HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-047Temp. Reso. #12609
May 27, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015 - 147
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE PUBLIC ART PROPOSAL AND CONCEPT BY
ALBERT PALEY, AND EXECUTION OF AN
AGREEMENT TO PROVIDE A WORK OF ART TO
BE PLACED ON FIRE STATION 78, IN THE
AMOUNT OF $100,000; 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 newly
constructed Fire Station 78; and
WHEREAS, the City of Tamarac issued a National Call to Artists for an
artist to create a permanent original sculpture, on file in the office of the City Clerk
as Exhibit "1" (attached hereto, incorporated herein, and made a specific part
thereof); and
WHEREAS, on April 21, 2014 the Public Art Committee reviewed and
evaluated approximately 46 of the total 157 responses to the National Call to
Artists for the Fire Station 78 project; and
WHEREAS, on June 9, 2014, the highest five (5) ranked entrants were
invited to make presentations to the selection 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 sculptor, Albert Paley best met the needs and requirements of the
City; and
Temp. Reso. #12609
May 27, 2015
Page 2
WHEREAS, in accordance with Section 5-305(b)(3) of the City of Tamarac
Code of Ordinances, the Public Art Committee recommends that Albert Paley be
selected to fabricate, deliver and install the work of art, to be installed upon the
fagade of Fire Station 78; and
WHEREAS, the Public Art Committee and Albert Paley have agreed upon
a contract price of $100,000 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 Albert Paley; 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 Albert Paley to be placed on the
fagade of Fire Station 78 for a contract price of $100,000; 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:
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.
Temp. Reso. #12609
May 27, 2015
Page 3
SECTION 2: It is hereby found and determined that the approval of the
public art concept and proposal by Albert Paley 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 Albert Paley for a contract price of $100,000, 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. #12609
May 27, 2015
Page 4
PASSED, ADOPTED AND APPROVED this Id day of 2015.
ATTEST:
PATRICIA TE E , CIVIC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA EL S. bORKN
CITY ATTORNEY
HARRY DRESSLER,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ G
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
1
EXHIBIT "I
City of Tamarac Fire Station 78
CALL TO PUBLIC ARTISTS
Issued by the Public Art Program of the City of Tamarac, Florida
Applications Due: April 3, 2014, 11:59:00 PM MST
Summary and Notice for Posting on Websites
The City of Tamarac, Florida, seeks an artist or team to create an artwork on the facade and/or
atop the new Fire Station 78 located west of Fort Lauderdale and adjacent to the Florida
Turnpike. The artwork will reflect the spirit of the Tamarac fire service and succeed artistically at
both day and night next to an 8-lane wide intersection. Based on recent work and experience,
up to 5 artists will be selected and paid $1,500 to develop and present a design proposal in May.
The winning artist will be awarded a $100,000 contract and must be available to work with the
architects in June and July. Applications are due on April 3, 2014 and open to all professional
artists in North America with experience working with public agencies and architects. More
information at http://gw180.wix.com/tamarac. Apply through callforentry.org.
Artwork Scope:
The City of Tamarac, Florida, seeks an artist or artist team to create an artwork on the facade
and/or atop the new Fire Station 78 located west of Fort Lauderdale and adjacent to the Florida
Turnpike. The artwork will reflect the spirit of the Tamarac fire service and succeed artistically at
both day and night next to an 8-lane wide intersection. The City anticipates that the facade will
be around 22 feet tall, 50-100 feet long and made of concrete, not concrete block. The address
is 4801 West Commercial Boulevard, Tamarac, FL 33319.
The site presents unique opportunities and challenges. Ten of thousands of vehicles enter and
exit the Florida Turnpike daily and many sit for minutes in front of the station waiting for the
traffic lights. Very few pedestrians use the sidewalks or approach the Fire Station on foot.
Therefore the new public artwork must succeed at visual distances of 50 to 300 feet.
The top of facade appears as a priority due to required street trees and the clear view the sky
caused by the low apartments behind the site. At night, site and sky is extremely dark creating a
surprising opportunity for an illuminated artwork. A space of approximately 12 feet will likely be
available between the top of the facade and the maximum zoning height of 35 feet.
The facade faces south-southwest in the full sun most of the day. An opportunity exists for 3-D
forms or facade textures with dark shadows. Any artwork must be able to resist the sun's
ultraviolet light.
A hose tower is a traditional element of a fire station that is no longer required to dry hoses. For
its symbolic value, the possibility of an attached tower as the public art project is welcome.
Overall, artwork must be durable for the humid Florida climate, UV light resistant and low
EXHIBIT "1"
maintenance. The scope of work includes a certification by a Florida engineer as hurricane
resistant as per the South Florida Building Code.
Tamarac Fire Department and the Public Art Project
The Public Art Committee in consultation with the Tamarac Fire Department wishes that the
artwork help identify the new fire station as a fire station both day and night. Fire Station 78 will
have 24 hour staffing with 8 firefighters per shift. The garage doors and vehicles will face the
side street and not be visible from Commercial Blvd.
The artwork should respond to or reflect the mission and history of firefighters and paramedics.
The Tamarac Fire Chief ( who has positive experience with public art ) suggested a few
important symbols of the fire service in general: Maltese cross, tolling of the bells, helmets,
dalmatians, St. Florian, and brass playpipes. Other historic images include house sirens, riding
the tailboard, brass firehouse poles and a hose tower.
The Maltese Cross has many interpretations, but frequently is sighted to represent the principles
of charity, loyalty, gallantry, generosity to friend and foe, dexterity of service, and protection of
the weak. The Tolling of the Bells began during the age of the telegraph. When a firefighter is
honored after falling in the line of duty, a bell is used to sound five measured dashes - then a
pause - then five measured dashes - then a pause - then five more measured dashes. St.
Florian is the patron saint of firefighters. He was an ancient Roman officer that organized fire
brigades.
Fire Station 78 exists today as one of three stations with a total service of 102 firefighters. The
replacement fire station will continue to serve eastern Tamarac and parts of the Florida
Turnpike. A new element of the replacement station will be a small triage area to assist the
occasional injured person that is driven to the station by friends or family.
Design -Build Contracting and Artist Coordination
The new fire station will be developed through a Design -Build contracting system. The
competing contractors will submit pricing and simple schematic designs in April 2014. The
specifications for all the bidders require that the Commercial Blvd facade be reserved for the
public art project and that no roof elements or lighting be visible from the street. The schematic
design will be available to the selected artists developing proposals. The final winning artist will
work with the City and the Design -Build contractor to finalize the schematic integration of the
artwork with the building in June and July before the City signs a final contract with the Design -
Build contractor.
Art Project Budget:
The total artist fee established for the Tamarac Fire Station 78 Call to Public Artists is $100,000.
The budget includes all costs: i.e. research, community and agency meeting costs, design
drawings and/or maquette, engineering, permit documents, fabrication, shipping, installation,
materials, photography, travel and sales tax.
2
EXHIBIT "1"
Artist Eligibility:
The Tamarac Fire Station 78 Call to Public Artists is open to all North American professional
artists, designers and teams with experience creating public art projects with public agencies.
The artist must be able to effectively work within the project timeline and collaborate with
Design -Build contractor, multiple governmental agencies, community groups, City staff,
fabricators and the Public Art Committee.
