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HomeMy WebLinkAboutC-3985 - Agreement for the Creation and Installation of a Marine Battalion 1/1 Memorial Sculpture• 0 C. 306 AGREEMENT BETWEEN ARTIST BENJAMIN J. VICTOR AND THE CITY OF NEWPORT BEACH FOR THE CREATION AND INSTALLATION OF A MARINE BATTALION 1/1 MEMORIAL SCULPTURE THIS AGREEMENT is made and entered into as of this L lv� day of October, 2007, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City "), and BENJAMIN J. VICTOR, an individual whose address is 1200 S. Jay St., Aberdeen, South Dakota 57401 ("Artist'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to build a memorial to the Marines of the 15t Battalion, First Marine Division ( "111 "), to recognize their heroism in Iraq and the close relationship of the unit to the City. The Marine battalion, which is based at Camp Pendleton, was adopted by the City in 2003. C. City desires to commission Artist to design, build and install a bronze sculpture of a Marine as a centerpiece of the 111 Marine Memorial, to be installed at Castaways Park on Dover Drive in the City (the °Site "). City desires to have the artwork installed in time for Memorial Day 2008. D. Artist is a nationally recognized Artist who has a specialty in creating large sculptures. Artist's work can been seen in many prominent public places, including the National Statuary Hall in the United States Capitol. E. City has solicited and received a proposal from Artist, has reviewed the previous experience and evaluated the prior work created by Artist, and desires to commission Artist to create, design and install the Marine sculpture under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and unless terminated earlier as set forth herein, shall extend until written final 0 P acceptance by City of the Artwork, or submission of final payment to the Artist by City, whichever is later. 2. ARTIST'S OBLIGATIONS 2.1 Artist agrees to create, deliver, and install at the Site the following: One life size to 6'6" tall bronze sculpture of a Marine as presented in the Artist's Design Proposal (hereinafter referred to as the "Design'), attached hereto as Exhibit A and incorporated in full by this reference. The Artwork shag include a 9 -1oot black granite piece, granite base, and plaque, as described in the Artist's Design Statement, attached hereto as Exhibit B. The sculpture, granite elements and plaque shall hereinafter be referred to as the "Artwork." 2.2 The Artist shall arrange the transportation and installation of the Artwork in consultation with the City's Public Works Department and shall supervise the installation. 2.3 Artist shall provide required insurance in the amounts and limits specified in Paragraph 11. 2.4 Artist agrees to attend a dedication ceremony for the Artwork upon completion of installation. 2.5 Upon final acceptance of the Artwork by the City, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Artist has agreed to have the Artwork completed and installed at the Site on or before May 25. 2008 (hereinafter referred to as the "Delivery Date "). The failure by Artist to meet this deadline may result in termination of this Agreement by City. 4. COMPENSATION TO ARTIST As full payment for the Artwork and all rights described in this Agreement, City shall pay the Artist Ninety-Eight Thousand Dollars and no/100 (598,000.00), which shall constitute full compensation for the Artwork, 0 0 including, but not limited to, fees, materials, transportation, insurance and shipping of the Artwork to the Site, and any costs incurred by the Artist for installation of the Artwork at the Site, as well as the associated rights described in this Agreement City (hereinafter referred to as the "Purchase Price "). No changes to the Purchase Price shall be made during the term of this Agreement without the prior written approval of City. 4.1 Payment Schedule. Artist shall be paid according to following payment schedule: • Upon execution of this Agreement: $10,000.00 • On December 1, 2007: $20,000.00 • On March 1, 2008: $30,000.00 • Upon Installation and Acceptance $38,000.00 4.2 Taxes. Any state or federal sales, use or excise taxes, or similar charges related to the services to be provided hereunder shall be paid by the Artist. 5. FABRICATION AND ACCEPTANCE 5.1. The Artist shall fabricate and install the Artwork in substantial conformity with the Design. The Artist may not deviate from the approved Design without written approval of the City. 5.2. Artist agrees to furnish the City with photographs of the work in progress on a monthly basis. The photographs may be digital images and sent by e-mail. The City shall also have the right to review the Artwork at reasonable times during the fabrication upon reasonable notice. 