representative shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission. b. The City may require the Artist to make such revisions to the Proposal as are necessary for the Public Work of Art to comply with applicable statutes, ordinances, regulations or requirements of any governmental regulatory agency having jurisdiction over the Project. c. The City may also require revisions for other practical (non-aesthetic) reasons. d. Any additional redesign fees must be agreed upon by both parties prior to work being initiated. e. Within 30 days after its receipt of the Artist’s submission pursuant to this Section 1.3, the City’s Representative shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the detailed working drawings as a result thereof. Revisions made pursuant to the Section 1.3 become part of the Proposal. f. Upon approval of the Proposal and all detailed working drawings, the City shall become owner of all the studies, sketches, drawings, paintings, diagrams, working drawings, graphic material, and models or related products as presented in the Proposal to the Public Arts Advisory Commission and Project Team. 1.4 Execution of the Work a. The Artist shall complete installation of the Public Work of Art by a date mutually agreed upon by the Artist and the City but no later than August 1, 2026. After written approval of the submissions and revisions made pursuant to Section 1.3, the Artist shall furnish the City’s Representative a tentative schedule for completion of fabrication and installation of the Public Work of Art, including a schedule for the submission of progress reports, if any. After written approval of the schedule by the City Representative, the Artist shall fabricate, transport and install the Public Work of Art in accordance with such schedule. Such schedule may be amended by written agreement between the City’s Representative and the Artist. b. The City shall have the right to review the Public Work of Art at reasonable times during the fabrication thereof. The Artist shall submit to the City Representative progress reports in accordance with the schedule provided for in Section 1.4 (a) c. The Artist shall be responsible for obtaining any and all permits from any governmental regulatory agency required to perform any aspect of the fabrication and installation of the Public Work of Art. d. The Artist shall complete the fabrication and installation of the Public Work of Art in substantial conformity with the Proposal, detailed working drawings, and approved schedule. e. The Artist shall present to the City’s Representative in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Public Work of Art not permitted by or not in substantial conformity with the Proposal or detailed working drawings. A significant change includes, but is not limited to, any change in scope, design, color, size, material, texture or location of the site of the Public Work of Art which affects installation, scheduling, site preparation or maintenance for the Public Work of Art or the concept of the Public Work of Art as represented in the Proposal. 1.5 Delivery and Installation a. The Artist shall notify the City’s Representative in writing when the fabrication of the Public Work of Art is complete and the Artist is ready for its delivery and installation at the site. 3 b. The Artist agrees to notify the City’s Representative, no fewer than thirty (30) days prior to the Artist’s intended time of delivery to determine the particulars of delivery including time, location and agent designated by the City. c. The Artist shall deliver and install the completed Public Work of Art at the site in compliance with the schedule approved pursuant to Section 1.4(a). d. The Artist shall be responsible for all expenses, labor, and equipment to prepare the site for the timely installation of the Public Work of Art, including footings, electrical, and mounting devices. The Artist and the City shall confer about lighting design and discuss additional budget options prior to implementation. 1.6 Post-Installation a. Within (thirty) 30 days after the installation of the Public Work of Art, the Artist shall furnish the City’s Representative with the following photographs/images of the Public Work of Art: (i) a minimum of twenty-four (24) images which document the process and development of the Public Work of Art from community engagement to beginning fabrication through completion of installation. Images must be 600 dpi, and suitable for electronic and print publication. (ii) a minimum of twelve (12) images of the completed and installed Public Work of Art, taken from at least three different viewpoints; b. The abovementioned photographs shall become the property of the City to be used at the City’s discretion. c. The Artist shall be notified of any dates and times for Public Work of Art dedication or presentation ceremonies relating to the Public Art Program and will be required to attend one such event. The City shall not be required to pay the Artist’s expenses to attend any such ceremonies. d. The City’s Representative shall use its best efforts to arrange for publicity for the completed Public Work of Art in such publications as may be determined between the City’s Representative in consultation with the Artist as soon as practicable following installation. e. Upon installation of the Public Work of Art, the Artist shall provide to the City’s Representative comprehensive written final instructions for appropriate maintenance and preservation of the Public