HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-023Temporary Resolution No. 12311
March 13, 2013
Page 1
' CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE PUBLIC ART
PROPOSAL AND CONCEPT BY MARY ANN BAKER TO BE
PLACED AT CAPORELLA PARK; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is implementing a Public Art installation at
Caporella Park; and
WHEREAS, the City of Tamarac issued a National Call to Artists for an artist or
artist team to create railings for the fishing pier, fencing for the playground and
decorative panels for the pedestrian bridge at Caporella Park, incorporated herein by
reference and on file in the office of the City Clerk and attached hereto as "Exhibit 1"
and incorporated herein and made a specific part thereof; and
WHEREAS, on September 18, 2012 the Public Art Committee reviewed and
evaluated approximately twenty eight (28) responses to the National Call to Artists for
the project; and
WHEREAS, on December 11, 2012, the three highest 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 selection committee determined that sculptor, Mary Ann Baker
best met the needs and requirements of the City, the Artist has been selected to
fabricate, deliver and install works of art at the selected locations at Caporella; and
WHEREAS, the City of Tamarac and the Artist have entered into a contract for
Sculptural Installation at Caporella Park hereto attached as "Exhibit 2" and Exhibit "A";
and
Temporary Resolution No. 12311
March 13, 2013
Page 2
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 Mary Ann Baker to be placed at Caporella Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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 herein and attached hereto are hereby
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 Mary Ann Baker will be in the best interests of the City of
Tamarac and the residents and businesses located within the described area.
Section 3. The City Commission hereby approves the public art concept and
proposal by Mary Ann Baker to be placed at Caporella Park and authorizes appropriate
members of City staff to take any and all steps necessary to ensure the installation of
the art work.
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.
Temporary Resolution No. 12311
March 13, 2013
Page 3
Section 6. This Resolution shall become effective upon adoption.
PASSED, ADOPTED, and APPROVED THIS _ DAY OFA&-e- ''I , 2013.
ATTEST:
PATRICIA A-
INTERIM CITY CL
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
�1 , I IVA
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9901 N
Record of COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM BUSHNEL
DIST 2: COMM ATKINS-GRAD L4,e--2,-
DIST 3: COMM GLASSER�
DIST 4: VM DRESSLER
CALL TO ARTISTS
City of Tamarac
Tamarac, Florida
Caporella Park
DEADLINE: 5 P.M. EST, Friday, August 24, 2012 (received)
The Tamarac Public Art Committee is seeking to commission an artist or artist team to create
railings for a fishing pier with gate, fencing/enclosure for a playground and a pedestrian bridge at
Caporella Park located at 5200 Prospect Road, Tamarac, Florida.
Caporella Park features picnic tables, grills, benches, lake, fishing pier, walkway with pedestrian
bridge, covered playground, shelter and restrooms. The park is open 7:30 a.m. to dusk.
Caporella Park offers a medium sized shelter that accommodates up to 25 people. The park is
9.3 acres. The fishing pier is used by patrons of the park on a daily basis and by the community
at the annual Father's Day Fishing Tournament. For location, see map below.
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Artwork Scope:
The artwork is intended to replace the existing wood railings and chain link gate for the fishing
pier and enhance fencing for the playground. The railing is approximately 131 lineal feet in area
and 3' in height (see attached isometric view). The gate is approximately 6.5' x 6.5'. The
playground is currently enclosed by a chainlink fence (approximately 136 lineal feet) that is 6.5'
in height. Preference will be given to artwork that is or can be comprised of recycled materials
that complement the natural setting as well as other park amenities. The Public Art Committee
may be able to suggest recycled materials appropriate for the artist's design.
The pedestrian bridge (pictured below) is also an opportunity for public art and should be
included. The selected artist or artist team shall collaborate with the Public Art Committee.
Isometric View of Fishing Pie
Fishing Pier
2
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Art Project Budget:
The total budget established for the Tamarac Caporella Park project is $75,000. The budget
includes all costs: i.e. research, community and agency meeting costs, design, materials,
permitting as needed, fabrication, installation, photography, insurance, proposals, travel, sales
tax, and transportation. The design will become the property of the City of Tamarac.
Artist Eligibility:
The Tamarac Caporella Park Call to Artists is open to all professional artist and artist teams in
the United States. Artists should have experience in implementing projects and working in the
public arena with government agencies. Artist must be able to effectively work within the project
timeline and collaborate with the Architects of Records, General Contractors, multiple
Governmental Agencies, Community Groups, City Staff and the Public Art Committee whenever
it is required.
