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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-097Temp. Reso. #12842 August 25, 2016 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016 - 97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PUBLIC ART PROPOSAL AND CONCEPT BY MALCOLM ROBERTSON, AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND TOWN ART STUDIOS ATTACHED HERETO AS EXHIBIT "2" AND INCORPORATED HEREIN, TO PROVIDE A WORK OF ART TO BE PLACED ON THE UNIVERSITY DRIVE OVERPASS BRIDGE, IN THE AMOUNT OF $104,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote public art within the City; and WHEREAS, the City is implementing a public art installation on the University Drive Overpass Bridge on University Drive; and WHEREAS, the City of Tamarac issued a National Call to Artists entitled "Tamarac Significant Sculpture" for an artist to create a permanent original sculpture on the Woodlands property , attached hereto as Exhibit 1" and incorporated herein, and WHEREAS, on March 15, 2016, the highest five (5) ranked entrants were invited to make presentations to the Public Art Committee to provide additional information and display a maquette of the proposed work; and WHEREAS, The Public Art Committee sitting as the selection committee determined that while Artist, Malcolm Robertson's proposed sculpture was unsuited for the Woodlands site, it would be more attractive and appropriate if placed instead on the University Drive Overpass Bridge on University Drive; and Temp. Reso. #12842 August 25, 2016 Page 2 WHEREAS, at the April 25, 2016 Workshop Meeting, The City Commission concurred with the Public Art Committee's recommendation and agreed that Malcolm Robertson's sculpture is more appropriate for the University Drive Overpass Bridge; and WHEREAS, in accordance with Section 5-305(b)(3) of the City of Tamarac Code of Ordinances, the Public Art Committee recommends that Malcolm Robertson be selected to fabricate, deliver and install the work of art to be mounted upon the exterior of the University Drive Overpass Bridge located on University Drive; and WHEREAS, the Public Art Committee and Malcolm Robertson have agreed upon a contract price of $104,000 for the project; and WHEREAS, the Director of Community Development and the Public Art Committee recommend that the appropriate City Officials execute an Agreement with Town Art Studios/Malcolm Robertson; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the public art concept and proposal by Malcolm Robertson, attached hereto as Exhibit "3" and incorporated herein, to be placed on the fagade of the University Drive Overpass Bridge located on University Drive for a contract price of $104,000; a copy of said Agreement is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #12842 August 25, 2016 Page 3 SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: It is hereby found and determined that the approval of the public art concept and proposal by Malcolm Robertson will be in the best interest of the City of Tamarac and the residents and businesses located within the described area. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Town Art Studios/Malcolm Robertson for a contract price of $104,000, a copy of said Agreement is attached hereto as Exhibit "2". SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Temp. Reso. #12842 August 25, 2016 Page 4 PASSED, ADOPTED AND APPROVED this /� day of 2016. —I I L" tm� - ARRYDRESSLER ATTEST: MAYOR PATRICIA TEUF MC CITY CLERK RECORD OF COMMISSION VOTE. - MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ " DIST 3: VICE MAYOR GLASSER ti DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ,BAMUEL S. GOREN CITY ATTORNEY TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 NAME: Tamarac Signature Sculpture LOCATION: Rock Island Road and Commercial Boulevard DUE DATE OF APPLICATION: Monday, November 2, 2015 PROJECT BUDGET: Budget of $200,000 ARTWORK DESCRIPTION, SCHEDULE AND BUDGET Public Art Project Description The City of Tamarac, Florida is seeking to commission an artist or artist team to create an artwork of significant size and quality to be located on the Woodlands Country Club property fronting on West Commercial Boulevard, just west of Rock Island Road, in Tamarac, Florida. The artwork should reflect the spirit of Tamarac and be impactful to pedestrians and passerby traffic both day and night at this high traffic roadway. Three artists will be selected as semi-finalists to develop and present design proposals. Each will receive a $1,500 stipend. The winning artist will be awarded a $200,000 contract and will be responsible for the creation and installation of the final work. The application deadline is Monday, November 2, 2015 and is open to all professional artists nationwide with experience working with public agencies and professional engineers. Qualities of Artwork This Request for Proposal is emphasizing the City of Tamarac's desire to commission artwork that represents its changing community and depicts the city's mission as `The City for Your Life'. Once known for its retirement community, Tamarac has now evolved into a City of families and youth. The artwork must be capable of "holding its own" as it will be Tamarac's Signature Sculpture that will help define the City. The artwork should be durable and require minimal ongoing maintenance. South Florida has a sub -tropical climate and is hot and humid with an intense sun and seasonal heavy rain. Problems with rust and fading should be avoided. The sculpture should be designed and constructed in accordance with the Florida Building Code. The artwork must be self-supporting on an open landscape or hardscape and be large in scale, with no less than 10 feet in height. The orientation of the sculpture can be horizontal or vertical in the 30 feet by 20 feet designated area and must maintain a minimum of 3 feet access on all sides. Description of Location The sculpture will be located at the Woodlands on West Commercial Boulevard. The Woodlands County Club property, developed in 1968, is a Golf Club Community designed after Palm Springs, California. It has more than 5,000 acres of land containing a housing community surrounded by fairways and beautifully wooded areas. {00095002.1 2704-0501640 } Page 1 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 RECORD SURVEY FOR. City ofTAU ww _ „LL .- COMMERCIAL BOULEV: asaw* t . ra.n� a 1K ■oaoufm miurm• rite waw ne mm gar a wr uc n "'* �"� GI�I. a,r+rhin YA®YRLY Sid RR � aVll� 1Gi rb iM'loww _..-. Ift - YYI� yf)h NJ[ INPbCIMI .