5.3. If the City, upon review of the Artwork, determines that the Artwork does not conform to the Design, the City reserves the right to notify the Artist in writing of the deficiencies and that the City intends to withhold the next payment installment. The Artist will promptly cure the City's objections and will notify the City in writing of completion of the cure. 5.4. The Artist shall notify the City in writing when fabrication of the Artwork has been completed and is ready for delivery and installation at the Site. 5.5. The City shall inspect the Artwork within five (5) days after receiving notification pursuant to Paragraph 5.4 to determine that the Artwork conforms with the Design and to give final approval of the Artwork. 3 0 0 The City shall not unreasonably withhold final approval of the fabricated Artwork. 5.6 Upon final approval of the fabricated Artwork, City shall provide Artist with a written Notice of Completion, which shall be evidence of the final acceptance and satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the warranties and further performance obligations set forth herein. 6. INSTALLATION 6.1 Upon the City's written final approval of the fabricated Artwork, the Artist shall deliver and install the completed Artwork at the Site. Transportation and handling fees shall be paid by the Artist. 6.2 The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. 6.3 If a footing, pavers, concrete pad or benches are deemed necessary by the City to install the Artwork at the site, then City shall arrange to install such items prior to installation. Artist may not install the Artwork until authorized to do so by the City. 6.4 The Artist shall be present to supervise the installation of the Artwork. 6.5 The City shall promptly notify the Artist of its final acceptance of the Artwork within two (2) days after the installation. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork. Title to the Artwork passes upon final acceptance and final payment. 6.6 Upon written final acceptance, the Artwork shall be deemed to be in the custody of City for purposes of Section 7. 6.7 Upon installation of the Artwork, the Artist shall provide the City with written instructions for the appropriate maintenance and preservation of the Artwork along with product data sheets for any material or finish used. The Artwork must be durable, taking into consideration that the Site is an unsecured public space that may be exposed to elements such as weather and ocean air. 7. RISK OF LOSS The Artist shall bear the risk of loss or damage to the Artwork until the City's written final acceptance of the Artwork under Section 6.5. The Artist 4 0 0 shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. 8. WARRANTIES 8.1 Warranties of Title. The Artist represents and warrants that: (a) The Artwork is solely the result of the artistic effort of Artist; (b) The Artwork is unique and original and does not infringe upon any copyrights or the rights of any third person; (c) The Artwork (or duplicate thereof) has not been accepted for sale elsewhere; (d) The Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; and (e) The Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement. These representations and warranties shall survive the termination of this Agreement. 8.2 Quality and Condition. The Artist represents and warrants that: (a) The fabrication of the Artwork will be performed in a workmanlike manner; (b) The Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects of "inherent vice" or qualities that cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in Section 8.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed 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 that 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 Artwork). 9. ADMINISTRATION This Agreement will be administered by the Recreation and Senior Services Department. Was Morgan, Director, shall be the City Administrator and shall have the authority to act for City under this 5 10. 