Work of Art. 1.7 Final Acceptance a. The Artist shall advise the City’s Representative in writing when all services required by Article 1, including those described in Section 1.6 have been completed in substantial conformity with the Proposal. b. The Public Work of Art shall be examined by the City’s Representative directly following receipt of written notice from the Artist. c. The City’s Representative shall give the Artist written notice specifying and describing any services which have not been completed. Once the City’s Representative determines all services to be complete and in substantial conformity with the Proposal, the City’s Representative shall notify the Artist in writing of the City’s final acceptance of the Public Work of Art. 1.8 Risk of Loss 4 The risk of loss or damage to the Public Work of Art shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Public Work of Art from loss or damage until final acceptance. 1.9 Indemnity The Artist agrees to defend, indemnify, and hold harmless the City from any liabilities, willful or non-willful acts of negligence by the Artist or the Artist’s subcontractors or agents, for any loss, theft, mutilation, vandalism or other damage (including that caused by acts of God) that may befall the Public Work of Art during any activities related to the planning, creation, delivery or installation of the Public Work of Art, or for any failure of warranty as described in Article 4. To the fullest extent permitted by law, Artist agrees to defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed officials, employees, volunteers, and others working on behalf of the City against any and all claims, demands, suits, or losses, including any and all outlays and expenses connected therewith, and for any damages which may be asserted, claimed, or recovered against or from the City, its elected and appointed officials, employees, volunteers or others working on behalf of the City, by reason of personal injury, including bodily injury or death, and property damages, including loss or use thereof, which arises out of or is in any way connected or associated with the products, work and/or services provided by Artist to the City pursuant to the provisions of this Agreement. It is the intention of the parties that the City, its elected and appointed officials, employees, volunteers or others working on behalf of the City shall not be liable or in any way responsible for injury, damage, liability, loss or expense incurred by Artist, its officers, employees, subcontractors, and others affiliated with Artist due to accidents, mishaps, misconduct, negligence, or injuries either in person or property resulting from the work and/or services performed by Artist pursuant to the provisions of this Agreement, except for and to the extent caused by the negligence of the City. Artist expressly assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of or in connection with the product, work and/or services provided by Artist to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City premises resulting from the activities of Artist, its officers, employees, subcontractors, and others affiliated with Artist. Artist represents that its activities pursuant to the provisions of this Agreement will be performed and supervised by adequately trained and qualified personnel, and Artist will observe and cause its officers, subcontractors and others affiliated with Artist to observe all applicable safety rules. 1.10 Title Title to the Public Work of Art shall pass to the City upon final acceptance. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The City shall pay the Artist a fixed fee of $58,092 which shall constitute full compensatio nfor all fees, services, expenses, and materials to be performed and furnished by the Artist und erthis agreement. The fee shall be paid in the following installments, expressed as percentages ofsuch fixed fee, each installment to represent full and final, non-refundable payment for all servic es,expenses, and materials provided prior to the due date thereof. The Artist shall invoice the Cityfor each payment request. 5 a. Ten percent (10%) within thirty (30) days after the execution of this agreement. b. Sixty-five percent (65%) within sixty (60) days after the City’s Representative notifies the Artist of its approval of the submission of detailed working drawings required under Section 1.3 c. Twenty percent (20%) within thirty (30) days after the Artist notifies the City that the Public Work of Art is fabricated and ready for installation at the site. Artist must provide photographs of the work of art confirming that the final product is in substantial compliance with the proposal. d. Five percent (5%) within thirty (30) days after final acceptance. If the Artist selects to utilize the City’s services and materials during installation, fees for those services and materials shall be deducted from the final payment due the Artist. 2.2 Artist’s Expenses The Artist shall be responsible for the payment of all copies of drawings and documents, mailing or shipping charges on submissions to the City’s Representative, the cost of transporting the Public Work of Art to the site and the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the Artist as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Public Work of Art as proposed by the Artist and approved by the City’s Representative pursuant Section 1.4, provided that such time limits may be extended or otherwise modified by written agreement between the Artist and the City’s Representative. 