�.,pp��.M�. � y1Yr `;-- + t. �. f.;- 9 wo .nd i i G yyy NN MNN 1dN � � ♦f1�i _ �Y �/W .W wy •Na wgsa aaua rr--s.y .fry fan ,an .Nn .n.n flN •HA '�M //////���� . EZ_ i1MIrN t SNCl1t� ' 7tiYfiS•.ffiaCi'AZ`ins: 1.9 THE WOODLANDS COUNTRY CLUB (P,6B 67, PC, J4, B.C.R.) PROPOSE _ SCum= ARBA — ,�., {o00950021 2704-0501640 } Page 2 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Eastward View of Site Artist Requirements Once Selected: • Transportation and off -truck loading of the artwork to the specific site in Tamarac; • Installation of the artwork; • One public lecture in Tamarac; • Design development and modifications with drawings and/or models sufficient to secure to approval of the Public Art Committee and the City Commission. • Construction documents signed by a Florida engineer • A minimum of three meetings with the Public Art Committee to discuss aspects of artwork: either via phone or in person. • Professional photos of the sculpture for publication and marketing. Highlights from the following will be required in the contract (see attached draft contract in substantial form as required if selected) : • Indemnify, and hold the City of Tamarac harmless from any and all claims and damages • Liability and other insurance. The City reserves the right to modify the draft contract provided with this RFP. {00095002. t 2704-0501640 } Page 3 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Anticipated Art Project Schedule • Artist Applications Due: Monday, November 2, 2015 • Shortlisting: December 2015 • Artist Selection: Tuesday, December 15, 2015 Notification: • City Commission Approval: January 2016 (Subject to Change) • Artwork Permitting/Installed: October 2016 • Dedication Ceremony: October 2016 Artwork Budget The budget for the project established is $200,000. The budget includes all cost, i.e. research, community and agency meeting cost, design, materials, permitting as needed, fabrication, installation, photography, insurance, proposals, travel, sales taxes, lighting, concrete pads, labor, structural engineering, and transportation. ARTIST ELIGIBILITY The project is open to all professional visual artists or artist team in the United States. Artists/artist teams should have experience implementing their ideas and work in the public realm with government agencies. Artist/Artist teams must be able to effectively work within the project timeline and collaborate with the Architects of Record, General Contractors, multiple Governmental Agencies, Community Groups, City Staff and the Public Art Committee whenever it is required. Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. Artists are NOT eligible who are immediate family or business partners of members of the Public Art Committee or program staff, or whose art work already exist in the City's public art inventory. Selection Process The Tamarac Public Art Committee manages the application process and will review the proposals. The committee includes arts professionals and community representatives, and City Staff. The committee will review the submissions and invite a short list of three (3) semi-finalists to be interviewed. Each semi- finalist will be awarded a $1,500 stipend for development of a proposal, travel and overnight accommodations, if necessary for presentation to the Public Art Committee. The Committee will award the final contract based on its evaluation of the artwork proposal, experience of artist and references. The committee reserves the right to withhold the commission award if it should not find a satisfactory artwork. All submitted complete applications will be reviewed. Applications not meeting the submission guidelines will not be considered. {00095002. t 2704-0501640 } Page 4 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Criteria for Selecting Proposals All artists must meet the guidelines of the program. 1. Artistic merit of concept. 2. Style and Appropriateness: Artwork should demonstrate that it is compatible in relationship to the landscape and Tamarac Community. 3. Technical Considerations and Feasibility: Including the artist's artistic history and experience in completing public art projects within the timeline and budget, as well as the sustainability of the project. 4. Safety and Maintenance: Artwork should be durable, meet the requirements of insurance policies and be resistant to theft and/or vandalism. Materials should require minimal periodic maintenance and be readily available if conservation or restoration is necessary. 5. Diversity: Reflects the overall project goal to strive for diversity in style, scale, media and artists working in traditional and contemporary art forms. Application Requirements All submissions must be done via CAFE at www.califorentry.org Shortlist/Second Selection Upon review of all the proposals submitted through CAFE, three semi-finalists artists will be selected to submit the following information. The final Artist will be selected from these requirements. Please submit the following: 1. Proposed concept 3D Digital Model or Maquette. Model must include a scaled plan of the proposed location, and a plan dimensioned elevation of the concept. Model must also include perspectives of the concept, information regarding materials, weights, colors and any other relevant details. 2. Site Plan. Plan must include perspective drawing between artwork and sidewalk or other public space, and show all design features to create a space with foreground and backdrop for artwork. Site plan shall also show pedestrian access to the artwork and hide light fixtures shining on artwork from public view. 3. Project Maintenance Instructions 4. An Itemized Project Budget. All items become the property of the City of Tamarac. Questions: All questions must be submitted to gadsonravitz@gmail.com AND maxine.calloway@tamarac.org no later than Monday, October 12, 2015. Website for City of Tamarac: http://www.tamarac.org/ f00095002. i 2704-0501640 } Page 5 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Tamarac Public Art Committee Tobey Archer, Chair Susan Buzzi, Vice Chair Rowena Smith Brian Zambrano Phil Prentice The Community: Tamarac, Florida Tamarac is a unique city that has been built through a strong and dedicated community spirit, good land use planning and prudent management of municipal resources. Since its incorporation in 1963, Tamarac has prospered and grown into a full service city. Tamarac is approximately 12 square miles located in central Broward County. The approximate population of the City is 60,000. The City of Tamarac constantly strives to meet the needs and improve the health, welfare and safety of its residents. Tamarac prides itself on being a government that is responsive to its residents and is "Committed to Excellence .... Always." 