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