3.2 Construction Delays If, when the Artist completes fabrication or procurement of the Public Work of Art in accordance with the approved schedule and notifies the City that the Public Work of Art is ready for installation, the Artist is delayed from installing the Public Work of Art within the time specified in the schedule as a delay on the part of the City, the City shall provide storage, or reimburse the Artist for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the Public Work of Art can be installed. 3.3 Early Completion of Artist’s Services The Artist shall bear any transportation and storage costs resulting from the completion of the Artist’s services prior to the time provided in the schedule for installation. 3.4 Time Extensions The City’s Representative may grant a reasonable extension of time to the Artist in the event that there is a delay on the part of the City in performing its obligations under this Agreement, or if conditions beyond the Artist’s control or Acts of God render timely performance of the Artist’s services impossible or unexpectedly burdensome. The Artist shall grant a reasonable extension of time to the City in the event that there is a delay on the part of the City in performing its obligations under this Agreement, or if conditions beyond the City’s control or Acts of God 6 render timely performance of the City’s obligations impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of Agreement provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The Artist represents and warrants that: (a) the Public Work of Art is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City’s Representative, the Public Work of Art is unique and original and does not infringe upon any copyright; (c) that the Public Work of Art, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Public Work of Art is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with the submission of the Proposal and pursuant to Article 1 that: (a) the execution and fabrication of the Public Work of Art will be performed in a high-quality workmanlike manner; (b) the Public Work of Art, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent vice or qualities which cause or accelerate deterioration of the Public Work of Art; and (c) comprehensive maintenance and preservation instructions to be submitted by the Artist to the City’s Representative hereunder, shall adequately maintain and preserve the Public Work of Art. The warranties described in this Article 4 shall survive for a period of five years after the final acceptance of the Public Work of Art. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Public Work of Art). Article 5. Insurance 5.1 The Artist and all employees of the Artist shall each effect and maintain insurance to protect the Artist from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the Artist is legally liable. 5.2 All certificates of insurance required in this Article 5 shall state that thirty (30) days written notice will be given to the City before the policy is canceled or changed. All certificates of insurance shall be delivered to the City’s Representative prior to the time that any operations under this Agreement are started. 5.3 All certificates of insurance required in this Article 5 shall be written by an insurance company authorized to do business in the State of Iowa. Before providing any services, the Artist 7 shall furnish an insurance certificate to the City, showing adequate insurance to be in force. Any subcontractors utilized shall be subject to the same insurance requirements. 5.4 The required insurance shall include: a. Commercial General Liability Including coverage for premises and operations, independent contractors, products & completed operations, contractual liability, explosion, collapse and underground hazards (XCU), personal injury/advertising injury. The City shall be named as additional insured on a primary and non- contributory basis, including waiver of subrogation in favor of the City. Bodily Injury & Property Damage - Each Occurrence $1,000,000 Personal Injury & Advertising Injury - Per Person $1,000,000 General Aggregate on the Above $2,000,000 Products & Completed Operations General Aggregate $2,000,000 Fire Damage Limit $100,000 Medical Expense Limit $5,000 b. Business Automobile Liability Insurance Including coverage for all owned, non-owned and hired automobiles with limits of liability not less than the following. The limit can be satisfied by providing a primary policy or in combination with an excess liability policy. The City shall be named as additional insured on a primary and non-contributory basis, including waiver of subrogation in favor of the City. Bodily Injury & Property Damage – Each Accident $1,000,000 c. Workers Compensation and Employers Liability As required by any applicable law or regulation. Part 1- Workers Compensation Benefits Statutory d. Employers Liability Bodily Injury Each Accident $100,000 Bodily Injury by Disease Policy Limit $300,000 8 Bodily Injury by Disease Each Employee $100,000 e. Umbrella Liability The Artist will maintain umbrella liability insurance on an occurrence basis in excess of the general liability, automobile liability and employer’s liability insurance described above which is at least broad as all underlying policies. The City shall be named as additional insured on a primary and non-contributory basis, including waiver of subrogation in favor of the City. Each Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 