Anticipated Art Project Schedule: (Calendar)
Deadline for Submittals*: 5 P.M EST., Friday, August 24, 2012 (received)
Shortlisting: September 2012
Notification: By September 28, 2012
Interviews: October, 2012
Notice of Award": By October 31, 2012
Completion of Installation: October 1, 2012 (the fishing pier must be useable on Father's Day
2013).
*Incomplete project submissions will not be reviewed.
**The committee reserves the right to not award the commission if the submissions are deemed
unsatisfactory.
Artist Services:
The following activities will be required of the artist:
• Development of a concept and a design. Finalists will be required to submit a maquette or
similar expression of the proposal*.
• Design modification as needed, to seamlessly integrate the artist designed elements into
the site
• Fabrication, installation, and coordination with the project's team
• Completion of the project on time and within the budget
• Community Interaction — Lecture
* Finalists will be provided $500 for expenses
Application Process:
The Tamarac Public Art Committee manages the application process and will review
applications. The committee includes arts professionals and community representatives. The
committee panel will review the submissions and invite a short list of artists to be interviewed.
The committee reserves the right to withhold the commission award if it should not find a
satisfactory artwork.
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Application Requirements:
Deadline: 5:00 PM EST, Friday, August 24, 2012 (received)
The information and documentation below must be received on the date listed above.
• Letter of interest — The one page maximum letter should state interest in the project,
outline artist's approach to public art and highlight relevant past experience on projects of
similar budget and scope.
• Resume of the artist or artist team
Visuals — Artist must submit one (1) CD with a set of 10 digital images (JPEG 4R TIFF
formats ONLY) of most recent work. JPEG submittals are limited to a maximum of 300 MB.
All images must be saved using a file name and number that corresponds to the Annotated
Image List.
Annotated Image List — Name of Artist, title of work, media, size, location of artwork,
project budget, slide number and any other relevant information.
Send to:
Public Art Program
Attn: Jennifer K. Bramley, Director of Community Development
City of Tamarac
7525 NW 88 Avenue, Room 206
Tamarac, Florida 33321
Questions:
Contact:
Jennifer K. Bramley
Phone:
(954)597-3531
Fax:
(954)597-3540
Email:
jennifer�tamarac.org
Tamarac Public Art Committee
George Gadson, Chair
Tobey Archer, Vice Chair
Susan Buzzi
Rowena Smith
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 12 square miles
located in Central Broward County. The approximate population of the City is 59,400. 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."
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City of Tamarac, Florida
SCULPTURAL INSTALLATION AT
CAPORELLA PARK
TAMARAC, FLORIDA
WORK DESIGN, FABRICATION, & INSTALLATION
THIS CONTRACT FOR COMMISSION is made this. day of We , 2013
b and between the City of Tamarac, Florida (hereinafter referred to as
Y Y
"Owner"); and Mary Ann Baker P.O. Box 37 Mimbres, New Mexico 88049,
(hereinafter called "Artist").
WITNESSETH:
WHEREAS, the City of Tamarac is implementing a public art installation
at Caporella Park
WHEREAS, the Artist has been selected to fabricate, deliver and install
works of art, hereinafter referred to as the 'Work", such Work to be installed upon
the selected location at Cap orella Park hereinafter referred to as the "Site".
WHEREAS, both parties wish to reasonably promote and maintain the
integrity and clarity of the Artist's ideas and statements as represented by the
g Y Y
Work; and
WHEREAS,
the
Owner as 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:
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 as
ultimately
conceived,
1
designed, fabricated, transported, delivered and installed by the
Artist, after consultation with the staff of the Owner. The Work
includes all physical components of the complete Work including
but not limited to foundations, mounting brackets or devices, and all
other miscellaneous components necessary to complete the
fabrication and installation of the Work as initially proposed. All
costs for additional earthwork or foundations that may be required
to achieve an increase in overall height above and beyond the
initially proposed Work height shall be the responsibility of the
Owner.
2. The Artist shall perform all services and furnish all supplies,
material and equipment as necessary for the execution and
fabrication of the Work, including but not limited to, payment for all
necessary permits, taxes, insurance, supplies, materials, small
tools, equipment, artist consultants, and all other items incidental to
producing a complete and acceptable Work, and shall, either
directly or through qualified sub -consultants, undertake the
transportation and installation of the Work at the Site.