Anticipated Art Project Schedule: (Calendar)
Deadline for Submittals*:11:59 PM MST, Thursday, April 3, 2014 (uploaded to callforentry.org )
Shortlisting for Design Proposals: April 15, 2014
Notification: By April 18, 2014
Design Proposals Due: May 22, 2014
Interviews if Required: June 3, 2014
Notice of Award: June 17, 2014
Design Negotiations with Architect and City: June & July, 2014
Installation of Artwork: Late 2015 or early 2016.
*Incomplete project submissions will not be reviewed.
**The committee reserves the right to not recommend an award of the commission if the
submissions are deemed unsatisfactory.
Artist Services and Contract:
The following services will be required of the artist:
• Integration of artwork proposals with design -build contractor designs and specifications in
June & July, 2014
• Design development and modifications with drawings and/or models sufficient to secure to
approval of the Public Art Committee and the City Commission.
• Coordination of artist's construction documents with design -build contractor construction
and permit documents
• Construction documents signed by a Florida engineer
• Fabrication and delivery of artwork***
• Installation of artwork***
• Completion of the project on time and within the budget
• Timely coordination and communication with City of Tamarac staff
• Community Interaction — Lecture
*** The City recognizes that part or all of the artwork may be integrated into the building such
that the design -build contractor provides these services to the artist.
Highlights from the following will be required in the contract:
• Hold the City of Tamarac Harmless
• Liability and other insurance.
• Must register copyright with US Government
EXHIBIT "1"
Selection Process:
The Tamarac Public Art Committee manages the application process and will recommend the
selected artist to the City Commission, with the assistance of arts professionals and City staff.
All submitted complete applications will be reviewed. Three to five artists will be awarded a
$1,500 fee for develop an artwork proposal and present it 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.
Application Process:
All application must be made through the CaFE online application system on Westaf.com. The
application is FREE. No Charge. www.califorentry.org
After log -in, click on "Apply to Calls" and find "Fire Station 78".
Deadline: 11:59 PM, MST, Thursday, April 3, 2014
1. Artist Statement: A maximum 2000 character text should state your interest in the project,
team members and highlights of relevant past experience. Paste into text box at CaFE
application.
2. Resume(s): Uploaded in pdf format of the artist, designer or team
3. Image Files: Submit up to 15 images of relevant and recent past work.
Optional Image Information: If you feel that the automatic information provided by CaFE is not
sufficient, you may upload additional text about your past projects.
Questions:
Questions about Project (Email only) No phone calls please.
Contact: Glenn Weiss
Email: publicart@tamarac.org or tmarac@glennweiss.com
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 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."
V
EXHIBIT "2"
City of Tamarac, Florida
SCULPTURAL INSTALLATION AT
FIRE STATION 78
TAMARAC, FLORIDA
WORK DESIGN, FABRICATION, & INSTALLATION
THIS AGREEMENT is made this, /� day of June, 2015 by and between the City of
Tamarac, Florida a municipal corporation of the State of Florida with a business
address of 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter referred to as
"Owner"); and Paley Studios Ltd., a New York corporation with its principal place of
business located at 1677 Lyell Avenue, Suite A, Rochester, NY 14606, (hereinafter
called "Artist"). Owner and Artist may hereinafter collectively referred to as "Parties" or
individually referred to as "Party."
WITNESSETH:
WHEREAS, the City of Tamarac is implementing a public art installation on its
Fire Station 78; and
WHEREAS, the Artist is a New York corporation owned and operated by Albert
Paley, an internationally known sculptor; and
WHEREAS, the Artist has been selected to fabricate, deliver and install works of
art for the benefit of the Owner, hereinafter referred to as the "Work", such Work to be
installed upon the selected location on Fire Station 78, 4801 West Commercial
Boulevard, Tamarac, FL 33319, hereinafter referred to as the "Site; and
WHEREAS, both parties wish to promote and maintain the integrity and clarity of the
Artist's ideas and statements as represented by the Work; and
WHEREAS, the Owner is authorized and empowered to execute contracts for
works of art and other enhancements to adorn the Site; and
WHEREAS, the Owner desires to enter into an Agreement with the Artist to
complete the Work at the Site and the Artist is willing and able to provide such services
and such Work under the Agreement;
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants and considerations herein contained, and subject to the terms and conditions
hereinafter stated, it is agreed by and between the Owner and the Artist as follows:
(00060509.17 2704-0501640 )
EXHIBIT "2"
SECTION I -- SERVICES OF THE ARTIST
A. General
1. As used in this Agreement, unless the context otherwise requires:
"Work" means the work of art consisting of the sculpture to be affixed to a
wall (the "Wall") to be constructed by the Owner at the Site (as defined in
the recitals above) and as ultimately conceived, designed, fabricated,
transported, delivered and installed by the Artist consistent with the final
design proposal, project schedule and cost estimate approved and
accepted by the Owner 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 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.
It is expressly understood and agreed that the Owner is responsible for
construction of the Wall at the Site to which the Work is to be affixed at its
own cost and expense consistent with the final Design Proposal and
Engineering Drawings provided by the Artist and accepted by the Owner
pursuant to this Agreement and for Site preparation related to such Wall
construction. The cost for construction of the Wall and related Site
preparation and for additional earthwork or foundations that may be
required to support the Work and to achieve any increase in overall height
of the Work above and beyond that initially proposed by the Artist shall be
the sole responsibility of the Owner.
2. Except as otherwise set forth in this Agreement in Section I A-1
above regarding the Owner's responsibilities for installation of the Wall
and related Site work, 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
below in Section I A-3, 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.
Artist shall further be responsible for payment of any sales, use or income
taxes accruing to Artist associated with Artist's services rendered under
this Agreement.
(00060509.17 2704-0501640) 2
EXHIBIT "2"
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.
4. Except as stated otherwise in this Agreement regarding the
Owner's obligation for construction of the Wall and other work at the Site
relating to any increase in height of the Work, the Artist shall be
responsible for designing, fabricating, constructing, delivering and
installing the Work in accordance with the final Design Proposal and
Engineering Drawings accepted by the Owner and in compliance with all
applicable city, county, state and/or federal laws, ordinances, statutes,
codes, regulations, and/or requirements that affect construction or
installation of the Work at the Site, including any legal requirements for
scaffolding, as more particularly described in INSTALLMENT 2 under
Section 3.A.
5. With the exception of the construction of the Wall to which the Work
is to be affixed and costs associated in any increase in height of the Work
above that specified initially by the Artist that are the Owner's
responsibility under this Agreement as stated in Section I A-1 above, 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 mandated building codes that may be required.
6. The Owner 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 Section I A- 4 on a
timely basis.
7. It is understood and agreed that immediately upon execution of this
Agreement, the Owner shall appoint in writing an individual to serve as the
Owner's authorized representative for purposes of administering this
Agreement, and that the Owner'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 Owner but any approvals required under this Agreement must be
obtained in writing from the Owner or its authorized representative. Email
constitutes a writing for such purposes.
8. Jennifer Laemlein, Director, shall be the authorized representative
for administering the Agreement on behalf of the Artist and shall be the
Owner's primary contact for obtaining any and all necessary approvals
(00060509.17 2704-0501640) 3
EXHIBIT "2"
from the Artist. Maxine Calloway, Owner's Director of Community
Development, shall be the authorized representative on behalf of Owner
and shall be Artist's primary contact for obtaining any and all necessary
communication under this Agreement. All approvals required must be
authorized in writing by the Artist or its authorized representative. Email
constitutes a writing for such purposes.