f. Property Insurance The Artist will insure the artwork against loss or damage until final acceptance by the City of Waukee Article 6. Reproduction Rights 6.1 General The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the Public Work of Art except ownership and possession, except as such rights are limited by this Section 6.1. In view of the intention that the Public Work of Art in its final dimension shall be unique, the Artist shall not make any additional duplicate reproductions of the final Public Work of Art, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns a royalty-free, irrevocable license to make two dimensional reproductions of the Public Work of Art for educational and/or non-profit purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, clothing, media, publicity, catalogues, city, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner, which license shall be assigned by the City without the consent of the Artist. 6.2 Notice All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: ____________, date of publication. 6.3 Credit to Owner The Artist shall give a credit reading substantially, "An original public work of art commissioned for Insert Artwork Title, City of Waukee, Public Arts Advisory Commission. In the permanent Collection, Public Arts Advisory Commission, Waukee, Iowa" in any public showing under the Artist’s control of reproductions of the Public Work of Art. 6.4 Registration The Artist shall cause to be registered, with the United States Register of Copyrights, a copyright of the Public Work of Art in the Artist’s name. 9 Article 7. Identification and Artist’s Rights 7.1 Identification The Artist shall incorporate into the Public Work of Art text or plaque at the site identifying the Artist, the title of the Public Work of Art, the year of completion, and the City of Waukee, Public Arts Advisory Commission. The final wording shall be mutually agreed upon by Artist and City’s Representative. 7.2 Maintenance The City recognizes that maintenance of the Public Work of Art on a regular basis is essential to the integrity of the Public Work of Art. The City shall reasonably assure that the Public Work of Art is properly maintained and protected, taking into account the instructions of the Artist provided in accordance with Section 1.6 (e). 7.3 Alteration of the Public Work of Art or of the Site a. Except as provided under subsection 7.3(b), below, the City agrees that it will not intentionally damage, alter, modify or change the Public Work of Art without giving written notice to the Artist. b. The City reserves the right to alter the location of the Public Work of Art; relocate the Public Work of Art to another site; and remove the Public Work of Art from public display as necessitated by City Development and Planning, or as the City determines as appropriate. The following provisions shall apply to relocation or removal: (i) While the City shall attempt to remove Public Work of Art in such a way as to not affect the Public Work of Art, it is the parties understanding that such removal may result in damage, alternation, modification, destruction, distortion or other change of the Public Work of Art. The Artist acknowledges that this provision shall qualify under 17 U.S. C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the Public Work of Art may be removed without damage, alteration, modification, destruction, distortion or other change, City shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Public Work of Art, the Artist agrees to file the records, including Artist’s identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The Artist further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Public Work of Art. 7.4 Permanent Record. The City’s Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the Public Work of Art. Article 8. Artist as Independent Contractor The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee or official of the City, nor shall the Artist exercise supervision over any employee or official of the City. 10 Article 9. Assignments, Transfer, Subcontracting 9.1 Neither this Agreement nor any interest herein shall be transferred or assigned by the Artist. Any such transfer shall be null and void and shall be cause to annul this Agreement. 9.2 Subcontracting by Artist. The Artist may subcontract portions of the services to be provided hereunder at the Artist’s expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal or Public Work of Art, and shall be carried out under the personal supervision of the Artist. The Artist must obtain approval from the City’s Representative prior to hiring any subcontractor. If the City’s Representative does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the City’s Representative. Article 10. Termination 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 receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property, provided that no right to fabricate or execute the Public Work of Art shall pass to the City and the City shall compensate the Artist pursuant to Article 2 for all services performed by the Artist prior to termination; or at the Artist’s election, the Artist shall refund all amounts paid by the City in exchange for all finished and unfinished related Public Work of Arts. Notwithstanding the previous sentence, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. In addition to the above terms, this Agreement may be terminated for any reason by the City during the Agreement period, subject to a written thirty (30) day notice being delivered to the Artist. The City shall pay the Artist for all work produced up to the date of the notice. Article 11. Compliance The Artist shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the Artist’s services under this Agreement. Article 12. Records Access The Artist shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making an audit, examination, excerpts, and transcriptions, for three years after final payment and all other pending matters related to this agreement are closed. 