11 0 • Agreement. The City Administrator or his /her authorized representative shall represent City in all matters pertaining to this Agreement. ARTIST AS INDEPENDENT CONTRACTOR The Artist agrees to perform all Artwork under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist acknowledges and agrees that the Artist shall not hold himself out as an authorized agent of the City with the power to bind in any manner. INSURANCE Prior to commencement of work, Artist shall obtain, provide and maintain at his own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Artist shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance. B. Coverage Requirements. i. Commercial General Liability Coverage. Artist shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including, without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. ii. Transoortation /Cartaae Insurance All -risk. Coverage must include loading, transportation, and unloading of the Artwork. If the Artwork is to be loaded, transported or unloaded by a person or entity other than the Artist, the insurance coverage must cover that person or entity. The minimum limit shall be the total amount of compensation paid to Artist through the date of loading. The certificate of insurance must be delivered to and approved by the City before the Artist's Artwork is loaded. E 0 0 iii. All Risk Installation Insurance. Coverage must include physical damage to or destruction of the Artwork. If the Artwork is to be installed by a person or entity other than the Artist, the insurance coverage must cover that person or entity. The minimum limit shall be the total amount of compensation paid to Artist through the date of the beginning of installation of the Artwork. The certificate of insurance must be delivered to and approved by the City before the Artist's Artwork is installed. C. Endorsements. The policies required herein shall each be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Artist. 12. INDEMNIFICATION Artist shall indemnify, defend and hold harmless the City, its officers, agents and employees (each a "Covered Party ") from and against all liabilities, obligations, losses, damages, judgments, costs or expenses (including legal fees and costs) (collectively "Losses ") arising from, or in connection with or caused by (a) any personal injury or property damage caused, directly or indirectly, by any act or omission of Artist, its subcontractors, agents or employees, including those that may be caused during transportation or installation of the Artwork; or (b) any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark and all other intellectual property claims of any person or persons in consequence of City's acceptance of Artist's work. Artist shall have no obligation under this Section with respect to any Loss that is caused solely by the active negligence or willful misconduct of a Covered Party. This indemnification shall survive the termination or expiration of this Agreement. 13. ASSIGNMENT The Artwork and services required of the Artist are personal and shall not be assigned, sublet or transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by City. 7 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Artist and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Artist to City shall be addressed to City at: City of Newport Beach Public Works Department Attn: Steve Badum 3300 Newport Boulevard Newport Beach, CA 92663 Phone: (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Artist shall be addressed to Artist at: Benjamin Victor Benjamin Victor Studios Northern State University Box 504 1200 S. Jay St. Aberdeen, SD 57401 bvictor @benjaminvictor.com Phone: (605) 380 -4528 15. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Artist. In the event of termination under this Section, City shall pay Artist for services 0 16. 17. 18. 19. 0 0 satisfactorily performed up to the effective date of termination, consistent with the schedule of payments set forth in Section 4.1. INABILITY TO PERFORM AGREEMENT If the Artist is unable, for any reason, to conceive, produce, or install the Artwork as agreed upon (other than the inability of City to perform hereunder), the Artist shall return all money paid to him. If any equipment and/or materials have already been purchased, the Artist shall keep those items and return the full Purchase Price to City. TITLE AND OWNERSHIP Title to the Artwork shall transfer from Artist to City upon the City's written final acceptance and final payment of the Purchase Price as outlined in Section 4.1. Title transfer shall be self- executing upon City's payment. Artist grants City title to and ownership of the Artwork, including the right to reproduce the Artwork, and images thereof. City shall make reasonable efforts to ensure that reproductions or publications