B. Acceptance of Final Design Proposal
1. A true and correct copy of the Artist's Design Proposal is attached
to and made a part of this Agreement as Exhibit A. The Owner shall
have thirty (30) business days after the execution of this Agreement by the
Artist to execute this Agreement and to review, approve and accept the
final Design Proposal attached as Exhibit A. It is expressly understood
and agreed that the Artist is under no obligation to commence work on any
aspect of the Work until the Owner has executed this Agreement,
approved and accepted the final Design Proposal in writing and has paid
to the Artist the first installment payment in the amount of $30,000.00 as
set forth in Section III below. The final Design Proposal approved by the
Owner shall be attached to and shall become a part of this Agreement as
Exhibit A.
2. Notwithstanding anything to the contrary in this Agreement, in the
event of any delay beyond the thirty (30) business day timeframe specified
for the Owner's execution of this Agreement and written approval of the
final Design Proposal, the Artist's obligations to commence work on the
Work, to prepare the Engineering Drawings, to begin purchasing materials
as well as the project schedule set forth in the Design Proposal shall be
likewise delayed and adjusted accordingly.
3. Once the Owner executes this Agreement and approves and
accepts the Design Proposal in writing, this Agreement and the Design
Proposal may not be changed, modified or amended without the prior
written consent of both the Artist and the Owner. The parties'
acknowledge and agree that any changes in the Design Proposal after
acceptance by the Owner will adversely affect the schedule for completion
of the Work and any material changes may affect price.
4. Upon execution of this Agreement and written acceptance by the
Owner of the Design Proposal attached as Exhibit A and payment to the
Artist of the first installment payment as set forth in Section III below, the
Artist shall commence work on the Work, including preparation of the
Engineering Drawings.
(00060509.17 2704-0501640 ) 4
EXHIBIT "2"
C. Preparation of Engineering Drawings and Commencement of Work
1. Upon execution of this Agreement and written approval and
acceptance of the final Design Proposal by the Owner on a timely basis
consistent with the requirements of Section I B-1 above and upon the
Artist's receipt of the first installment payment required in the amount of
$30,000.00 from the Owner in accordance Section III below, the Artist
shall commence preparation of the Engineering Drawings.
2. Upon delivery to and written approval by the Owner's contractor,
West Architecture + Design LLC, located at 318 South Dixie Highway,
Suite 4-5, Lake Worth, Florida 33460 (Peter Ganci: PGancia-west-
arch.com) (the "Owner's Contractor") of the Engineering Drawings, the
second installment payment in the amount of $30,000.00 shall be due and
payable to the Artist by the Owner in accordance with Section III below.
The Owner shall have a commercially reasonable period of time for its
contractor, to review and communicate to the Artist any necessary
revisions to the Engineering Drawings. Artist shall have a commercially
reasonable period of time to address such revisions. The Parties shall
continue to exchange the Engineering Drawings until the comments and
revisions of both Parties have been addressed and final Engineering
Drawings are produced. Following Artist's delivery of final Engineering
Drawings, Owner will accept the Engineering Drawings withinthirty (30)
business days from receipt of final Engineering Drawings. Upon such
acceptance by the City, the final Engineering Drawings shall be attached
to and made a part of this Agreement as Exhibit B.
3. Upon the Artist's receipt of the second installment payment
required in the amount of $30,000.00 in accordance with Section III below,
the Artist shall commence purchasing materials and fabricating the Work
in accordance with the requirements of the Design Proposal.
4. 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.
D. Fabrication
1. The Owner or its authorized representative shall have reasonable access
to review the Artist's Work in progress at the Artist's place of business at
mutually convenient dates and times to be scheduled in advance taking
into account the Artist's schedule and commitments and the Owner's
schedule and commitments. The Artist shall submit to the Owner written
progress reports on a monthly basis, no later than the 5th day of each
month during the term of this Agreement in a form customarily used by the
{00060509.17 2704-0501640 } 5
EXHIBIT "2"
Artist for such purpose and acceptable to the Owner.
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 Owner and attached to and made
a part of this Agreement as Exhibits A and B, respectively.
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 Owner 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%).
4. Once the Work has been fabricated, the Artist shall submit a report to the
Owner, 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 Owner and Owner's
Contractor.
5. The third installment payment in the amount of $20,000.00 is due and
payable as set forth in Section III below upon completion of fabrication and
written notice to the Owner by the Artist that the Work is ready for
shipment. The Work will be shipped by the Artist to the Site upon the
Artist's receipt of written approval of the completed Work by the Owner.
E. Delivery and Installation
Except as otherwise stated in this Agreement with respect to the Owner's
obligations for construction of the Wall and Site work set forth in Section I
A-1, the Artist is responsible for the delivery and installation of the Work.
2. The Work shall not be delivered to or installed at the Site until the all
required building permits necessary for installation of the Work have been
issued and written approval from the Owner or its authorized
representative that the Work has been completed according to the
approved Design Proposal and Engineering Drawings.
3. The Artist shall make arrangements for access to the Site for delivery and
installation of the Work with the Owner or its authorized representative
and the Owner's Contractor. The Artist shall provide the Owner with a
written list of the workers, vehicles and equipment involved in the
installation of the Work at least fifteen (15) days in advance of delivery and
installation so that security and unloading arrangements made.
{00060509.17 2704-0501640 1 6
EXHIBIT "2"
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 Owner 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 except as outlined in paragraph I A-1 above
regarding the Owner's obligations.
5. The Artist shall exercise commercially reasonable efforts to limit
construction operations to the Site unless otherwise approved by the
Owner or its authorized representative. The Artist shall not perform
operations of any nature on, over or across premises owned or leased by
third parties except such operations as are specifically authorized in plans
or specifications or as authorized by the Owner or its authorized
representative.
6. The Artist and the Owner shall each take commercially reasonable
precautions 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.
7. The Artist and the Owner's Contractor and subcontractors, as the case
may be, shall be responsible for cleaning up the Site related to the Work
each may have performed and at frequent intervals and at other times
when directed by the Owner. At all times while finish work is being
accomplished, the Artist and the Owner shall take commercially
reasonable precautions to keep the Site clean, free of dust, construction
debris and trash. Directly upon completion of the Work, the Artist and the
Owner, the Owner's Contractor and/or subcontractors 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 Owner's
final inspection.
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.
9. The fourth installment payment in the amount of $20,000.00 is all due and
payable by the Owner to the Artist upon installation of the Work by the
Artist and acceptance of the installed Work at the Site by the Owner. After
receipt by the Artist of written notice that the installation of the Work is
complete and the final building inspection of the Site provided by the
Building Department (the "Completion Date"), Owner will inspect the Work
for defects in workmanship or materials. Owner will notify Artist within a
reasonable period of time not to exceed ten (10) business days, of any
identified defects in the form of a "punch list" for Artist to take the
(00060509.17 2704-0501640 ) 7
EXHIBIT "2"
necessary corrective action. Upon completion of all punch -list items the
Owner will re -inspect the Work for to approve and accept the Work as
installed. In the event that the Owner fails to approve and accept the
Work, Owner shall communicate the reasons for such failed inspection
within ten (10) business days and afford Artist with adequate time to
correct such matters. Upon final acceptance by Owner the final payment
in the amount of $20,000.00 shall be all due and payable to the Artist.
The Owner shall obtain authorization as required by law from its governing
body as soon as practicable upon approval of this Agreement for its
authorized representative or another designated person to accept the
Work on behalf of the Owner upon certification of completion of installation
of the Work by the Artist on the Completion Date without the necessity of
further action by the Owner's governing body.