1000950021 2704-0501640 } Page 6 of 6 City of Tamarac Purchasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND TOWN ART STUDIOS THIS AGREEMENT is made and entered into this ay of 2016, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Town Art Studios with principal offices located at 4 Glentarkie Steading, Strathmiglo, Scotland KY14 7RU United Kingdom (the "Artist") to provide for the design and fabrication of artistic aluminum figures to be attached an existing FDOT Pedestrian Bridge Overpass #869005 located on University Drive in Tamarac, Florida. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, and Artists quotation titled "City of Tamarac — Overpass Bridge Artwork Proposal" dated May 17, 2016, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Artist shall perform the following Scope of Work under this Agreement as set forth below: 2.1.1 As used in this Agreement, unless the context otherwise requires: "Work" means the work of art consisting of the art work to be affixed to the Pedestrian Bridge Overpass #869005 located at on University Drive, Tamarac, Florida, as ultimately conceived, designed, fabricated, transported, delivered and installed by the Artist consistent with the final design proposal, project schedule and cost proposal approved and accepted by the City as required by this Agreement (collectively referred to as the "Design Proposal') to be attached to and made a part of this Agreement as Exhibit "A" as well as the specifications and engineering drawings provided by the Artist to the Owner after approval by the Owner of the final Design Proposal (collectively referred to as the ("Engineering Drawings.") to be attached to and made a part of this Agreement as Exhibit "B". Except as set forth below, the Work includes all physical components of the 1 City of Tamarac Purchasing & Contracts Division complete Work including but not limited to mounting brackets or devices, and other miscellaneous components necessary to complete the fabrication and installation of the Work as initially proposed. 2.1.2 The Artist and/or its authorized agents and representatives shall perform all services and furnish all supplies, material and equipment as necessary for the design and fabrication of the Work by the Artist and its transportation and delivery to and installation at the Site consistent with the Design Proposal and Engineering Drawings as approved by the Owner, including but not limited to payment for insurance, supplies, materials, small tools, equipment. Except as otherwise stated in this Agreement, the Artist shall, either directly or through qualified sub -contractors to be hired by the Artist, undertake the transportation and delivery of the Work to the Site and installation of the Work at the Site. 2.1.3 The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work as set forth in the Design Proposal and Engineering Drawings subject to review and written acceptance by the Owner on a timely basis as set forth in this Agreement. 2.1.4 Artist shall conduct research on methods of attachments to the existing rail of a Pedestrian Bridge Overpass located on University Drive, Tamarac, Florida. Design for attachment shall conform to requirements as will be set forth by guidelines established by the Florida Department of Transportation (FDOT). 2.1.5 Artist's Design shall include/incorporate a minimum of twenty- four (24) figures of varying sizes to accommodate the full span of the bridge on the northbound lane, and the same for the southbound lane. The figures would be full body, approximately 6 feet to 9 feet high, utilizing diverse colors of powder coated aluminum. The same colors shall be used on both sides of the bridge overpass, but those colors shall be placed on different figures, so that the figures would not appear to be an exact duplicate of figures attached to the opposite side. 2.1.6 The Artist shall at the Artist's sole expense obtain all licenses and approvals required with respect to the fabrication and its obligations for installation of the finished Work at the Site, including the written approval from the City of Tamarac certifying the structural compliance of the Work with applicable, legally 2 City of Tamarac Purchasing & Contracts Division mandated building codes that may be required. 2.1.7 The City shall provide the Artist with copies of all pertinent information relating to all such applicable city laws, ordinances, statutes, codes, regulations, and/or requirements referenced in this Agreement on a timely basis. 2.1.8 It is understood and agreed that immediately upon execution of this Agreement, the City shall appoint in writing an individual to serve as the City's authorized representative for purposes of administering this Agreement, and that the City's authorized representative shall be the primary contact for such purposes. It is expressly agreed that the Artist also may discuss the Work or its requirements with various departments of the City but any approvals required under this Agreement must be obtained in writing from the City or its authorized representative. Email constitutes writing for such purposes. 2.1.9 Artist shall appoint an authorized representative for administering the Agreement on behalf of the Artist and shall be the City's primary contact for obtaining any and all necessary approvals from the Artist. All approvals required must be authorized in writing by the Artist or its authorized representative. Email constitutes writing for such purposes. 2.1.10 Address of Artwork: The Artwork will be affixed to an FDOT Pedestrian Overpass #869005 located over University Drive in the City of Tamarac. 2.1.11 Design: Left side image oncoming Highway — Flowers - "We are Tamarac" sign only (x 2). Right side image above Highway - 22 Figure group (x 2). Artwork cost to cover: design development, consultation, professional fees, labor, materials, fabrication and painting. Installation and fixings contingency to be dependent on engineering required. 2.2 Preparation of Engineering Drawings and Commencement of Work 2.2.1 Upon execution of this Agreement and issuance of a written Notice to Proceed by City, which shall be issued upon approval and acceptance of the final Design Proposal by the City, of Tamarac ".TMVHM�� Purchasing & Contracts Division consistent with the requirements of this Agreement, and upon the Artist's receipt of the first installment payment from the City in accordance with this Agreement, the Artist shall commence preparation of the Engineering Drawings, complete final planning, cad drawings and permitting. The Artist shall avoid specifying in the Design Proposal and in the Engineering Drawings any materials or finishes known to be hazardous or potentially hazardous. 