11 Article 13. Non-Discrimination During the performance of this agreement, the Artist shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, gender identity, marital status, status with regard to public assistance, disability, or age. The Artist shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Artist shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Article 14. Entire 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. Article 15. Modification No alternation, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the City. Article 16. Notices All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: a. if the OWNER, to: Nick Osborne, Assistant City Administrator City of Waukee, Public Arts Advisory Commission 230 W Hickman Rd Waukee, Iowa 50263 Phone: 515-978-7902 E-mail: nosborne@waukee.org b. if the ARTIST, to: Clint Hansen 14301 Plum DR Urbandale, IA 50323 Phone: 515-380-4737 Email: clint@clinthansen.com Article 17. Additional Agreements The Artist shall recognize the City’s Representative as its duly authorized representative of the City. Article 18. Jurisdiction 12 The parties agree that the laws of the State of Iowa shall govern this contract and the jurisdiction for actions under this contract shall be in the District Court in Polk County, Iowa. Article 19. Force Majeure The parties will be excused from performing under this Agreement if performance is prevented by a condition beyond the control of the parties such as acts of God, war, civil insurrection, government action or public emergency but only for as long as such unforeseen occurrence exists. Both parties will take all reasonable steps to assure performance of their contractual obligation when the unforeseen occurrence has ceased to exist but resumption of performance will be subject to negotiation between the parties if there more than one (1) year has passed since suspension of obligations under this Agreement or there are substantially changed circumstances. This agreement is executed on day and year first written above. PUBLIC ARTIST _______________________________ Clint Hansen CITY OF WAUKEE, IOWA, an Iowa municipal corporation Courtney Clarke Mayor CLINT HANSEN, ARTIST 14301 PLUM DR, URBANDALE, IA 515.380.4737 CLINT@CLINTHANSEN.COM WAU K E E P U B L I C SA F E T Y FAC I L I T Y P U B L I C A R T P R OJ E C T OCTOBER 2025 Exhibit A Letter of Interest October 20, 2025 To the City of Waukee Public Art Selection Committee, I am writing to express my enthusiastic interest in creating a one-of-a-kind, site-specific, public safety-themed artwork for the Waukee Public Safety Facility. As a local public artist with a deep respect for community storytelling and placemaking, I am drawn to this project not only for its creative potential, but for the opportunity to honor the dedication and sacrifice of Waukee’s police officers and firefighters through a bold, durable, and meaningful installation. Design Vision My proposed installation features eight vertically rising columns—four on each side of the entrance promenade, forming a symmetrical path leading toward the facility’s main entrance and flagpole. These 30-inch diameter columns range in height from 6 feet to 12 feet, increasing gradually to create a sense of upward momentum and reverence as visitors approach the facility— a memorable, positive city landmark. The columns are cut with imagery, words, badges, and motifs specific to Waukee’s Police and Fire Departments—communicating courage, compassion, and service through both text and silhouette. Each column contains an internal spotlight that dramatically projects light through the cutout designs, creating a dynamic experience at night and enhancing visibility from NW 20th St. and Douglas Pkwy. The outer surfaces are gunmetal gray, representing strength and unity, while the inner surfaces are bold red (Fire) and vibrant blue (Police), ensuring the installation is eye-catching and photogenic in all seasons and from all angles. The use of local symbolism, department-specific references, and durable materials ensures both personalization and long-term resilience. Eligibility and Community Engagement I meet all eligibility requirements outlined by the City of Waukee. I have successfully completed multiple public commissions and understand the collaborative process required to bring community-driven artwork to life. I would actively engage with the art committee and local stakeholders to ensure the resulting artwork authentically reflects community values, honors its heroes, and builds pride in our community. Project Criteria Alignment This proposal was developed with direct consideration for the site’s architectural layout and environmental context. The design enhances the entrance space while ensuring high visibility from surrounding traffic. The tall, vibrant columns form a sculptural narrative arc, evoking reflection, respect, and community connection. Durable construction and integrated lighting ensure low maintenance and