F. Post -Installation
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 or expiration of the timeframe from the Completion Date for the
Owner's acceptance of the Work as set forth in Section 1 E-9 above.
Accordingly, except as set forth below, 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 Owner. Notwithstanding the
foregoing, after delivery of the Work to the Site and during installation and
until final acceptance of the Work by the Owner 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
Owner or otherwise not under the Artist's contractual control.
2. Upon installation of the Work, the Artist shall provide information on the
Work as may be requested by the Owner for its files, including but not
limited to technical and maintenance information and "As Built" drawings
for use in maintaining and repairing the Work in the format provided in
attached Exhibits, information regarding copyright of the Work by the
Artist, updated biographical information, and a statement regarding the
Work.
3. It is expressly understood and agreed that the Artist shall retain all
intellectual property rights, copyrights and all moral rights with respect to
the Work, but that all ownership of, title and interest in and to the Work,
shall belong to the Owner. Artist hereby conveys and acknowledges
those rights and licenses afforded to Owner as to the rights to display,
show, and reproduce the Work in its promotional materials and as further
set forth herein below.
4. The Artist may, as part of this Agreement, be requested by the
(00060509.17 2704-0501640 ) 8
EXHIBIT "2"
Owner 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 Paley Studio Ltd.'s and Albert Paley's schedules and
commitments and may occur as agreed by the parties in writing. The
Artist shall be entitled to be reimbursed by the Owner for travel and
expenses for such events, upon the prior written approval by the Owner.
5. As presented in conjunction with the presentation of the award of the
proposal for this Agreement, this Agreement further contemplates and
incorporates Albert Paley's participation in and attendance at the
dedication ceremony of the Site and the Work, the scheduling of which will
be coordinated with Artist and Albert Paley. Albert Paley also shall be
available at such time or times as may be agreed between the Owner and
the Artist to attend dedication or presentation ceremonies relating to the
final installation of the Work and the transfer of title to the Work to the
Owner. The Owner 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 Owner and the Artist as soon as practicable
following installation.
SECTION II - PERIOD OF SERVICE
A. Design Proposal Schedule
Section I services to be completed by the Artist with respect to the Work
shall be completed in accordance with the schedule set forth in the final
Design Proposal and Engineering Drawings approved by the Owner and
attached to and made a part of this Agreement as Exhibits A and B,
respectively.
2. A reasonable extension of time to complete the Work in accordance
with the schedule established in the Design Proposal shall be negotiated
by the parties in the event that there is a material delay on the part of the
Owner or of the Artist in performing their respective obligations under this
Agreement or in the case of the Owner, in completing the underlying
capital project, or if conditions beyond the Owner's or the Artist's control or
Acts of God render timely performance impossible or unexpectedly
burdensome.
SECTION III - PAYMENTS TO THE ARTIST
A. Contract Amount
1. For its services described under Section I of this Agreement, the Owner
shall pay the Artist the sum of One Hundred Thousand Dollars and No
(00060509.17 2704-0501640 ) 9
EXHIBIT "2"
cents ($100,000.00) (the "Contract Amount"). Payment terms are net thirty
days. The Owner shall make payment to the Artist in accordance with the
Florida Prompt Payment Act as set forth in §§218.70-218.80, Florida
Statutes, in accordance with the following payment schedule.
2. Except as otherwise set forth in this Agreement in Section 1 A-1 regarding
the Owner's obligations to perform and pay all costs and expenses in
connection with certain work to be performed by the Owner and/or the
Owner's Contractor or subcontractors at the Site, all expenses incurred in
connection with the design, fabrication, delivery and installation of the
Work by the Artist shall be paid by the Artist and are included in the
Contract Amount stated in Section III -A above.
3. The Artist shall be responsible for all federal and state income taxes
payable with respect to the Contract Amount paid by the Owner for the
Work.
4. The Owner is exempt from payment of all sales and use taxes charged by
any state or local governmental authority in connection with the purchase
of the Work.
5. The Artist and the Owner agree that no charges or claim for damages
shall be made for any delays or hindrances during the progress of
completion of any portion of the services specified in this Agreement with
respect to the Work. Such delays or hindrances, if any, with respect to the
completion of any portion of the work required under this Agreement shall
be compensated for by an extension of time for such reasonable period as
may be mutually agreed between the parties.
6. The Contract Amount shall be paid by the Owner to the Artist in four (4)
installments as follows:
INSTALLMENT 1
Installment 1 in the amount of Thirty Thousand Dollars and No Cents
($30,000.00) is due and payable by the Owner to the Artist upon execution
of the Agreement by the Artist and the Owner and approval by the Owner
of the Design Proposal in the manner specified in Section I A-1 above.
2. The Artist shall not be obligated to commence any additional work with
respect to the Work until the first installment in the amount of $30,000.00
has been paid by the Owner. It is understood and agreed that the failure
by the Owner to make payment of any installment on a timely basis is a
breach of this Agreement.
{00060509.17 2704-0501640 } 10
EXHIBIT "2"
3. Upon execution of the Agreement by the Owner, approval of the Design
Proposal by the Owner and prior to payment of the first installment, the
Artist shall submit the following documents to the Owner's authorized
representative:
a. Certification of Insurance.
b. Completed W-9 Tax form.
INSTALLMENT 2
1. Installment 2 in the amount of Thirty Thousand Dollars and No Cents
($30,000.00) is due and payable by the Owner to the Artist upon
completion and delivery by the Artist to the Owner of the Engineering
Drawings.
2. Upon completion of the Engineering Drawings, the Artist will coordinate on
a timely basis with the Owner's Contractor to designate in writing the final
location of the Work on the Site, including placement of all structural
attachments. Artist shall coordinate with Owner's Contractor in providing
Owner's Building Department with all necessary documentation needed to
obtain required building permits as related to the Work. The Engineering
Drawings shall be updated to reflect this information and the updated
Engineering Drawings shall be attached to and made a part of this
Agreement as Exhibit B.
3. It is expressly understood and agreed that it shall be the responsibility of
the Owner's Contractor to certify that all work to be performed by the
Owner and/or the Owner's Contractor, including but not limited to the
sculptural connections to the Wall and the Fire Station, will comply with
the Florida Building Code.
4. Prior to payment of the second installment, the Artist shall submit the
following documents to the Owner's authorized representative:
a. A copy of all Engineering Drawings required for fabrication of
the Work;
b. A letter or certificate from a professional engineer licensed in
the State of Florida acceptable to the City of Tamarac
Building Department certifying that the Work as a sculptural
object will comply "as built" with the 2010 Florida Building
Code, Section 1620.2 — Broward County, Risk Category IV
Building and Structures: 180 mph (Table 1604.5 Risk
Category IV); and
C. Material samples with color application.
{00060509.17 2704-0501640 } 11
EXHIBIT "2"
INSTALLMENT 3
1. Installment 3 in the amount of Twenty Thousand Dollars and No Cents
($20,000.00) is due and payable by the Owner to the Artist upon the
Artist's completion of the fabrication of the Work and written notice to the
Owner that the Work is ready to ship.
2. Prior to payment by the Owner to the Artist of the third installment, the
Artist shall submit the following documents to the Owner's authorized
representative:
a. Photo documentation of the fabricated Work.