2.2.2 Upon submission of Engineering Drawings, City shall provide drawings and Community Appearance Feature Agreement (CAFA) to the Florida Department of Transportation (FDOT) for final approval. Artist shall be responsible for coordination of any changed or alterations as may be required by FDOT once drawings and CAFA have been submitted for FDOT's review and approval. Drawings, designs, construction methodologies (for final attachment to the pedestrian overpass bridge) and the final materials to be used for the figures must be approved by FDOT. NO work shall be initiated until such approval has been granted by FDOT. 2.3 Fabrication 2.3.1 Upon approval of Engineering Drawings, CAFA and other plans by the City and FDOT, The City or its authorized representative shall issue a written Notice to Proceed to begin the fabrication process. At this point, Artist shall be responsible to procure all necessary supplies and materials necessary for the fabrication of the Work. The City shall have reasonable access to review the Artist's Work in progress at the Artist's place of business, or the Artist's staging area for work, at mutually convenient dates and times to be scheduled in advance taking into account the Artist's schedule and commitments and the City's schedule and commitments. 2.3.2 The Artist shall complete the design, fabrication, transportation and installation of the Work in conformity with the Design Proposal and Engineering Drawings approved by the City and FDOT, which are attached hereto and made a part of this Agreement as Exhibits "A" and "B", respectively. 2.3.3 Any material changes proposed by the Artist in the scope, design, color, size, material or texture of the Work as depicted in the Design Proposal and the Engineering Drawings shall be presented to the City for approval in writing prior to implementation. A change shall be deemed "material" if it alters the form, fit or function of the Work, or modifies its dimensions by more than ten percent (10%). Any such change shall be evidenced by the execution of a written City of TamaracVAMIRIMEN Purchasing & Contracts Division amendment or change order to this Agreement signed by both parties. 2.3.4 Once the Work has been fabricated, the Artist shall submit a report to the City, accompanied by photographs, slides, or other acceptable documentation substantiating that the fabrication of the Work has been completed in accordance with the Design Proposal and Engineering Drawings. The report shall include plans for installation and a description of all activities requiring coordination with the City and City's Engineer, as well as FDOT and FDOT Engineers. 2.4 Delivery and Installation 2.4.1 The Artist is responsible for the delivery and installation of the Work. 2.4.2 The Work shall not be delivered to or installed at the Site until the Artist has received written approval from the City and Commission or its authorized representative that the Work has been completed according to the approved Design Proposal and Engineering Drawings. 2.4.3 The Artist shall make arrangements for access to the Site for delivery and installation of the Work with the City or its authorized representative and the City's Engineer, as well as FDOT and FDOT Engineers. 2.4.4 Following delivery of the Work, the Artist shall install the Work at the Site consistent with the Engineering Drawings and shall approve and submit all required documentation and information to the City on a timely basis. The Artist shall be responsible for all expenses, labor and equipment incurred in connection with delivery of the Work and for Site preparation and installation of the Work. 2.4.5 The Artist shall exercise commercially reasonable efforts to limit construction operations to the Site unless otherwise approved by the City or its authorized representative. The Artist shall not perform operations of any nature on, over or across premises owned or leased by third parties, including FDOT, except such operations as are specifically authorized in plans or specifications or as authorized by the City or its authorized representative. 2.4.6 The Artist and the City shall take all steps necessary to protect adjoining property and nearby buildings, roads and public streets or roads from dust, dirt, rubbish or other nuisance arising out of their respective operations at the Site or its storage practices during Site work and delivery and installation of the Work at the Site. City of Tamarac Purchasing & Contracts Division Additionally, Artist shall utilize commercially acceptable methods to maintain the artwork and the work site during installation in a safe and secure manner, in order to protect against injury and vandalism. In the event of a predicted storm event, Artist shall take all necessary precautions to remove any loose materials at the job site within a period of twenty-four (24) hours prior to any such predicted storm event. 2.4.7 The Artist shall insure that the Site is clean, free of dust, construction debris, and trash during installation, and at other times when directed by the City. At all times while finish work is being accomplished, the Artist shall insure that the Site is clean, free of dust, construction debris and trash. Directly upon completion of the Work, the Artist shall remove from the Site all of their respective equipment and any waste materials not previously disposed of, leaving the Site clean and ready for the City's final inspection. 2.4.8 Delivery and installation of the Work shall be in conformance with all applicable federal, state, county, and municipal laws, including any applicable health, safety, and fire regulations. 2.5 Post -Installation 2.5.1 Except as set forth below, the risk of destruction or damage to the Work or any part thereof shall be borne by the Artist until written acceptance of the Work. Accordingly, except as set forth herein, the Artist shall at its sole cost and expense, rebuild, repair and restore damage to any portion of the Work until written acceptance of the Work by the City. Notwithstanding the foregoing, after delivery of the Work to the Site and during installation and until final acceptance of the Work by the City as installed, under no circumstances shall the Artist be responsible for the cost of repair for any damage caused by job -site contractors or subcontractors hired by the City or otherwise not under the Artist's contractual control or supervision or in the event of vandalism or natural disasters resulting in damage to the Work or at the Site. 2.5.2 Upon installation of the Work, the Artist shall provide and submit all information on the Work as may be requested by the City for its files, including but not limited to technical and maintenance information and "As Built" drawings, photographs, plans, all required warranties as may be applicable, for use in maintaining and repairing the Work, information regarding