year-round appeal. The color, scale, lighting, and subject matter all contribute to a powerful, memorable presence that celebrates public safety and reinforces Waukee’s identity as Iowa’s fastest growing city, and a great place to raise a family. I appreciate your consideration of this proposal and the opportunity to honor Waukee’s first responders with a public artwork that uplifts, delights, and inspires. Warm regards, Clint Hansen W A U K E E P U B L I C S A F E T Y F A C I L I T Y CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 2 Clint Hansen is a fifth generation artist creating one-of-a-kind artwork for gallery, commercial and public settings. His award-winning art is represented in private, corporate and governmental collections. CLINT HANSEN V I S U A L C O M M U N I C AT O R I believe the truth of any story is found in its details. For over 30 years, I’ve been captivated by the process of shaping visual narratives—where texture, color, and form merge to tell something deeper than words alone can express. There’s an unmatched joy in seeing a composition come alive, piece by piece, until it speaks with clarity and emotion. This work pulls me in every time—I lose myself in it. And I love every moment. As the official portrait artist for the Washington Huskies Hall of Fame, and through collaborations with some of the nation’s most talented creatives, I am grateful to bring meaningful stories to life through art. Artist Statement Partial Client List (2) U.S. Mint coin designs for the U.S. Olympic Committee, Smithsonian Institute, Frank Loyd Wright Foundation, Chicago Bears, Iowa State University, Disney, NBA, World Food Prize, Danish Immigrant Museum, North Carolina Museum of History, John Deere Financial, Washington Huskies Hall of Fame, IBM, National Historic Trails Museum, Coca-Cola, Anheuser-Busch, Audi, Ford Motor Company, Banana Republic, McDonald’s, Arby’s, Cracker Barrel, Old Spice, Capital One, Iowa Air National Guard, Reader’s Digest, Kodak, NAPA, Wood Magazine, Procter & Gamble, Zebco, Energizer Batteries, John Deere, Harley Davidson, Union Pacific Museum, Kellogg’s. • Public art commissions including John Deere Financial, Audubon, IA, Carroll Co. Parks, Manning Veterans Assoc., City of West Des Moines, IA, Polk County, Iowa • BFA (Cum Laude) Iowa State Univ, 1987 • 2 large public art sculptures, City of Urbandale, IA Interstate Interchange • Oil portrait hanging in U.S. Capitol, Permanent Collection • 3 large scale mosaic murals in Iowa State Univ. Permanent Collection • 2 Coins for U.S. Mint & Olympic Committee • 30+ years freelance artist working with Fortune 500 companies CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 3 “Clint is not only an extremely talented artist, his heart and soul are in every piece he creates. He has the innate ability to LISTEN to others’ ideas, determine what is important, and bring it to life through his creations. His public art brings color, beauty and MEANING to an otherwise empty space, creating a legacy that will remain for decades.”JODI STERLE, Ph.D. Harman Endowed Professor Department of Animal Science Iowa State University “Simply stated, Clint Hansen is a gifted artist. His greatest gift is his ability to listen, discern, and deliver the art piece's intent. The mural he created for the Iowa State University Alumni Center has simply surpassed all of our expectations.”JEFFERY JOHNSON, President, Iowa State University Alumni Association “I can't imagine a more seamless process than working with Clint Hansen on the Iowa State Traditions mural for the ISU Alumni Center. Clint's vision was creative and insightful, yet he never made our committee feel like we were intruding on his creative process when we suggested changes. The finished product speaks for itself -- I think it's one of the most outstanding works of art on a campus that's nationally known for its public art.”CAROLE GIESEKE, Chief Communications Officer, Iowa State University Alumni Association REFERENCES Lynette L. Pohlman Director and Chief Curator University Museums, ISU 290 Scheman Building 1805 Center Dr, Ames, IA 50011-1059 515.294.6966 lpohlman@iastate.edu Head of projects for 3 large commissions on ISU Campus Missy Smith Polk County Conservation 12130 NW 128th St., Granger, IA 50109 515.323.5317 missy.smith@polkcountyiowa.gov Nature Center Coordinator and Commissioning committee member, Easter Lake Sculpture Allison Ullestad Arts, Culture, and Enrichment Supervisor City of West Des Moines 515.222.3455 Commissioning committee member, City of West Des Moines Dr. Jodi Sterle, Ph.D. Dept. of Animal Science, ISU 119 Kildee Hall, Ames, IA 50011 515.294.7997 jsterle@iastate.edu Commissioning committee member, Hansen Pavillion Murals CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 4 Waukee Public Safety Facility Public Art Project - Call to Artists - Waukee, IA 10’ N8 Column Placement 6’ Column 8’ Column 10’ Column 12’ Column 6’ Column 8’ Column 10’ Column 12’ Column Column heights range from 6’-12’ Composition: Eight vertically rising columns—four on each side of the entrance promenade—forming a symmetrical path leading to the facility entrance and flagpole. Scale & Form: Each column measures 30 inches in diameter, ranging in height from 6 to 12 feet, gradually increasing to evoke upward motion, reverence, and honor as visitors approach the site. Artistic Detailing: Surfaces are precision-cut with imagery, words, badges, and motifs representing Waukee’s Police and Fire Departments, symbolizing