INSTALLMENT 4
1. Installment 4 in the amount of Twenty Thousand Dollars and No Cents
($20,000.00) is due and payable by the Owner to the Artist upon final
acceptance by the Owner of the installed Work at the Site or upon
expiration of the timeframe from the Completion Date for the Owner's
acceptance of the Work as set forth in Section 1 E-9 above, whichever
first occurs.
2. Prior to payment of the fourth installment by the Owner to the Artist, the
Artist shall submit the following documents to the Owner's authorized
representative with respect to the Work:
a. A certification of the completion and installation of the Work;
b. A Bill of Sale;
C. The Technical and Maintenance Record (to be attached as
Exhibit C);
d. Updated biographical material;
e. The Artist's Statement about the Work;
f. Proof of Application by the Artist for all copyrights;
g. "As -Built" drawings of the Work for use to repair the Work in
the future (to be attached as Exhibit D).
SECTION IV -- ARTIST'S REPRESENTATIONS AND WARRANTIES
A. The Artist represents and warrants to the Owner 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 and Engineering Drawings approved by the Owner 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 receives final approval from Owner's Building Department and is finally accepted
(00060509.17 2704-0501640 1 12
EXHIBIT "2"
by the Owner. 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" attached to and made a part of this Agreement as Exhibits C and
D, respectively.
B. Warranties provided to the Artist by the sub -contractors, if any, shall be for
no less than one year. All warranties related to the Work performed by sub -contractors
are attached to this Agreement and are hereby incorporated by reference and are
considered to define the extent and limitations of warranties extended by the Artist to
the Owner.
C. The Artist represents and warrants to the Owner that under normal
conditions, 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.
D. The Artist represents and warrants to the Owner 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 Owner.
E. The Artist represents and warrants to the Owner that the Work is solely
the result of the artistic efforts of Albert Paley and 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.
F. The personal skill, judgment and creativity of Albert Paley and 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 person other than Albert Paley without the prior written consent of the
Owner's authorized representative.
G. The Artist represents and warrants to the Owner 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 Albert Paley, Albert Paley and/or
the Artist shall not make any additional exact duplicate three-dimensional reproductions
of the final Work, with the exception of the model(s) used in the process of developing
the approved sculpture, nor shall Albert Paley or the Artist grant permission to others to
do so except with the written permission of the Owner. However, nothing shall prevent
the Artist from making two dimensional reproductions of the Work for any purpose or
from creating future artworks in Albert Paley'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
,00060509.17 2704-0501640 } 13
EXHIBIT "2"
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 Albert Paley plus 50 years and
shall be binding on Albert Paley's heirs and assigns.
H. The Artist agrees that Albert Paley 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.
SECTION V - OWNER'S RESPONSIBILITIES
A. Upon request by the Artist, the Owner shall furnish the Artist, at no cost to
the Artist, the following information or services, provided however that the Owner does
not guarantee the accuracy of information provided and assumes no liability therefore:
1. The Owner shall provide to the Artist at any time upon reasonable
notice one (1) copy of all available data pertinent to the Work, and information
relative to policies, standards, criteria, and studies relating to the Work.
However, the Artist shall be responsible for searching the records and requesting
the information required.
B. The Owner shall promptly examine all materials and information submitted
by the Artist to the Owner for approval and acceptance and shall take all actions and
render all decisions promptly to avoid unreasonable delay in the progress and
acceptance of the Design Proposal, Engineering Drawings and the Artist's Work. The
Owner shall keep the Artist advised concerning the progress of the Owner's review of
any and all materials and information submitted by the Artist to the Owner and of the
Work. Response by the Owner 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.
C. The Owner shall pay the Artist on a timely basis in accordance with the
terms and conditions of this Agreement and shall not modify, repair or use the Work or
the Artist's or Albert Paley's name in any manner that reflects discredit on the Work or
on the name of the Artist or of Albert Paley or on the reputation of the Artist or of Albert
Paley.
D. In view of the parties' intention that the Work shall constitute the artistic
expression of Albert Paley and that all intellectual property associated with the Work,
including but not limited to all rights to the design of the Work, all copyrights with respect
to the Work and all moral rights are owned and are retained by the Artist, and except as
expressly set forth in this Agreement in Section VII F below, the Owner is granted a
license to, but 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 Owner may make and use
two-dimensional reproductions of the Work with proper attribution to Albert Paley and
(00060509.17 2704-0501640 ) 14
EXHIBIT "2"
the Artist for non-commercial publicity purposes to promote the Tamarac Fire Station
and the City of Tamarac as set forth in Section VII F below.
SECTION VI — INSURANCE
A. Artist's Insurance.
Prior to commencement of any work pursuant to this Agreement, the Artist, and any
subcontractors of Artist, shall procure and maintain throughout this Agreement and until
title to the Work passes to the Owner:
1. Worker's compensation and employer's liability insurance with limits
of no less than $100,000 Bodily Injury by accident/$100,000 Bodily Injury by
Disease. If the Artist has no employees as defined by Florida Statutes and
Regulations, the Artist shall provide the Owner with a Workers' Compensation
exemption pursuant to Chapter 440, Florida Statutes.
2. General liability insurance, with limits of not less than $1,000,000
each occurrence, combined single limit bodily injury and property damage,
premises/operations, completed operations, contract liability and, if any
subcontracted work, independent contractors.
3. Automobile liability insurance, with limits of not less than statutory
requirements including coverages for owned, non -owned and hired vehicles, as
applicable.
4. Insurance policies required under the terms of this Agreement shall
be endorsed as follows:
a. In the general liability policy, the Owner shall be named as
additional insureds along with its officers, agents and employees.
b. In the general and automobile liability policies, provide that
the policies are primary insurance to any other insurance available to the
Owner as an additional insured, with respect to claims against the Artist
arising out of this Agreement, and that the insurance applies separately to
each insured against whom a claim is made or suit is brought.
C. In the general liability policy, provide 30 days written notice
of cancellation or non -renewal of coverages.
5. Certificates of insurance evidencing worker's compensation (if
required), general liability and endorsements set forth above shall be furnished to
the Owner upon execution of this Agreement. The certificates of insurance shall
name the Owner as an additional insured as provided in this Agreement. Upon
request, certified copies of all policies shall be furnished to the Owner. If any
(00060509.17 2704-0501640 } 15
EXHIBIT "2"
insurance policy is due to expire during the life of this Agreement, the Artist shall
provide a Certificate of Renewal evidencing the required insurance coverage to
the Owner not less than fifteen (15) calendar days prior to the expiration date.
6. Neither Artist nor any Subcontractor of the Artist shall commence
work under this Agreement 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 or endorsement.
7. 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.
8. All risk of destruction, or damage to, the Work or any part thereof
from any cause whatsoever shall be borne by the Artist until written final
acceptance of the Work has been made by the owner. Builder's Risk Insurance
or an Installation Floater in an appropriate amount to cover the replacement cost
for the construction of the work shall be obtained. Coverage shall be "all risk or
special risk" including vandalism, theft, and wind.
B. Owner's Insurance.
Prior to commencement of any work
provide the Artist with proof of Property
Employer's Liability Insurance and shal
passes to the Owner:
pursuant to this Agreement, the Owner shall
General Liability, Workers' Compensation and
I maintain this insurance until title to the Work
C. Certificates of insurance evidencing Owner's Coverage shall be furnished
to the Artist upon execution of this Agreement. If any insurance policy is due to expire
during the life of this Agreement, the Owner shall provide a Certificate of Renewal
evidencing the required insurance coverage to the Owner not less than fifteen (15)
calendar days prior to the expiration date.