copyright of the Work by the Artist, updated biographical information, and a statement regarding the Work. City of Tamarac Purchasing & Contracts Division 2.6 Artist's Representations to the City 2.6.1 The Artist represents and warrants to the City that the fabrication and installation of the Work will be performed in a workmanlike manner and that the Work will be free of defects in workmanship or materials consistent with the final Design Proposal, Engineering Drawings and plans approved by the City and that the Artist will, at the Artist's own expense, remedy any defects due to faulty workmanship or materials that arise within a period of three years from the Completion Date and the date the Work is finally accepted by the City or five days after the Completion Date, whichever shall first occur. Any and all such repair shall be completed by the Artist in a proper, workmanlike manner consistent with the Technical and Maintenance Record and the "As -Built Drawings" which shall be delivered to the City prior to final completion of the project. 2.6.2 Warranties provided to the Artist by the sub -contractors, if any, shall be for at least one year from the date of final acceptance by the City. All warranties related to the Work performed by sub- contractors under this Agreement are hereby incorporated by reference and are considered to define the extent and limitations of warranties extended by the Artist to the City. 2.6.3 The Artist represents and warrants to the City that the Work will not require maintenance substantially in excess of that described in the maintenance recommendations set forth in the "As -Built Drawings" provided by the Artist to the Owner pursuant to this Agreement. 2.6.4 The Artist represents and warrants to the City that the Work will not contain sharp points or edges which may pose a danger to the public and the Artist agrees to cooperate in making or permitting adjustments to the Work if necessary to eliminate any sharp points or edges which become apparent within one year of the date the Work is finally accepted by the City. 2.6.5 The Artist represents and warrants to the City that the Work is solely the result of the artistic efforts of the Artist and that it will be installed free and clear of any liens, claims or other encumbrances of any type from any source whatsoever. 2.6.6 The personal skill, judgment and creativity of the Artist are essential elements of this Agreement. Therefore, although the parties recognize that the Artist may employ qualified personnel to work under the Artist's supervision, the Artist shall not assign, transfer or subcontract the creative and artistic portions of the Work to a of Tamarac Purchasing & Contracts Division person other than the Artist without the prior written consent of the City's authorized representative. 2.6.7 The Artist represents and warrants to the City that the Work will be a unique placement and the sculptures in the Work do not infringe upon any copyright. The Artist will not execute or authorize another to execute a duplicate Work consisting of a sculpture of the exact same design and dimensions as the Work for placement anywhere in the State of Florida. In view of the intention that the final Work shall be unique and shall constitute the artistic expression of the Artist, the Artist shall not make any additional exact duplicate three- dimensional reproductions of the final Work, with the exception of any model(s) used in the process of developing the approved artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City. However, nothing shall prevent the Artist from making two dimensional reproductions of the Work for any purpose or from creating future artworks in the Artist's manner and style of artistic expression for any purpose. For the purposes of this warranty, if the dimensions of another artwork exceed 75% of the dimensions of the commissioned Work, the other artwork shall be deemed to be of the same dimensions as the commissioned Work. This warranty shall continue in effect for a period consisting of the life of the Artist plus 50 years and shall be binding on the Artist's heirs and assigns. 2.6.8 The Artist agrees that the Artist or other's acting on behalf of the Artist will not make reference to or reproduce the Work, or any portion thereof, in a way which reflects discredit on the Owner or the Work. 2.7 City's Responsibilities 2.7.1 Upon request by the Artist, the City shall furnish the Artist, at no cost to the Artist, the following information or services, provided however that the City does not guarantee the accuracy of information provided and assumes no liability therefore: One (1) copy of all available data pertinent to the Work, and information relative to code requirements, policies, standards, criteria, and studies relating to the Work. However, the Artist shall be responsible for searching the records and requesting the information required. 2.7.2 The City shall promptly examine all materials and information submitted by the Artist to the City for approval and acceptance and shall take all actions and render all decisions promptly to avoid 0 City of Tamarac Purchasing & Contracts Division unreasonable delay in the progress and acceptance of the Design Proposal, Engineering Drawings and the Artist's Work, The City shall keep the Artist advised concerning the progress of the City's review of any and all materials and information submitted by the Artist to the City and of the Work. Response by the City to the Artist's written request for decisions shall be made as soon as possible but in any event within the timeframes mandated by this Agreement. Additionally, the City will make every effort to assist the Artist in regard to project approvals required by FDOT. 2.7.3 The City shall pay the Artist on a timely basis in accordance with the Local Government Prompt Payment Act, Section 218.70, Fla. Stat, et. seq, and the terms and conditions of this Agreement and shall not modify, repair or use the Work or the Artist's name in any manner that reflects discredit on the Work or on the name of the Artist or on the reputation of the Artist. 2.7.4 In view of the parties' intention that the Work shall constitute the artistic expression of the Artist and that all right, title and interest in and to any and all intellectual property associated with the Work shall not make and shall not permit any third party to make, any additional, exact duplicate two or three-dimensional reproductions of the final Work, including but not limited to any sculptures, drawings, paintings, photographs or other images except with the written permission of the Artist. Notwithstanding the foregoing, the City may make and use two-dimensional reproductions of the Work with proper attribution to the Artist and the Artist for non-commercial publicity purposes to promote the Work as set forth herein. 