that prominently feature the Artwork contain a credit to the Artist. In the event that City's use of the Artwork creates trademark, service mark or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark or trade dress. WAIVER No waiver of performance by either party shall be construed as to operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By. C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTESSIT: y: —1) ev* C 1 LaVon H r les City Clerk ARTIST: Benjamin J. Victor CITY OF NEWPORT BEACH, AMuni 'pal r oration B. Steve Rosansky Mayor for the City of Newport Beach Attachments: Exhibit A — Design Exhibit B Artist's Design Statement F:users/CAT/shared/AG/DBIGI/Prof Services/DonnaBigi/Contract with Benjamin Victor.doc 10 EXHIBIT A 0 n u EXHIBIT. B Benjamin Victor: D h m Statement I" Marines. I' Battallou My artwork is conceptually based figurative work which has a focus on the heroism of humankind. I have been fortunate to have received very large commissions at such a young age, but that is not really what drives me. What really excites me about what I do is creating works of an that are centered on people whose lives are models of what society should be. From the War Memorial Sculpture to my Recent Monument to Firefighters I have had the opportunity to study and create works of art based upon the lives of heroes who gave their lives for others. 1 cannot think of a more worthy undertaking to devote my life to than that of memorializing great people who put the lives of others before their own When working on the Aberdeen Regional Airport War Memorial Sculpture I personally interviewed over 200 Veterans. Their stories, along with the mountains of written histories I researched, gave me a deep appreciation for our service men and women. They inspire me to create so that their story lives on. They also jnspire me to create so that others will read of their lives and appreciate what they gave for this great country : And they inspire me to create so that proper respect and homage is paid to the selfless gilt that each gave to our society. I truly believe that creating a Monument to our Soldiers is the greatest undertaking an artist could have, which is why I am so excited at the prospect of creating a Monument to the I" Battalion, I" Marines. When this design came to me I was going over my notes and countless interviews with young soldier. Their testimonies to the feelings of farrijly members before, during, and after their tour of duty spawned this moving idea for a monument. I heard the tearful stories of families who had set their laved one off to war and he "never came barb'. I saw a young soldier who left and (after a severe injury to the head) returned to his wife without any memories of their past before his service. I have seen the fortunate soldiers weep as they tell me of how lucky they are to come back "without a scrape". All of these experiences are distilled into this emotive design. The design will encourage interpretation, thought, empathy, and appreciation for our service men and women. My preliminary drawings outline the design which includes life size bronze sculpture of a soldier. He is walking forward while looking back. As he walks forward he is enveloped by a 9 foot tall polished black granite corridor. He is literally walking into the granite corridor which creates an interesting set of questions and leads the viewer towards introspection. Is he already away from home and in the oar, "hooking back" on the times he had at home before he went off to war? Or is he taking a final look back as he heads off to war, giving a last "goodbye" glance before he is deployed? Our questions are met by no less a paradigm as we walk around the piece to realize that the limbs being enveloped by the granite piece are not coming through the other side. He "enters in, but does not come back out. Instead we see the name of the soldier's unit, or even perhaps the names of the fallen soldier(s) from the 1" Battalion, Id Marines. This will not only serve as a powerful visual metaphor for the soldier leaving for war never to return, but also an artistic response to the fact that every soldier is profoundly changed by their experiences in battle. It is a visual statement expressing the plight of the soldier who leave for war, and if they return, they return profoundly changed. The design will include a circular polished black granite base which will be low (8" to V tall). The circular design of the base will encourage 360 degree viewing of the piece