SECTION VII -- GENERAL CONSIDERATIONS
A. Records
Owner is a public agency subject to Chapter 119, Florida Statutes. The Artist is a New
York corporation. The Artist shall cooperate with the Owner and shall provide to the
Owner upon request contractual and financial information in its possession regarding
the terms and conditions of this Agreement and the Work that may be reasonably
required for the Owner to comply with Florida's Public Records Law. Additionally, Artist
shall:
(1) Keep and maintain public records that ordinarily and necessarily
would be required by the Owner in order to perform under this Agreement;
{00060509.17 2704-0501640) 16
EXHIBIT "2"
(2) Provide the public with access to public records on the same terms
and conditions that Owner would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided
by law;
(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; and.
(4) Meet all requirements for retaining public records and transfer, at
no cost, to the public agency all public records in possession of Artist upon
termination of the Agreement and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Owner
in a format that is compatible with the information technology systems of
Owner.
B. Alteration in Character of Work
The goal of the parties is a Work which represents the creative talents of the Artist and
satisfies the specifications of the Owner. The parties recognize that they must consult
closely in order to accomplish these goals and that changes in the design may become
desirable as the Work is fabricated, under the Artist's personal supervision, in
conformity with the approved Design Proposal attached to and made a part of this
Agreement as Exhibit A. The Work shall not deviate from the approved Design
Proposal unless the change is approved in advance in writing by the Owner or an
authorized representative and by the Artist or its authorized representative.
C. Change Order
The Contract Price and/or Time may only be changed by a Change Order setting forth
the basis for the changed price or time period. A fully executed Change Order for any
extra work must exist before such extra work is begun. Any claim for an increase or
decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party promptly (but in no event later than 15 days) after
the occurrence of the event giving rise to the claim and stating the general nature of the
claim. The amount of the claim with supporting data shall be delivered (unless the City
allows an additional period of time to ascertain more accurate data in support of the
claim) and shall be accompanied by claimant's written statement that the amount
claimed covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be valid if
not submitted in accordance with this Paragraph.
D. Termination
The Owner and the Artist hereby agree to the full performance of the covenants
contained herein, except that Until such time as the Owner has been notified that the
fabrication of the Work is substantially complete and ready for shipment, the Owner
{00060509,17 2704-0501640 } 17
EXHIBIT "2"
reserves the right, at its discretion and without cause, to terminate or abandon the
services to be provided by the Artist to the Owner under this Agreement, or abandon
any portion of the project for which services have been performed by the Artist.
1. In the event the Owner shall terminate all or any part of the services
to be performed by the Artist and/or of the Work to be fabricated by the
Artist under this Agreement as permitted by this Section C, the Owner
shall notify the Artist in writing, and immediately after receipt of such
notice (the "Termination Date"), the Artist shall discontinue performing
work or services and fabricating the Work under this Agreement.
2. Upon such termination or abandonment, the Artist shall retain all
work and materials completed with respect to the Work as of the date to
termination by the Owner without offset.
3. The Artist shall determine the percentage of work completed as of
the Termination Date and shall submit its determination to the Owner for
evaluation. The Owner shall have the right to inspect the Artist's work to
verify the percentage of work completed.
4. The Artist shall receive a fee for the percentage of the Work
actually completed as compensation in full for services performed to the
date of such termination. This fee shall be at least equal to any project
related payments owed to the Artist and to the Artist's suppliers and
subcontractors for work, labor, services and/or materials supplied, and
shall be in an amount to be agreed upon mutually by the Artist and the
Owner. The Owner shall pay all such amounts owed to the Artist in
accordance with the Florida Prompt Payment Act, as set forth in
§§218.70-218.80, Florida Statutes, as may be amended from time to time.
5. The Artist may terminate this Agreement only if the Owner should
substantially fail to perform its responsibilities as provided herein,
including but not limited to its obligation to pay the Contract Amount and
each installment on a timely basis.
6. The death or incapacity of Albert Paley that renders him
permanently disabled at any time prior to substantial completion of
fabrication of the Work may, in permit the Owner, in its sole discretion, to
terminate this Agreement. In the event that the Owner elects to terminate
the Agreement as a result of the death or permanent disability of Albert
Paley prior to substantial completion of fabrication of the Work, neither the
Artist nor Albert Paley's estate shall have any further right to perform the
obligations under this Agreement absent the Owner's written consent. In
the event of such termination, the Owner shall pay to the Artist the full
Contract Amount not previously paid reduced by the amount of
commercially reasonable, additional costs, if any, which shall be incurred
(00060509.17 2704-0501640 1 18
EXHIBIT "2"
by the Owner by reason of such termination. The Owner shall provide
written documentation in a form acceptable to the Artist's certified public
accountants to document any such additional costs.
7. In the event that the Work is substantially complete at the time of
Albert Paley's death or permanent disability as stated above, there shall
be no termination of the Agreement and the Artist shall complete the Work
utilizing its skilled artisan staff and deliver and install the Work in
accordance with the approved Design Proposal and Engineering
Drawings.
E. Communications
Except as otherwise stated in this Agreement, all notices, requests, demands and other
communications which are required or permitted to be given under this agreement shall
be in writing and shall be deemed to have been duly given upon the delivery or receipt
thereof, as the case may be, if delivered by email with a received digital confirmation, or
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, or by air or courier services, or if delivered personally by messenger as follows:
If the Owner, to:
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL. 33321-2401
Email: michael.cernech@tamarac.org
With copies to:
Samuel S. Goren, City Attorney
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Email: saorenCa-cityatty.com
Maxine Calloway, Director, Community Development
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321-2401
Email: Maxine.Calloway@tamarac.org
2. If the Artist, to:
Jennifer Laemlein, Director
Paley Studios Ltd.,
1677 Lyell Avenue, Suite A
{00060509.17 2704-0501640 } 19
EXHIBIT "2"
Rochester, NY 14606
Email: jennifer@albertpaley.com
With a copy to:
Carol S. Maue, Esq.
Boylan Code LLP
145 Culver Road, Suite 100
Rochester, New York 14620
Email: cmaue@boylancode.com
F. Additional Work
Additional work not contemplated by the final Design Proposal and Engineering
Drawings, when authorized by the Owner or an authorized representative in
writing, shall be compensated for by a fee to be mutually agreed upon between
the Owner and the Artist.
G. Ownership and Reproduction Rights
All rights and title to and of ownership of the Work shall pass to the
Owner upon written notice to the Artist of final acceptance of the
Work after installation at the Site, or five (5) days after installation of
the Work at the Site, whichever first occurs.
2. The Artist retains: (1) 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.
3. The Artist hereby grants the Owner the sole and exclusive right to
display the Work, and two-dimensional reproductions of the Work,
and, 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 pursuant to Section VII F-2 above,
the Artist agrees that the Artist shall not undertake any public
display of the Work in a three dimensional form.
4. With the Artists prior, written consent, the Artist hereby authorizes
the Owner 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
{00060509.17 2704-0501640 } 20
EXHIBIT 112"
purposes: brochures and pamphlets pertaining to the Owner;
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
Owner 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.
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.
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.
7. Owner will not use or portray the Work in any manner which would
reflect discredit on the Artist's name or reputation (or that of Albert
Paley), and the spirit of the Work. The Artist's sole remedy for
breach of this provision is limited to the right to disclaim authorship
of the Work and to require that its name be removed from the Work.