3. The Artist shall determine the artistic expression, scope,
design, color, size, material, and texture, subject to review and
approval by the Owner as set forth in this Agreement.
4. The Artist shall be solely responsible for designing,
fabricating, constructing, delivering and installing the Work in
compliance with all applicable City, County, State and/or Federal
laws, ordinances, statutes, codes, regulations, and/or requirements
which affect construction or installation of the Work.
5. The Artist shall comply with all applicable laws, statutes,
ordinances, regulations, and administrative requirements including
but not limited to safety and engineering regulations and
requirements of the Owner, with special attention to requirements
for scaffolding.
6. The Artist and all agents and employees shall observe and
comply with all prevailing Federal, State and County and City laws,
ordinances, regulations and requirements which in any way affect
conduct or work required under this Agreement. The Artist shall at
the Artist's sole expense obtain all permits, licenses and approvals
required (including any seal certifying the structural soundness and
safety of the Work which may be required) and shall comply with all
laws in connection therewith.
7. It is understood and agreed that the Owner shall appoint an
2
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 sole contact for administering
this Agreement. The Artist may discuss the Work or its
requirements with various departments of the Owner, but all
specific direction to or requests of the Artist must be authorized by
the Owner or its authorized representative.
B. Artist's Final Design Proposal
1. At the time of execution of the Agreement, the Artist shall
submit a final design proposal, a project schedule, and a cost
estimate for the Work, which shall be attached hereto as Exhibit
"A", and incorporated herein by reference, to the Owner. Prior to
inclusion with the Agreement, the final design proposal, project
schedule, and cost estimate shall be approved, in writing, by the
Owner. Once the Owner approves the final design proposal,
project schedule, and cost estimate, the final design proposal,
project schedule, and cost estimate may not be amended without
the prior written approval of the Owner.
C. Purchasing Materials
1. Upon written execution of this Agreement, the Artist shall
commence purchasing materials and fabricating the Work.
2. The Artist shall avoid including in the design of the Work and
specifications that would require the use of or purchase of materials
or finishes known to be hazardous or potentially hazardous.
D. Fabrication
1. The Owner or authorized representative shall have access to
review the Artist's Work in progress, any access to review the
Artist's Work shall be scheduled at a mutually agreeable time. The
Artist shall submit to the Owner written progress reports on a
monthly basis, no later than the 5t" day of each month during the
term of this Agreement in a form acceptable to the Owner.
2. The Artist shall complete the design, fabrication,
transportation and installation of the Work in conformity with the
Proposal and the project schedule as provided in Exhibit "A", which
is attached hereto and incorporated herein by reference.
3. The Artist shall present to the Owner in writing for further
review and approval any significant changes in the scope, design,
3
color, size, material or texture of the Work. 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. The report shall include plans for
installation and lighting and a description of any activities requiring
coordination with the Owner.
E. Delivery and Installation
1. The Artist is responsible for the installation of the Work.
2. The Work shall not be delivered to the Site or installed until
the Artist has received written approval from the Owner or an
authorized representative that the Work has been completed
according to the approved design and that specific installation plans
submitted by the Artist have been approved by the Owner.
3. Arrangements for access to the Site for installation must be
made through the Owner or authorized representative. The Artist
shall provide the Owner with a .written list of the workers, vehicles
and equipment which will be involved in the installation of the Work
at least fifteen (15) days in advance of delivery and installation so
that permits can be issued and security and unloading
arrangements made.
4. Following delivery of the Work, the Artist shall install the
Work at the Site in such a manner as the Owner shall approve and
submit all required documentation and information. The Artist shall
be responsible for all expenses, labor and equipment for the
preparation of the Site and installation of the Work except as
outlined in paragraph A.1 above.
5. The Artist shall limit construction operations to the Site
unless otherwise approved by the Owner. The Artist shall perform
no operations of any nature on, over or across premises except
such operations as are specifically' authorized in plans or
specifications, or as authorized by the Owner.
6. The Artist shall protect adjoining property and nearby
buildings, roads and public streets, or roads from dust, dirt, rubbish
or other nuisance arising out of the Artist's operations or storage
practices.
7. The Artist shall clean up the Site at frequent intervals and at
other times when directed by the Owner. At all times while finish
work is being accomplished, the Site shall be kept clean, free of
dust, construction debris and trash. Directly upon completion of the
Work, the Artist shall remove from the Site all equipment and any
waste materials not previously disposed of, leaving the Site
thoroughly clean and ready for the Owner's final inspection.