and its polished, reflective finish will reinforce the "reflective" theme of the piece . The lower heigbi of the base will cause tie viewer to identify more readily with the soldier. It will also allow them to get a closer took at the details of the gear, and see clearly the emotions on his face as the soldier looks back. Also included in the design will be 4 polished black granite benches. They will invite viewers to sit and have a quiet time of introspection around the monument, and perhaps remember a loved one as they read the writing and/or names on the back of the granite corridor. My artwork is understood and enjoyed on marry different levels. Some people who view my artwork will see its aesthetic and design value. Others enjoy the attentiveness to detail, and appreciate the skill and time it takes to create such works. Others connect my works to the stories, ideas, and metaphors that they represent. Still others understand the iconography, and symbolism. Most of all, I hope people who view MY artwork gain sensitivity to the truth that my artwork represents. There is not a more noble truth than honoring those who have given their lives for others. It would be my honor to be chosen to create the Memorial Honoring the p" Battalion, I' Mannes for Newport Beach in my home State of California. Sincerely, Bern V r c 605- 380.4528 www.benjaminvictor.dnrn �victorfalbeniaminvictor dwm • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT lm -C)66 Agenda Item No. 15 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LIBRARY SERVICES Linda Katsouleas, Library Services Director; Arts and Cultural Services Division; Jana Barbier, Cultural Arts Coordinator (717 -3870) jbarbier@city.newport-beach.ca.us SUBJECT: MARINE 111 BATTALION MEMORIAL SCULPTURE CONCEPT AND DESIGN: APPROVAL OF CONTRACT, LOCATION OF SCULPTURE AND STATIONERY FOR MARINE 111 MEMORIAL COMMITTEE. RECOMMENDATION: (1) Approve Marine 111 Battalion sculptural concept, design, fabrication, and installation. Authorize the City Manager to approve an agreement, with concurrence of the Marine 1/1 Memorial Committee, and selected artist/sculptor Benjamin Victor of Benjamin Victor Studios for a bronze sculpture, base, plaque and four benches; including transportation and installation (2) Approve Castaways Park site, on Dover Drive as recommended location for installation of Marine 1I1 Memorial bronze sculpture /monument (3) Approve letterhead for Marine 111 Memorial Committee. DISCUSSION: BACKGROUND: (1) In April of 2007, the City of Newport Beach, Marine 1/1 Memorial Committee issued a Request for Qualifications from public artists proposing a sculptural design to memorialize the Marines of 1s' Battalion, 1" Marines. Six artists from local and international locations submitted proposals for a sculpture representative of the project by July 9, 2007. After careful deliberation of each concept, design, qualifications and budget, the committee selected • artist Benjamin Victor of Benjamin Victor Studios in Aberdeen, South Dakota to create a bronze sculpture. 0 0 Mr. Victor's proposal (attached) includes one life -sized to 6'6" tall bronze sculpture (as • presented in drawing,) including 9' granite piece, granite base, plaque and 4 benches; shipping of one life -sized to 66" tall sculpture as presented in a scale maquette with full insurance; artist's travel to install the sculpture and to participate in a dedication ceremony; rigging manpower, drilling and permanent installation of finished sculpture. The proposed budget for the project is $100,000. Ben Victor Studios has presented an itemized quote for the bronze sculpture, stating payment terms and description of services (attached.) (2) The proposed site for the project is Castaways Park on Dover Drive in Newport Beach. A site plan for placement of the sculpture at Castaways Park is included. The Marine 1/1 Memorial Committee is proposing to have the sculpture installed by May 26 (Memorial Day) of 2008. (3) The Marine 1/1 Memorial Committee is requesting the approval of stationery (draft of design attached) for purposes of correspondence and to be used for fundraising efforts by the committee for the Marine 1/1 Memorial sculpture project. FUNDRAISING AVAILABILITY: Fundraising for the Marine 111 Memorial sculpture project will begin immediately with the approval of the concept and design. The American Legion will be presenting the initial funding for the monument with a check for $5,000 to be presented at City Council on September 11, 2007. Further fundraising