H. 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 Owner's written acceptance of the Work shall
be the responsibility of the Owner. The Owner 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 Owner to consult with the Artist
regarding repairs and restoration which are undertaken during the Albert Paley's lifetime
or during the on -going existence of the Artist when that is practicable and only when
such work does not comply with the maintenance guidelines provided by the Artist. To
facilitate consultation, the Artist will notify the Owner of any change in the Artist's
permanent address. The Owner will cause to have such work performed at the Owner's
own expense in accordance with the Artist's specifications for maintenance and repair
contained in the Technical and Mechanical Record and in the As -Built Drawings
attached to this Agreement as required as a deliverable under Installment 4 and
pursuant to Exhibits C and D, respectively. It is expressly acknowledged and agreed
by the parties that due to the materials used in the fabrication of the Work, its size,
weight and mass, a failure by the Owner to maintain and/or repair the Work in
{00060509.17 2704-05W 640 } 21
EXHIBIT "2"
accordance with the maintenance and repair specifications provided to the Owner by
the Artist in the "As Built Drawings and Technical and Maintenance Record attached as
Exhibits may result in a loss of structural integrity that may pose a hazard to public
health and safety over time.
Removal or Relocation
Notwithstanding any provision of law, the parties agree that removal, destruction
or relocation of the Work may occur. While it is the Owner'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 Owner 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 the 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 Owner. The Artist therefore agrees that the
Owner 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, in whole or in part
(such actions being referred to herein as "Removal"), or to destroy, in whole or in part,
(such actions being referred to herein as "Destructions"), the Work at such times as the
Owner shall deem necessary in order to exercise its powers and responsibilities with
respect to the Site. The Owner shall notify the Artist in writing 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 and Albert Paley.
J. Public Hazard
In the event that the Owner determines that the Work presents an imminent hazard to
the public, the Owner 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 Owner
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 and Albert Paley.
K. Completeness and Accuracy of the Artist's Work
The Artist shall be responsible for the completeness and accuracy of the Artist's work,
prepared or completed under the Artist's obligation for work provided under this
Agreement.
L. Indemnification
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
(00060509.17 2704-0501640 ) 22
EXHIBIT "2"
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 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.
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.
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.
4. In the event that the services of the Artist are integrated into,
combined or otherwise coordinated with the services by third parties not
within the control of the Artist, the Artist shall not be responsible for such
third party services. If any part of the Artist's work depends for proper
execution or results upon the work of a third party, the Artist shall, prior to
proceeding with the work, report to the Owner any apparent discrepancies
or other defects in such other work that renders it unsuitable for proper
execution or results. The Artist shall not be responsible for any liability or
failure to fulfill the Artist's obligations due to such discrepancies or defects.
Failure of the Artist to report a discrepancy or defect shall constitute
acceptance of third party work as fit and proper except as to defects that
may subsequently become apparent in such third party work. Any costs
caused by defective or ill-timed work by others shall not be borne by the
Artist.
5. The City and Artist recognize that various provisions of this
Agreement, including but not limited to this Section, provide for
indemnification by the Contractor 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 Contractor. Furthermore, the City and
Contractor 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
Contractor's responsibility to indemnify.
(00060509.17 2704-0501640 ) 23
EXHIBIT "2"
6. 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 Contractor under the
indemnification agreement.
7. 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.
M. Successors and Assigns
The Owner and the Artist shall each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the
partners, successors, assigns, and legal representatives of such other party in respect
to all covenants of this Agreement. Neither the Owner nor the Artist shall assign, sublet,
or transfer any interest in this Agreement without the written consent of the other.
N. Covenant Against Contingent Fees
The Artist represents and warrants to the Owner that to the best of its knowledge, no
person has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for commission, percentage, brokerage, or contingent fee,
and that no member of the Owner or any employee of the Owner has any interest,
financially or otherwise, in the Artist's business.
The Owner represents and warrants to the Artist that to the best of its knowledge, no
person has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for commission, percentage, brokerage, or contingent fee,
and that no member of the Owner or any employee of the Owner has any interest,
financially or otherwise, in the Artist's business.
O. 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
(00060509.17 2704-0501640 ) 24
EXHIBIT "2"
to employees and applicants for employment, appropriate legal notices as required by
law.
The Owner 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 Owner 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 Owner shall agree to post in conspicuous places,
available to employees and applicants for employment, appropriate legal notices as
required by law.
P. Independent Existence
Albert Paley is the owner and operator of the corporation and its President. The parties
acknowledge and agree that this Agreement is not intended to and does not create a
joint venture or partnership or any business entity or combination of any kind between
the parties and that neither party has the right to contract on behalf of or to bind the
other party by virtue of having entered into and performing their respective obligations
under this Agreement. The parties further acknowledge and agree that this Agreement
is not intended to create and does not create an employee/employer relationship
between the Parties or between the Owner and Albert Paley or between any person
employed by the Artist in any capacity or between the Artist and any person employed
by the Owner in any capacity. It is the intent of the Parties that the Artist is an
independent contractor under this Agreement and not the Owner's employee for any
purposes. The Artist shall retain sole and absolute discretion in the judgment of the
manner and means of carrying out the Artist's activities and responsibilities. Each party
shall be solely responsible for payment of all wages (including overtime pay), mandatory
withholds and benefits to and/or on behalf of their respective employees and neither
party shall assume or be deemed to have assumed any responsibility whatsoever for
any wages or other compensation whatsoever that may be due or claimed to be due to
any employee of the other party, including but not limited to any obligation arising under
the Fair Labor Standards Act, 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. .
Q. Agreement Subject to Funding
This Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
{00060509.17 2704-0501640 } 25
EXHIBIT "2"
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
R. Force Maieure
If either party shall be delayed or prevented from the performance of any act required
under this Agreement by reason of acts of God or other cause beyond the control and
without fault of the party (financial inability excepted), performance of that act shall be
excused, but only for the period of the delay. The time for performance of the act shall
be extended for a period equivalent to the period of delay.
S. Immigration Reform and Control Act of 1986
The Artist understands and acknowledges the applicability of the Immigration Reform
and Control Act of 1986 to the Artist. The Artist agrees to comply with the Immigration
Reform and Control Act of 1986 in performing work under this Agreement and to permit
the Owner to verify such compliance. The Owner understands and acknowledges the
applicability of the Immigration Reform and Control Act of 1986 to the Artist. The Owner
agrees to comply with the Immigration Reform and Control Act of 1986 in performing
work under this Agreement and to permit the Artist to verify such compliance.
T. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
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.
U. Jurisdiction
It is mutually understood and agreed that this Agreement shall be construed and
enforced in accordance with the laws of the State of Florida. Any action at law, suit in
equity or judicial proceeding for the enforcement of this Agreement or any provision
thereof shall be instituted in any court of competent jurisdiction located in Broward
County, Florida.
{00060509.17 2704-0501640 1 26
EXHIBIT "2"
V. Merger; Amendment
This Agreement and all Exhibits together with all other contract documents executed
between the parties with respect to the Work (the "Contract Documents") constitute the
entire Agreement between the Artist and the Owner, and negotiations and oral
understandings between the parties are merged in the Contract Documents.. This
Agreement can be supplemented and/or amended only by a written document executed
by both the Artist and the Owner.
W. 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.
This Agreement shall be in full force and effect only when it has been approved
and executed by the Artist and the duly authorized Owner officials.
THE REMAINDER OF THIS PAGE
HAS INTENTIONALLY BEEN LEFT BLANK.