courage, compassion, and service through text and silhouette. Lighting Design: Each column houses an internal spotlight that projects light through the cut designs—creating a striking nighttime presence visible from NW 20th St. and Douglas Pkwy. Color Palette: Outer surfaces: Gunmetal gray—symbolizing strength and unity. Inner surfaces: Red for Fire and Blue for Police—vivid, contrasting hues that keep the piece eye-catching and photogenic year-round. Meaning & Impact: The installation serves as a memorable city landmark, celebrating community service and shared values through dynamic form and light. Durability & Identity: Crafted with durable materials and local symbolism to ensure both longevity and personalization for the Waukee community. Proposed Installation Overview Purpose: To celebrate the unwavering commitment of Waukee’s police and fire personnel through a powerful work of public art—one that transforms their service, sacrifice, and compassion into a lasting symbol of community respect and gratitude. CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 5 INITIAL DESIGN/CONCEPTS FOR THE WAUKEE PUBLIC SAFETY ART PROJECT Waukee Public Safety Facility Public Art Project - Call to Artists - Waukee, IA 12’10’8’6’ 12’10’8’6’ 7.85’ 7.85’ Layouts representing the eight 30-inch columns, each carved with 94.25 inches of art, unite to form a 565-square-foot mural. The composition transforms with perspective—every turn offering fresh imagery and new moments of discovery. CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 6 Douglas Overpass - WEST Sculpture PREVIOUS WORKS SAMPLE 1 15’ Pal Tiya Sculpture $40,000 completed ahead of schedule Awarded commission by the City of Urbandale, Iowa. Welded steel armature inside shell of Pal Tiya Premium, a stronger than cement, frost proof sculpting material. Mounted to limestone block. CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 7 Douglas Overpass - EAST Sculpture PREVIOUS WORKS SAMPLE 2 14’ Pal Tiya Sculpture - $40,000 completed ahead of schedule Awarded commission by the City of Urbandale, Iowa. Welded steel armature inside shell of Pal Tiya Premium, a stronger than cement, frost proof sculpting material. Mounted to limestone block. CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 8 3. EASTER LAKE | Athene North Shore Recreation Area “Overwhelming the Obstacles” commissioned as the centerpiece of an all inclusive barriers-free shore line/playground, this sculpted lighthouse is welded out of thick chains representing physical barriers that break away as they climb upwards towards the working lighthouse beacon. PREVIOUS WORKS SAMPLE 3 6’ x 14’ galvanized steel - $15,000 completed ahead of schedule CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 9 2 Commissions for Iowa State university AG Pavilion Murals The official Art in State Buildings Project selection for the ISU College of Agricultures Student Learning Center and Pavilion, this mural is displayed in the facility’s large entrance area. The seamless stained glass mosaic communicates the rich history and varied contributions of the College of Agriculture to quality food production world wide. PREVIOUS WORKS SAMPLES 4-5 40’ x 6’ stained glass mosaic $75,000 completed on schedule 55’x 7’ stained glass mosaic $100,000 completed on schedule CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 10 Douglas I80-35 Overpass - East and West sculptures Two 15’ Pal Tiya Sculptures - $40,000, completed ahead of schedule Awarded commission by the City of Urbandale, Iowa. Welded steel armature inside shell of Pal Tiya Premium, a stronger than cement, frost proof sculpting material. Mounted to limstone blocks. Selected List of Work Samples Waukee Public Safety Facility Public Art Project - Call to Artists - Waukee, IA EASTER LAKE | Athene North Shore Recreation Area sculpture 6’ x 14’ galvanized steel, $15,000, completed ahead of schedule “Overwhelming the Obstacles” commissioned as the centerpiece of an all inclusive barriers-free shore line/playground, this sculpted lighthouse is welded out of thick chains representing physical barriers that break away as they climb upwards towards the working lighthouse beacon. Iowa State university AG Pavilion Murals (2) A. 40’ x 6’ stained glass mosaic , $75,000, completed on schedule B. 55’x 7’ stained glass mosaic, $100,000 completed on schedule The official Art in State Buildings Project selection for the ISU College of Agricultures Student Learning Center and Pavilion, this mural is displayed in the facility’s large entrance area. The seamless stained glass mosaic communicates the rich history and varied contributions of the College of Agriculture to quality food production world wide. 1-2 3 4-5 CLINT HANSEN | rfq.clinthansen.com • clint@clinthansen.com • 515.380.4737 Page 11 Waukee Public Safety Center Sculptures Budget Breakdown Footings and Electric (Van Maanen)……………………….$17,042 Six 30” Tubing sections……………………………….………$4,580 Bed Liner coating to cover 628 sq ft: …………………...…..$1,675 Router and bits: …………………………………………………$295 Supplies: …………………………………………………………$200 Shop rental: ………………………………………………………$600 Tool rental:……………………………………………………..…$120 Engineer Inspection: ……………………………………………$450 Permit: ……………………………………………………………..$75 Shipping, transport and install: ………………………………...$950 Anchor hardware x6: ……………………………………………$300 Cut templates: ……………………………………………………$660 Design, Fabrication, Coating Install: ………………………$31,145 ____________________________________________________ Total (Not to exceed)…………………………………………$58,092