8. Installation and workers' safety shall be in conformance with
the all applicable federal, state, county, and municipal laws,
including any applicable health, safety, and fire regulations.
F. Post -Installation
1. 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 by the Owner. The Artist shall,
at the Artist's sole expense, rebuild, repair, restore and make good
all such damage to any portion of the Work until written final
acceptance of the Work by the Owner. However, the Artist shall
not be responsible for repairing any damage caused by job -site
contractors or subcontractors not under the Artist's contractual
control or supervision, or in the event of vandalism or natural
disasters at the installation site.
2. The Artist shall provide information on the Work requested
by the Owner for its registration files including but not limited to
technical and maintenance information in the format provided in
attached Exhibits, copyright registration information, updated
biographical information, and a statement regarding the Work.
3. The Artist may, as part of this Agreement, be requested by
the 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. 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.
4. The Artist shall be available at such time or times as may be
agreed between the Owner and the Artist to attend inauguration or
presentation ceremonies relating to the transfer of the Work to the
Owner. The Owner shall use its best efforts to arrange for publicity
5
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. Section I services shall be completed in accordance with the
schedule set forth in Exhibit "A" incorporated herein by reference and
made a part of this Agreement if approved by the Owner.
B. The Artist shall make monthly progress reports to the Owner during
the term of this Agreement, no later than the 5t" day of each month, and
the Artist shall provide the Owner or its staff with access to the Work
during reasonable business hours to review the work and progress in
completing the Work.
C. Upon receipt of a request by the Artist for an extension of time, the
Owner shall grant a reasonable extension of time to the Artist in the event
that there is a delay on the part of the Owner in performing its obligations
under this Agreement or in completing the underlying capital project, or if
conditions beyond the Artist's control or Acts of God render timely
performance of the Artist's services impossible or unexpectedly
burdensome.
SECTION III - PAYMENTS TO THE ARTIST
For services described under Section I of this Agreement, the Owner shall
pay the Artist as follows:
A. Ninety Six Thousand Dollars ($96,000.00)
B. All expenses incurred on behalf of the Work shall be paid by the
Artist and are included in the basic fee.above.
Compensation will be paid to the Artist in four (4) installments:
INSTALLMENT 1
Installment 1 shall be ten percent (10%) of the contract amount. Installment 1
shall be paid by the Owner in consideration of the Artist preparing final design
drawings; Exhibit "A" to this Agreement., and other related documents.
Installment 1 shall be paid to the Artist upon approval of the Agreement by the
Owner.
C01
Installment 1 is in the amount of Nine Thousand Six Hundred Dollars
($99600.00).
Following approval and execution of the Agreement by the Owner,
for payment, the Artist must submit the following documents:
1. Certification of insurance.
2. Completed W-9 Tax form.
INSTALLMENT 2
Installment 2 shall be fifty percent (50%) of the contract amount. Installment 2
shall be paid by the Owner in consideration of the Artist commencing fabrication
upon initial acceptance and approval of Exhibit A by the Owner.
Installment 2 is in the amount of Forty -Eight Thousand Dollars
($485000.00).
For payment of Installment 2, the following must be submitted to
the Owner:
Complete drawing and specification signed and sealed by certified
engineer for Class 'C' Exposure, FBC 2004 - 140MPH Wind
Criteria.
INSTALLMENT 3
Installment 3 shall be twenty percent (20%) of the contract amount. Installment 3
shall be paid by the Owner upon substantial (75%+) completion of the Work as
documented in studio photographs. This would consist of fabrication completion
of all major components, prior to final surface finishing; prior to final assembly.
Installment 3 is in the amount of Nineteen Thousand Two Hundred
Dollars ($19,200.00).
For payment of Installment 3, the following must be submitted to
the Owner:
Photo documentation of fabricated work.
List of all components with completion percentages for each.
INSTALLMENT 4
Installment 4 shall be twenty percent (20%) of contract amount upon final
acceptance of installed Work by the Owner
1'1
Installment 4 is in the amount of Nineteen Thousand Two Hundred
Dollars ($19,200.00).
Prior to the payment of Installment 4 Installation of Work must be approved by
the Owner.
In addition to final acceptance of the Work by the Owner, the following
must be provided to the Owner by the Artist prior to payment of Installment 4:
a. A written certification of the completion and installation of the
Work,
b. Written bill of sale.
c. Technical and maintenance record. (Exhibit F)
d. Updated biographical material.
e. Artist statement about the Work.