2.8 Repair and Restoration Except as otherwise set forth in this Agreement, maintenance of the Work after installation of the Work at the Site and the City's written acceptance of the Work shall be the responsibility of the City. The City shall maintain the Work and/or make minor or emergency repairs without the Artist's approval or consultation, provided such work is performed in accordance with recognized principles of conservation as determined by the Artist. It will be policy of the City to consult with the Artist regarding repairs and restoration which are undertaken during the Artist's lifetime when that is practicable only when such work does not comply with the maintenance guidelines provided by the Artist. To facilitate consultation, the Artist will notify the City of any change in the Artist's permanent address. If the Artist is unable or unwilling to perform any necessary repairs or restoration, the City will cause to have such work performed at the City's own expense in accordance with the Artist's the specifications for maintenance and repair contained in the Technical and Mechanical 9 City of Tamarac Purchasing & Contracts Division Record and in the "As -Built Drawings" to be provided by Artist to City prior to final completion of the project. It is expressly acknowledged and agreed by the parties that due to the materials used in the fabrication of the Work, its size, weight, mass and location, a failure by the City to maintain and/or repair the Work in accordance with the maintenance and repair specifications provided to the City by the Artist in the "As Built" Drawings and Technical and Maintenance Record may result in a loss of structural integrity that may pose a hazard to public health and safety over time. 2.9 Removal or Restoration Notwithstanding any provision of law, the parties agree that removal, destruction or relocation of the Work may occur. While it is the City's intent to permanently retain and publicly display the Work it has acquired through the Public Art program, circumstances may arise that would make it prudent for the City to remove the Work from public display. The Artist hereby acknowledges that the Work when installed, will be incorporated within and made a part of the Site in such a way that removing the Work from the Site, or destruction or modification of "Site" may cause the destruction, distortion or mutilation, of the Work. The Artist hereby acknowledges that the Work, when installed, will be the property of the City. The Artist therefore agrees that the City shall have absolute right incidental to its ownership of the Site and the Work to remove, relocate, replace, transport, transfer, sell, or store the Work, (such actions being referred to herein as "Removal"), or to destroy, (such actions being referred to herein as "Destructions"), the Work at such times as the City shall deem necessary in order to exercise its powers and responsibilities with respect to the Site. The City shall notify the Artist in writing no less than 90 days in advance of such removal. In the event of any damage whatsoever to the Work, the Artist reserves the right to withdraw attribution of the Work to the Artist. 2.10 Public Hazard In the event that the Owner determines that the Work presents an imminent hazard to the public, the City may authorize the removal of the Work without approval of the Artist. The Artist shall be notified within thirty (30) days of such action, and the City shall then consider options for the final disposition, repair, reinstallation, maintenance or deaccession of the Work. In the event of any damage whatsoever to the Work or deaccession of the Work, the Artist reserves the right to withdraw attribution of the Work to the Artist. 10 -.i.. -1 T Purchasing & Contracts Division 2.11 Traffic Control and Working Hours 2.11.1 The Artist shall be responsible for maintaining all traffic controls during the entire period of the project. All traffic controls shall conform to the Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest edition and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work shall be avoided during peak traffic hours. Working hours are set between 8 AM to 4 PM. Any deviation shall be approved in advance by City as well as FDOT.. 2.11.2 The Artist shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 2.11.3 Road closure will not be permitted without written approval of the Engineer/Project Manager. 2.11.4 Pricing provided by Artist under this Agreement shall include all costs relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to barricades, signage, traffic markings, arrow boards, etc. Alternatively, the Artist may provide a lump sum cost to cover all aspects of required Maintenance of Traffic. 3) Intellectual Property Rights and Ownership 3.1 Unless otherwise expressly agreed to in writing by the City, ownership of all art acquired through expending funds in the public art fund shall be vested in the City, which shall obtain title to each work of art. Additionally, all Engineering Drawings, photographs, shop drawings, plans, materials and specifications shall become the property of the City upon completion of the project, and shall be delivered to City prior to completion of the Agreement. Artist shall provide a waiver of rights. Title to the Work shall pass to the City upon written notice to the Artist of final acceptance of the Work after installation at the Site. 3.2 It is expressly understood and agreed that the Artist retains: (1) all right, title and interest in all intellectual property associated with the Work, including but not limited to all rights to the design of the Work, all rights to all copyrights with respect to the Work under the Copyright Act of 1976, 17 U.S.C. & 101, et seq., as amended by the Visual Artists Rights Act of 1990, and any successor act, and all moral rights; and (3) all rights expressly granted in this Agreement. 