projects are planned by the Marine 1/1 Memorial Committee. The entire cost of the bronze sculpture ($100,000.00) will be raised by the Marine 1/1 Memorial Committee. Submitted by: C_ Linda Katsouleas, Library Services Director 949) 717 -3810 Cultural Arts Office: (949) 717 -3870 Jana Barbier, Cultural Arts Coordinator • • • 0 • Benjamin Victor: Design Statement 1 " Marines, Vt Battalion My artwork is conceptually based figurative work which has a focus on the heroism of humankind. I have been fortunate to have received very large commissions at such a young age, but that is not really what drives me. What really excites me about what I do is creating works of art that are centered on people whose lives are models of what society should be. From the War Memorial Sculpture to my Recent Monument to Firefighters I have had the opportunity to study and create works of art based upon the lives of heroes who gave their lives for others. I cannot think of a more worthy undertaking to devote my life to than that of memorializing great people who put the lives of others before their own. When working on the Aberdeen Regional Airport War Memorial Sculpture I personally interviewed over 200 Veterans. Their stories, along with the mountains of written histories I researched, gave me a deep appreciation for our service men and women. They inspire me to create so that their story lives on. They also inspire me to create so that others will read of their lives and appreciate what they gave for this great country. And they inspire me to create so that proper respect and homage is paid to the selfless gift that each gave to our society. I truly believe that creating a Monument to our Soldiers is the greatest undertaking an artist could have, which is why I am so excited at the prospect of creating a Monument to the 1" Battalion, I " Marines. . When this design came to me I was going over my notes and countless interviews with young soldier. Their testimonies to the feelings of family members before, during, and after their tour of duty spawned this moving idea for a monument. I heard the tearful stories of families who had sent their loved one off to war and he "never came back". I saw a young soldier who left and (after a severe injury to the head) returned to his wife without any memories of their past before his service. I have seen the fortunate soldiers weep as they tell me of how lucky they are to come back "without a scrape ". All of these experiences are distilled into this emotive design. The design will encourage interpretation, thought, empathy, and appreciation for our service men and women. My preliminary drawings outline the design which includes life size bronze sculpture of a soldier. He is walking forward while looking back. As he walks forward he is enveloped by a 9 foot tall polished black granite corridor. He is literally walking into the granite corridor which creates an interesting set of questions and leads the viewer towards introspection. Is he already away from home and in the war, "looking back" on the times he had at home before he went off to war? Or is he taking a final look back as he heads off to war, giving a last "goodbye" glance before he is deployed? Our questions are met by no less a paradigm as we walk around the piece to realize that the limbs being enveloped by the granite piece are not coming through the other side. He "enters in, but does not come back out Instead we see the name of the soldier's unit, or even perhaps the names of the fallen soldier(s) from the 1" Battalion, I't Marines. This will not only serve as a powerful visual metaphor for the soldier leaving for war never to return, but • also an artistic response to the fact that every soldier is profoundly changed by their 0 E experiences in battle. It is a visual statement expressing the plight of the soldier who • leave for war, and if they return, they return profoundly changed. The design will include a circular polished black granite base which will be low (8" to 1' tall). The circular design of the base will encourage 360 degree viewing of the piece and its polished, reflective finish will reinforce the "reflective" theme of the piece. The lower height of the base will cause the viewer to identify more readily with the soldier. It will also allow them to get a closer look at the details of the gear, and see clearly the emotions on his face as the soldier looks back. Also included in the design will be 4 polished black granite benches. They will invite viewers to