Payment of the artist's fee shall be made upon submittal of invoices. However,
no more than eighty (80%) percent of the total Agreement amount shall be paid
before the work is completed and accepted by the Owner. The Owner shall
make payment to the Artist within thirty days of receipt and approval of the
applicable invoice, and all related documentation, as provided herein.
F. The Artist shall be responsible for all Federal and State income
taxes on the amount of this Agreement, as well as any sales, use or
privilege tax which might be required.
G. The Artist and the Owner agree that no charges or claim for
damages shall be made by the Artist for any delays or hindrances during
the progress of any portion of the services specified in this Agreement.
Such delays or hindrances, if any, shall be compensated for by an
extension of time for such reasonable period as may be mutually agreed
between the parties. It is understood, however, that permitting the Artist to
proceed to complete any services, or any part of them, after the date to
which the time of completion may have been extended, shall in no way act
as a waiver on the part of the Owner of any of its legal rights herein.
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,
including inherent vice, and that the Artist will, at the Artist's own expense,
remedy any defects due to faulty workmanship or materials, or to inherent
vice, which appear within a period of three years from the date the Work is
114
finally accepted by the Owner. Any and all such repair completed by the
Artist shall be consistent with professional conservation standards as
determined solely by the Owner. "Inherent vice" refers to a quality within
the material or materials which comprise the Work which, either alone or
in combination, results in the tendency of the Work to destroy itself.
B. Warranties provided to the Artist by the sub -contractors 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 the Work will
not require maintenance substantially in excess of that described in the
maintenance recommendations to be provided by the Artist to the Owner
hereunder.
D. The Artist represents and warrants to the Owner that the Work will
not contain sharp points or edges which the Owner deems a danger to the
public and agrees to cooperate in making or permitting adjustments to the
Work if necessary to eliminate any hazards 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 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 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 another party 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. The sculptures in the Work will be done in limited
editions. The sculptures in the Work do not infringe upon any copyright.
The Artist will not execute or authorize another to execute another Work,
containing the two sculptures, of the same design, dimensions and
materials as the Work commissioned pursuant to this Agreement for
placement within the State of Florida. For the purposes of this warranty, if
the dimensions of another work exceed 75% of the dimensions of the
commissioned Work, the other work 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 54 years and shall
9
be binding on the Artist's heirs and assigns.
H. 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.
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. One copy of all available data pertinent to the work, and
information relative to policies, standards, criteria, and studies.
However, the Artist shall be responsible for searching the records
and requesting information required.
2. Examination of materials and information submitted by the
Artist and render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Artist's Work. The
Owner shall keep the Artist advised concerning the progress of the
Owner review of the Work. Response to the Artist's written request
for decisions shall be made as soon as possible.
B. The Owner agrees that it will not use the work or the Artist's name
in a way which reflects discredit on the Work or on the name of the Artist
or on the reputation of the Artist as an artist.
SECTION VI - INSURANCE
A. Prior to commencement of any work pursuant to this Agreement,
the 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 each accident. 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 Owner.
2. General liability insurance, with limits of not less than
$1,000,000 each occurrence, combined single limit bodily injury
and property damage, completed operations, contract liability and,
if any subcontracted work, independent contractors.
10
3. Automobile liability insurance, with limits of not less than
statutory requirements including coverages for owned, non -owned
and hired vehicles, as applicable.
B. Insurance policies required under the terms of this Agreement shall
be endorsed as follows:
1. In the general liability policy, the Owner shall be named as
additional insureds along with its officers, agents and employees.
2. In the general and automobile liability policies, provide that
the policies are primary insurance to any other insurance available
to the additional insureds, with respect to claims arising out of this
Agreement, and that the insurance applies separately to each
insured against whom claim is made or suit is brought.
3. In the general liability policy, provide 30 days written notice
of cancellation, non -renewal or reduction in coverages.
C. 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
herein. Upon request, certified copies of all policies shall be furnished to
the Owner. If any 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.
SECTION VII -- GENERAL CONSIDERATIONS
A. Records
Records of the Artist's expenses pertaining to the Work and records of
accounts between the Owner and the Artist shall be kept on a generally
recognized accounting basis, and shall be available to the Owner or its
authorized representative for audit during normal business hours.
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
11
is fabricated, under the Artist's personal supervision, in conformity with the
approved design, see Exhibit "A". The Work shall not deviate from the
approved design unless the change is approved in writing by the Owner or
an authorized representative.