{00060509A 7 2704-0501640 } 27
EXHIBIT " 2"
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
/cl day of , 2015
CITY:
Vic.. b'�, CITY OF TAMARAC, FLORIDA
Z4 R� o
L1_. e
ATTEST: m t '�C
,�.
6
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PAT UFEL, CITY L RK
Ar-4 1 0 AA)
PPRQV`JED AS TTO�FO%�RM: l
lq
OFFVCE OF'THE CITY ATTORNEY
PALEY STU
BY:
JENNI
, DIRECTOR
STA-1'P- OF NEW YORK
COUNTY OF MO nt X v..-
ARTIST:
SS.:
On the day of m� i , in the year 2015, before me, the
undersigned, a Notary Public in and for said State, personally appeared Jennifer
Laemlein, Director of Paley Studios Ltd., residing at5Lj:n:4 e wvvr> personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her capacity and that by her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument.
My Commission Expires:
Registration No.:
(00060509.15 2704-MI640 )
28
�t tk L-
f Q p o-rt f J
Notary Public
SUSAN CICCONE
Notary Public, State of New York
Reg. No. 01 C16042383
Qualified In Monroe County ,l
My Commission Expires May 22nd, 201 �l
EXHIBIT 112"
EXHIBIT A — ARTIST'S FINAL DESIGN PROPOSAL AND SCHEDULE
SUBMITTED BY:
Artist
APPROVED:
Contract No.
Between The City of Tamarac, Florida
And Paley Studios Ltd.
Date
Authorized agent for The City of Tamarac Date
(00060509.15 2704-0501640 1 29
EXHIBIT "2"
EXHIBIT B — ENGINEERING DRAWINGS
Contract No. 0000
Between the Owner and Paley Studios Ltd.
[See Attached]
[00060509.15 2704-0501640} 30
EXHIBIT "2"
EXHIBIT C - FORMAT FOR TECHNICAL AND MAINTENANCE RECORD
Contract No. 00000
Between the Owner
And Paley Studios Ltd.
I. GENERAL INFORMATION:
Artist: Paley Studios Ltd./Albert Paley
Title of Work:
Location: Fire Station 78
General Description:
II. WORK INFORMATION
(in-depth information for overall project and for each individual element)
Medium and Description of Materials (include materials thickness, welding rod alloy or
joint material, casting alloy, wax body, glass or fiber type)
Special Methods Utilized in Execution of Work (welding or joint method, technique or
construction method - attach fabrication drawings)
Material Finish (glaze, paint color and type, sanding grit, tool pattern, patina, surface
sealer)
Installation Method(s) (foundation installation structure, bolt/pin size, grout)
Placement of Work (cautions regarding sunlight, heat, etc.)
III. VENDORS/PARTS/STORAGE (includes supplier's name, address and phone
number, description for all components of project, attach copies of manufacturer
specifications whenever possible)
(00060509.15 2704-0501640 ) 31
EXHIBIT "2"
EXHIBIT C- FORMAT FOR TECHNICAL AND MAINTENANCE RECORD (CONT.)
Contract No. 00000
Between the Owner
and Paley Studios Ltd.
IV. REGULAR MAINTENANCE SCHEDULE (include cleaning agents and
recommended cleaning procedure, yearly maintenance schedule for the entire piece
and recommended procedure to check any electrical or mechanical parts that are
integrated in this work)
V. SPECIAL CONSIDERATIONS AND/OR ADDITIONAL PERTINENT
INFORMATION
{00060509.15 2704-0501640} 32
EXHIBIT "2"
EXHIBIT C- AS- BUILT DRAWINGS FOR MAINTENANCE AND REPAIR OF THE
WORK
Contract No. 00000
Between the Owner
and Paley Studios Ltd.
[See Attached]
(00060509.15 2704-0501640) 33
EXHIBIT "2"
EXHIBIT D
"AS -BUILT" DRAWINGS OF THE WORK
FOR USE TO REPAIR THE WORK IN THE FUTURE
[See Attached]
{00060509.15 2704-0501640} 34
Palen Studios
1677 Lyell Avenue, Suite A ROCHESTER, NEW YORK 14606 (585) 232-5260 FAX (585) 232-5507
EXHIBIT A — ARTIST'S FINAL DESIGN PROPOSAL AND SCHEDULE
Contract No.
Between The City of Tamarac, Florida
And Paley Studios
July 1, 2015 - Contract signed and final design phase initiated. Insurance certificate is provided as
well as a W-9 form.
September 17, 2015 - Design is completed, complete drawings and specifications (signed and
sealed) are submitted. Fabrication begins.
January 16, 2015 - Model 1 is completed. Can be reviewed by owner at Paley Studios if desired.
March 1, 2015 - Model 2 is completed (If a second model is necessary. If not, fabrication will
commence at the conclusion of model 1). The model can be reviewed by owner at Paley Studios if
desired. Fabrication begins.
July 1, 2016 - Fabrication concludes
July 25, 2016 - Finishing concludes
July 26, 2016 — Shipping. Anticipated shipping time is 1 week.
August 1, 2016 - Installation. Anticipated installation time is 3-5 days on site.
Revised Friday, May 22, 2015 by Paley Studios
Palen Studios
1677 Lyell Avenue, Suite A ROCHESTER, NEW YORK 14606 (585) 232-5260 - FAX (585) 232-5507
EXHIBIT C - FORMAT FOR TECHNICAL AND MAINTENANCE RECORD
Contract No. 00000
Between the Owner
And Paley Studios
GENERAL INFORMATION:
Artist:Albert Paley
Title of Work: Vigilance
Location: Fire Station 78
General Description: A relief sculpture that would be bolted to a concrete wall that is part of the Firehouse
architecture. The sculpture would be composed of various symbolic elements related to this important
community institution: the Maltese Cross, the fire ax, pipes, ropes and ladders. The stylized folded banner
shapes reflect the dynamism of the firefighting profession and can also be viewed as one of celebration for
this incredibly valuable service afforded to the community. Loyalty, discipline, commitment and the tools
related to the fighting of fire would establish a visual presence, sense of place, as well as aide in defining a
visual profile to the community.
II. WORK INFORMATION
(in-depth information for overall project and for each individual element)
Medium and Description of Materials (include materials thickness, welding rod alloy or joint material, casting
alloy, wax body, glass or fiber type): Stainless Steel with a painted finish. Material thickness, paint finish,
joint materials and other details to be determined during the engineering process. At this time, without the
design phase or engineering process being completed, the estimated measurement for the sculpture is 14'
high and 40' in width. The sculpture will be fabricated of stainless steel with a total approximate weight of
4,200 lbs. The sculpture will be fabricated in three units. Each unit will have an integral attachment bracket
to attach to the top of the wall and to the surface of the wall facing the street.
Special Methods Utilized in Execution of Work (welding or joint method, technique or construction method -
attach fabrication drawings): Stainless Steel fabrication. Fabrication drawings, welding techniques, joint
methods and other details to be determined during the engineering process.
Material Finish (glaze, paint color and type, sanding grit, tool pattern, patina, surface sealer): Painted finish
applied with a powder coat process. Specific brand of paint will be decided based on the color chosen
during the final design phase and approval.
Installation Method(s) (foundation installation structure, bolt/pin size, grout): To be determined during the
engineering process.
Placement of Work (cautions regarding sunlight, heat, etc.): To be decided upon integration with the
architect of record.