11 of Tamarac Purchasing & Contracts Division 3.3 The Artist hereby grants the City the sole and exclusive right to display the Work, and two-dimensional reproductions of the Work, and upon the prior consent of the Artist, which consent shall not be unreasonably withheld, to loan the Work and such reproductions to others with authority to display it publicly with proper attribution to the Artist. Except for those rights retained as provided herein, the Artist agrees that the Artist shall not undertake any public display of the Work in a three dimensional form. 3.4 With the Artist's prior, written consent, the Artist hereby authorizes the City to make, and to authorize the making of, photographs and other two- dimensional reproductions of the Work for educational, public relations, arts promotional, non-commercial purposes. For the purposes of this Agreement, the following are among those deemed to be reproductions for non-commercial purposes: brochures and pamphlets pertaining to the City; reproduction in exhibition catalogues, books, slides, photographs and in news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational nature; electronic media and television from stations operated for educational purposes. On any and all such reproductions, the City shall place a copyright notice in the form and manner required to protect the copyright in the Work under the United States copyright law, the Berne Convention and any and all copyright international conventions as may be enacted and/or amended from time to time. 3.5 All references to the Work and all reproductions of the Work shall credit the Work to the Artist unless the Artist makes a specific written request to not include the Artist as part of the credit. 3.6 The Artist agrees that all formal references to the Work and noncommercial reproductions of the Work under the Artist's control shall include the following credit line: "A Public Art Commissioned for the City of Tamarac, Florida." 3.7 The Artist also shall be available at such time or times as may be agreed between the City and the Artist to attend inauguration or presentation ceremonies relating to the final installation of the Work and the transfer of title to the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined between the City and the Artist as soon as practicable following installation. 3.8 The Artist may, as part of this Agreement, be requested by the City with reasonable advance notice to discuss the Work with the general public and/or press/media representatives in special meetings scheduled for this purpose. Scheduling of all such requests shall take into account the Artist's schedules and commitments and may occur as agreed by the 12 City of Tamarac Purchasing & Contracts Division parties in writing. The Artist shall be entitled to be reimbursed by the City for travel and expenses for such events in accordance with the City's standard travel policies and procedures. 4) Contract Sum The City agrees to pay Artist a fixed sum not to exceed One Hundred Thousand Four dollars and no cents ($104,000.00) for work completed under this Agreement which shall include Artwork cost consisting of design development, consultation, professional fees, labor, materials, fabrication and painting not to exceed Eighty -Four Thousand Dollars and no cents ($84,000.00); and Installation and fixings contingency (depended on engineering outcomes) not to exceed Twenty Thousand Dollars and no cents ($20,000.00). 5) Payments Payment shall be paid in the following installments, expressed as percentages of the fixed price, each installment to represent full and final payment for all services and material provided to payment thereof. 5.1 15% ($15,600.00) upon Notice to Proceed by the Administrative Agent and the Artist's submission to the City of any executed contracts with subcontractor, proof of subcontractors performance and payment bond as may be applicable to this project, and all other insurance as required herein to cover detailed CAD work, design development in consultation with FDOT and Artist's engineer to prepare a fully detailed submission to FDOT. 5.2 5% ($5,200.00) of the final commission fee upon the date on which the Artist notifies the City that the Work has been approved by FDOT and a Community Appearance Feature Agreement has been executed between the City and FDOT. 5.3 30% ($31,200.00) of the final commission fee upon the date on which the Artist notifies the City that the Work is 30% complete. The Artist shall provide photographs to verify completion. 5.4 40% ($41,600.00) of the final commission fee upon the date on which the Artist notifies the City that the Work is 75% complete. The Artist shall provide photographs to verify completion. 5.5 10% ($10,400.00) of the final commission within 30 days of final acceptance of the Work by the City's Project Manager and submission of the Documentation Worksheet, Warranty of Title, and receipt of all additional documentation as required under "Post Installation Requirements, Section 2.5.2 of this Agreement, to the City's Project Manager, as well as the authorized agent of FDOT. 13 City of Tamarac Purchasing & Contracts Division 5.6 The City reserves the right to review and inspect all work incorporated into the project, and shall only pay for work approved by the City. This provision shall be subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Artist is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Artist shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Artist's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Artist, which policies of Artist shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Artist's funds provided for herein. The Artist agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Artist and the City and the City will not be liable for any obligation incurred by Artist, including but not limited to unpaid minimum wages and/or overtime premiums. Artist's Insurance. 7) Insurance and Indemnification 7.1 Artist's Insurance Prior to commencement of any work pursuant to this Agreement, Artist shall obtain at Artist's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Artist shall maintain such insurance in full force and effect during the life of this Agreement. Artist shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Artist shall indemnify and save the City harmless from any damage resulting to it for failure of either Artist or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Artist agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate 14 City of Tamarac Purchasing & Contracts Division Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability If the Artist has no employees as defined by Florida Statutes and Regulations, and the Artist submits a letter so stating, this requirement may be waived in writing by the City; however, Artist shall be responsible for obtaining a waiver for Worker's compensation coverage from the State of Florida Division of Workers' Compensation. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Artist nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Artist will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Artist's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Artist's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Artist shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Artist purchase a bond to cover the full amount of the deductible or self -insured retention. If the Artist is to provide professional services under this Agreement, the Artist must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 7.2. Indemnification 15 City of Tamarac Purchasing & Contracts Division 7.2.1 The Artist shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Artist or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 7.2.