C. Termination
The Owner and the Artist hereby agree to the full performance of the
covenants contained herein, except that the Owner reserves the right, at
its discretion and without cause, to terminate or abandon the services
provided for in 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 abandon the service or any part
of the services as herein provided, the Owner shall notify the Artist
in writing, and immediately after receiving such notice, the Artist
shall discontinue advancing the work under this Agreement and
proceed to close said operations under the Agreement.
2. Upon such termination or abandonment, the Artist shall
deliver to the Owner all work entirely or partially completed,
together with all unused materials supplied by the Owner.
3. The Artist shall determine the percentage of work completed
and submit such estimate to the Owner for evaluation. the Owner
shall have the right to inspect the Artist's work to verify the 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 equal to any
project related payments owed to the Artist and to the Artist's
subcontractors, and shall be in an amount to be agreed upon
mutually by the Artist and the Owner. If there is no mutual
agreement, the final determination shall be made in accordance
with Section VII, Paragraph O. "Disputes". However, in no event
shall the fee ever exceed that set forth in Section III of this
document. the Owner shall make this final payment within sixty
(60) days after the Artist has delivered the last of the partially
completed items.
5. The Artist may obtain termination only if the Owner should
substantially fail to perform its responsibilities as provided herein.
In the event of termination, all finished or unfinished work relating to
the preparation of the Work paid for by the Owner shall become the
property of the Owner.
12
6. The death or incapacity of the Artist shall automatically
terminate this Agreement. Neither the Artist nor the Artist's estate
shall have any further right to perform hereunder. the Owner shall
pay the Artist's estate or the Artist the compensation payable for
any services rendered prior to such termination not heretofore paid
reduced by the amount of additional costs which shall be incurred
by the Owner by reason of such termination.
D. Communications
All notices, requests, demands and other communications which are
required or permitted to be given under this agreement shall be in writing
and shall be deemed to have been duly given. upon the delivery or receipt
thereof, as the case may be, if delivered personally or sent by registered
or certified mail, return receipt requested, postage prepaid, air or courier
services, or by messenger as follows:
1. If the Owner, to:
City Manager
City of Tamarac7525 N.W. 88th Avenue
Tamarac, FL. 33321-2401
With a copy to:
Samuel S. Goren, City Attorney
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
2. if the Artist, to:
Mary Ann Baker
P.O. Box 37
Mimbres, NM 88049
E. Additional Work
Additional work, when authorized by the ,Owner or an authorized
representative, shall be compensated for by a fee mutually agreed upon
between the Owner and the Artist.
F. Ownership of Documents
13
The Owner shall have the right to graphically reproduce the documents
produced by the Artist solely for the purposes of publicity or exhibition,
provided that such reproduction is credited to the Artist.
G. Ownership and Reproduction Rights
1. Title to the Work shall pass to the Owner upon written notice to the
Artist of final acceptance.
2. The Artist retains: (1) all rights 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 (2) 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. Except for those rights retained pursuant to Paragraph 7(G)(2) of
this Agreement, the Artist agrees that the Artist shall not undertake any
public display of the Work in a three dimensional form, or any similar
public reproduction of the Work without the prior written approval of the
Owner.
4. 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 and other 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 Owner; reproduction
in exhibition catalogues, books, slides, photographs, postcards, posters,
and calendars; in art magazines, art books and art and news sections of
newspapers; in general books and magazines not primarily devoted to art
but of an educational, historical or critical nature; slides and film strips not
intended for a mass audience; electronic media and television from
stations operated for educational purposes or on programs for educational
purposes from all stations. 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.
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
14
Tamarac, Florida."
H. Waiver of Rights under 17 U.S.C. M 068(a)
The Artist understands and agrees that, as to the Artist's rights in the
Work, the provisions of this Article shall control over the provisions of 17
U.S.C. §106A(a), and shall constitute a waiver by the Artist of any rights in
the Work set out in or otherwise granted by 17 U.S.C. §106A(a).
Repair and Restoration
Maintenance 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 Owner. It will be policy of the Owner 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 Owner of any change in the
Artist's permanent address. If the Artist is unable or unwilling to perform
any necessary repairs or restoration, the Owner will cause to have such
work performed at the Owner's own expense in accordance with
recognized principles of conservation.