sit and have a quiet time of introspection around the monument, and perhaps remember a loved one as they read the writing and/or names on the back of the granite corridor. My artwork is understood and enjoyed on many different levels. Some people who view my artwork will see its aesthetic and design value. Others enjoy the attentiveness to detail, and appreciate the skill and time it takes to create such works. Others connect my works to the stories, ideas, and metaphors that they represent. Still others understand the iconography, and symbolism. Most of all, I hope people who view my artwork gain sensitivity to the truth that my artwork represents. There is not a more noble truth than honoring those who have given their lives for others. It would be my honor to be chosen to create the Memorial Honoring the 1st Battalion, Is` Marines for Newport Beach in my home State of California. • Sincerely, c Benj V or 605- 380 -4528 www.beniaaminvictor.com bvictor ®benj ammvicton corn » 2 :� A. �}�� \�t , �� \�� \� \y: ~� \ \� \ \ � � \ \ _ � � ��� ,� ¥ K (�� \.\ `{� � £.^ ��� \. . 1 �. . : \� ƒ� 2© � 7 � / d §».9f� §Q �/j � 2 « .2 ���} � » z$� i / . a :�� � »= �:�\ � {yam /� \ ' � », : \»l.v2 :_� , �� \�� \� \y: /& % c& ,: ® <- � � ®`~ \ 2 ��� ���p ��2 », . z �� /I r, °� . � £.^ ��� \. � �. . ƒ� 2© � 7 � / d §».9f� »/\ \ y � %,D,�� « \ / \� y \�� +.ate �� ` � » z$� i / . a :�� . � . " I- e 0 IN MEMORIAM IN 2003' THE CITIZENS OF NEWPORT BEACH ADOPTED THE IST BATTALION, Itt MARINES, IST MARINE DIVISION. THE CITY DEDICATES THIS MEMORIAL IN HONOR OF THE MEN AND WOMEN OF 1/1 WHO PAID THE ULTIMATE PRICE IN DEFENDING AND PRESERVING OUR NATION • AND OUR FREEDOM. • • Guadalcanal • New Britain • Finschhafcn • Peleliu • Okina.w • Kobe • Inchon • Chosin Reservoir • Do Nang • Dong Ha • Hue • Can'lliien • Quang Tri • Phu Doi • Khe Snnh • Operation Descrl Shield • Operation Desert Stonn • Operation Enduring Freedom • Operation Iraqi Freedom 0 rl Benjamin Victor Studios Fine Art-- Sculpture 1200 S. Jay Street, Aberdeen, SO 57401 Phone (605)380 -4528 bvictor@benjaminvictor.com TO Jana Barbier City of Newport Beach, CA ITEMIZED QUOTE 111 DATE: JULY 7, 2007 EXPIRATION DATE: DEC 7TH 2008 JOB SHIPPING METHOD SHIPPING TERMS DELP/ERY DATE PAAYE� DUE DATE 1 Bronze A Life Size to 6'6" Tall Bronze Sculpture as 173 Up Front; Sculpture Sculpture Presented Drawing, including 9' Granite piece, $100,000.00 $100,000.00 113 on l' Battalion BY Studios Pricing Below g As Previously Finished Clay As Previously Included Shipped /Instalted Stated in RFP 113 on Stated in RFP 1 Trip Travel Artist Travel to install Sculpture and Participate Finished $100,000.00 Expenses in Dedication Ceremony Bronze 1 QTY ITEM DESCRIPTION UNIT PRICE TOTAL 1 Bronze A Life Size to 6'6" Tall Bronze Sculpture as Sculpture Sculpture Presented Drawing, including 9' Granite piece, $100,000.00 $100,000.00 granite base, plaque, and 4 benches 1 Shipment Shipping Shipping one Life Size to 6'6" Tall Sculpture as Included $100,000.00 Presented in Scale Maquette with full insurance 1 Trip Travel Artist Travel to install Sculpture and Participate Included $100,000.00 Expenses in Dedication Ceremony 1 Install of Rigging, Manpower, drilling and permanent Included $100,000.00 Installation Bronze install of Finished Sculpture SUBTOTAL 1 $100,000.00 SALES TAX NIA TOTAL $100,000.00 Quotation prepared by: This is a quotation on the goods named, subject to the conditions noted below: (Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.) To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESSI • y� rfr � } ,�i1 v ItIV • • • �a`_ -• /1 •'�,� l) �'1 R p� ,V f � �d%'Y� � [� _ J/ _ 1 f °tt•.,�`< *�,y+,. � � �)�e 1.f1 f�.� y �'l `� 1rZ� r R° i�S• ry+,..e�r �. .a t( ''iyYa\? 'r�L'�h1!r+,t''J ���,'� �7 `",'S5 t °w `y�T!r0.'j'. D ✓J ar T'i /-�� nC' / (/ �'✓ a i i$-_° o� 1"e ,ti ,4 X�1¢a�(�, �� ��I 1 6 rYf `+, ys" \ >q, �e '� T \1'��� ` -1 ° ✓,` "cs �`I t r� '1�° [��[��!// "►� 4P "♦r ��i',I d i ° - 4 /.r ":i �� ^��f S i-t �'`:' t• i.,r`/- '� /)�/ it W .: �� h a vi `` T rti ' r'` • / /!i /'� d J'i '.k \ a\ d eb'� � �6t f I A oll rte.✓ ade2_ 111t 16 T 7 t ,' � r*�`lK¢�f , 1`�1 �f3 /jt, � �:_ .7(✓ 41� �l �.a �y.%> ��i1a�T P y "v r��< • 1 � h, ! a� sly IV- Any j�3�n1 Q /k S Q 0 0 CITY OF NEWPORT BEACH 1/1 MEMORIAL COMMITTEE Hon. Keith D. Curry Chairman Bill Garrett Richard Kurth Gilbert Lasky, Esq. Gen. John Rhodes Steven B. Spriggs George Tepich • Y y i y} • 3300 Newport Boulevard • host Office Box 1768 • Newport Beach, California 92660 • (949) 644-3000