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.2.3 The Artist shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.2.4 The City and Artist recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Artist and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Artist. Furthermore, the City and Artist understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Artist's responsibility to indemnify. i. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Artist under the indemnification agreement. ii. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 16 City of Tamarac Purchasing & Contracts Division 8) Non -Discrimination & Equal Opportunity The Artist is an equal opportunity employer and shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability. The Artist will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Artist shall agree to post in conspicuous places, available to employees and applicants for employment, appropriate legal notices as required by law. The City is an equal opportunity employer and shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability. The City will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City shall agree to post in conspicuous places, available to employees and applicants for employment, appropriate legal notices as required by law. 9) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 17 City of Tamarac Fort Lauderdale, FL 33308 ARTIST Mr. Malcolm Robertson Town Art Studios 4 Glentarkie Steading Strathmiglo SCOTLAND KY14 7RU United Kingdom I nfo(cD-M alcolm Robertson. com ++44 (0) 133-786-0545 ++44 (0) 771-205-1133 10) Termination & Contracts Division 10.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Artist for such termination in which event the Artist shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Artist abandons this Agreement or causes it to be terminated, Artist shall indemnify the city against loss pertaining to this termination. 10.2 Default by Artist: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Artist neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Artist of written notice of such neglect or failure. 10.3 Failure to Obtain FDOT Approval: The City reserves the right to terminate this Agreement without penalty in the event the design, fabrication or construction and installation of this artistic work fails to receive the approval from the Florida Department of Transportation, who is the owner of the pedestrian overpass bridge. 11) Public Records 11.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1.1 Keep and maintain public records required by the City in order to perform the service; 11.1.2 Upon request from the City's custodian of public records, IN City of Tamarac Purchasing & Contracts Division provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 11.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 11.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Artist shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Artist keeps and maintains public records upon completion of the contract, the Artist shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 11.2 During the term of the contract, the Artist shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Artist agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 12) PUBLIC RECORDS CUSTODIAN IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT IS THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 19 ty54) bw-35D5 CITYCLERK@TAMARAC.ORG 13) Uncontrollable Forces 13.1 Neither the City nor Artist shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be. excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. i(v caf 4trr �atr c � Purctrsshi ontr acts ivision _.................._...__._..............._....._.........._.._............___.........._._......_....._........_...._....._._._.........._.._........................._........._...............__.......__....._.._._........._........._...............__............-...._._._........_..... _....._......_.. validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger; Amendment This Agreement constitutes the entire Agreement between the Artist and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Artist and the City. 19) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank 21 City of Tamarac _ Purchasing & Contracts C i>>isioe IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and ARTIST, duly authorized to execute same. CITYVTjj4J4A ATTEST Har Dresst Mayor Patricia A. Teufel, CIVIC .4ate- City Clerk / ichael C. Cernech City Manager Date: \\, a F T,q � '�i� Cp ' ESTABLISHED 1963 `✓ ' SEAL :• _` r�lri��klt'Ay:e ATTEST 11� -- I - / 51;-t /'(�00' Date: Approved as to form and legal sufficiency ramuel . Goren, City Attorney Date k4u, TOWN ART STUDIOS � Malcolm �CD3ERTSd� Partner Signature of Artist Date zx 3 Design Exhibit "3". Public Art Committee's Recommended Design dpand Barren above oncoming highway 22figure group above highway heading North 22 fgiwe group above highway heading South sign and Rowers shove oncoming highway LLLi sign and Rowers above oncoming highway 22 figure group above highway heading North OPTION l INe Are Tamarac' Overpass Artwork a sign and flowers on left # 22 figures on right ( VIEW ABOVE IS LOOKING NORTH groupings reversed accordingly on other We of bridge for vehicles travelling SOUTH) Rwiud compt Drawings AU NIS11Srh 2016 oMdW1MR0bWtwnxam 2o16 Alternate 1 5 figure group above oncoming highway 22 figure group above highway heading North 22 figure group above highway heading South 5 figure 5 figure group above oncoming highway 22 figure group above highway heading North OPTION 2 'We Are Tamarac' Overpass Artwork e 5 figures and with sign and flowers on loft• 22 figures on right 1 VIEWABOVE IS LOOKING NORTH groupings reveresed accordingly on other side of bridge for vehicles travelling SOUTH i Revised Concept Drawings AUGUST ISth 2016 OalalcoimRobertson cem 2016 Alternate 2 6 figure group above oncoming highway 22figuregroup above highway heading North 22 fieure erouo above 6Rguregroup above oncoming ntgnway 22agure group above nignwayneaaingNorm OPTION 3 'We Are Tamarac' Overpass Artwork • 6 smaller figures and sign on left • 22 figures and sign on right ( VIEW ABOVE IS LOOKING NORTH groupings revensed accordingly on other side of bridge for vehicles travelling SOUTH) navisad Concept Drawings AUGUST 151h 2016 0111alcoimRo6artson.com 2016