J
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 "Site"
may cause the destruction, distortion, mutilation, or other modification 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, in
whole or in part (such actions being referred to herein as "Removal"), or to
alter, change, modify, or destroy, (such actions being referred to herein as
"Alterations"), 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 make a good faith effort to .notify the Artist in writing 90
days in advance of such removal. To the extent the uses of the Work
15
under this section violate any rights the Artist may have under the
provisions of federal or state law, including without limitation the Visual
Artist's Rights Act of 1990, the Artist hereby waives those rights to
preservation of the Work provided by those laws; provided, however, that
Artist shall retain any right to disclaim authorship of the Work pursuant to
and under the conditions set forth in the Visual Artist's Rights Act of 1990.
K. 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 that the Work cannot be removed without being
irreparably damaged or destroyed, the Artist hereby agrees to waive any
rights the Artist may have under the Visual Artist's Rights Act of 1990,
provided, however, that the Artist shall retain any right to disclaim
authorship of the Work pursuant to and under the conditions set forth in
the Visual Artist's Rights Act of 1990.
L. 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.
M. Claims Against the Owner
1. The Artist hereby agrees to indemnify and save and hold
harmless the Owner, any of its departments, agencies, officers, or
employees from all damages, claims or liabilities and expenses
including court costs, Attorney's fees, and paralegal expenses at
both the trial and appellate levels arising out of or resulting in any
way from the performance of professional services for the Owner in
the Artist's capacity as a consultant, including, but not limited to any
claims for copyright, trademark, patent, or intellectual property
infringement or unauthorized use of such copyright, trademark, or
patent, or other intellectual property right, and caused by any error,
omission, or negligent act of the Artist or any person employed by
the Artist, or of any others for whose acts the Artist is legally liable.
2. The Artist agrees to indemnify and save and hold harmless
the Owner, any jurisdiction or agency issuing permits for any work
included in the project, and their respective directors, officers,
officials, agents, employees and volunteers (hereinafter referred to
if'� �J
as "Indemnitee") from and against any and all claims, demands,
actions, liabilities, damages, losses, or expenses (including court
costs, attorney's fees, paralegal expenses, and costs of claim
processing, investigation and litigation at the trial and appellate
levels) (hereinafter collectively referred to as "Claims") for personal
injury (including death) or property damage caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or
omissions of the Artist or of any of the Artist's directors, officers,
agents, employees, volunteers, or subcontractors. This indemnity
includes any claim or amount arising or recovered under the
Workers' Compensation Law or arising out of the failure of the Artist
to conform to any federal, state or local law, statute, ordinance,
rule, regulation or court decree. It is the specific intention of the
parties that the Indemnitee shall, in all instances, except for Claims
arising from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by the Artist from and against any and
all Claims. It is agreed that the Artist will be responsible for primary
loss investigation, defense and judgment costs where this
indemnification is applicable.
3. 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.
4. The Artist shall not be responsible for the acts or omissions
of the Owner, the Owner 's consultants, any contractors, any
subcontractors, any subconsultants, any of the agents or
employees, or any other persons, aside from those retained by the
Artist, who are performing any of the work related to the artistic
services provided for in the terms of this Agreement.
5. 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 Consultant under
I
the indemnification agreement. Nothing contained- herein is
intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as
amended from time to time.
N. 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. In no event shall any contractual relationship be created between
any third party and the Owner.
O. Disputes
In any dispute arising out of an interpretation of this Agreement or the
duties required therein not disposed of by agreement between the Artist
and the Owner, the final determination at the administrative level shall be
made by the Owner or its authorized representative.
P. The Owner's Right of Cancellation
All parties hereto acknowledge that this Agreement is subject to
cancellation by the Owner.
Q. Covenant Against Contingent Fees
The Artist represents and warrants to the Owner that 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 I, or any employee of
the Owner has any interest, financially or otherwise, in the Artist's
business.
For breach or violation of this warranty, the Owner shall have the right to
annul this Agreement without liability, or at its discretion to deduct from the
Agreement price or consideration, the full amount of such commission,
percentage, brokerage, or contingent fee.
R. Equal Opportunity/Affirmative Action
During the performance of the Contract, the Artist shall not discriminate
against any employee or applicant for employment because of race, color,
im
sex, religion, age, national origin, marital status, political affiliation, familial
status, sexual orientation, or disability if qualified. The Artist will take
affirmative action to ensure that employees are treated during
employment, without regard to their race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. 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, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause. The
Artist further agrees that he/she will ensure that Sub -contractors, if any,
will be made aware of and will comply with this nondiscrimination clause.
S. 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."
T. Force Majeure
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
M.
J
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.
U. 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.
V. Non -Waiver Provision
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.
W. Jurisdiction
It is mutually understood and agreed that this Agreement shall be
governed by the laws of the State of Florida, both as to interpretation and
performance. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Agreement or any provision thereof shall be instituted
only in the courts of the State of Florida.
X. Amendments to the Agreement
The terms of this Agreement constitute the entire understanding between
the parties hereto and no statement, promise, condition, understanding,
inducement or representation, oral or written, expressed or implied, which
is not contained herein shall be binding or valid. This Agreement may only
be amended or modified by mutual consent of the parties hereto in writing
signed by both parties.
Y. 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
KEI
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 by the duly authorized the Owner officials.
21
IN W?,qS WHEREOF, the pa have xecuted this Agreement as of
the '
day of -
e
2013 CITY: ---------------
CITY OF.TAMARAC, FLORIDA
BY:
ro .MAYOR BETH TALABISCO
ATTEST:
PAT TE ;FEL, lNwTLc7fblM CITY CLERK
APPROVED AS TO FORM:
c-
OFFICE OF THE CITYATTORNEY
CONTRACTOR:
• MARY AN N BAKER °
MARY ANN BEAK R; rtist
STATE OF _
COUNTY OF
40-
L
•
•
STATE OF �J �IA) 14'tK red (�
COUNTY OF
y,
HEREBY CERTIFY that on this, day of 2013, before
me personally appeared Mary Ann Baker, personally known to kA the individual
who executed the foregoing instrument and acknowledged before that he
executed the same for the purposes therein, is personally known to me or
produced '
p � � �' �'� � �, � � ��� � as identification.
.e
OFFICIAL SEAL
AMANDA VALERIQ N o t a r y u b i c, State of
TARY PUBUG- to of New MO
Commission No.
Commission Expires: f
�T
Print Name:
19
•
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EXHIBIT A — ARTIST'S FINAL DESIGN PROPOSAL, SCHEDULE AND
BUDGETContract No.Between The City of Tamarac, Florida and Mary Ann Baker
SUBMITTED BY:
Artist DateAPPROVED:
Authorized agent for The City of Tamarac - Date
EXHIBIT F - FORMAT FOR TECHNICAL AND -MAINTENANCE RECORDContract
No. 00000Between' the Ownerand Mary Ann Baker
I. GENERAL INFORMATI0N:Artist:Title of Workiocation:General Description:ll.
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)lnstallation 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)
EXHIBIT F- FORMAT FOR TECHNICAL AND MAINTENANCE RECORD
(CONT.)Contract No. OOOOOBetween the Ownerand Mary Ann Baker
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
at,
EXHIBIT A — ARTIST'S FINAL DESIGN PROPOSAL, SCHEDULE AND BUDGET
SUBMITTED BY:
Artist
APPROVED:
Contract No.
Between The City of Tamarac, Florida
and Mary Ann Baker
Date
Authorized agent for The City of Tamarac Date
C
Option A - Tamarac
Estimated Budget Fencing, Railing and Gate
Includes cost increases for 4" Sphere Rule and ADA Compliance
Plus Custom Sculpted Panel for ADA railing.
March 1 Changes including 6 additional Pedestrian Bridge Panels
Redesign of the Pier Gate to Approximately 4' high
Categories due increases - Design, Materials & Supplies, Fabrication, Engineering,
Installation and Professional Painting.
Design . $10,000
Materials & Supplies-
$18,000
Playground Fence
$6000
Pier Panels
$5000
Pedestrian Bridge
$2000
Pier Rail Supports
$2000
Wood Rails
$3000
Fabrication/Welding
$ 17,000
Playground Fence
$6000
Pier Panels
$6000
Pedestrian Bridge
$2000
Pier Rail Supports
$3000
Plasma Cutting $ 7,500
Playground Fence $3000
Pier Panels $2500
Pier Gate $ 500
Pedestrian Bridge $1500
Engineering
$ 4,000
Shipping
$ 2,000
Permits
500
Insurance
$ 1,000
Travel
$ 2,000
Installation
$ 5,500
Professional Painting
$ 7,500
Textured Painting
$10,000
Contingency $ 5,000
Total Phase 1 $909000
Estimated Budget Playground Fencing Installation as Phase II at a
Later Date
Travel $ 2,000
Airfare $500
Travel Time $500
Hotel $500
Car $500
Management - Painting Touch -Up $ 2,000
Installation & Welding $ 2,000
Total Phase II $ 6,000
Project Total $96,000
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