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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-031Temporary Resolution No. 11577 March 11, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- �, j / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PUBLIC ART PROPOSAL AND CONCEPT BY ILAN AVERBUCH TO BE PLACED AT TEPHFORD PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is implementing a Public Art installation at Tephford Park; and WHEREAS, the City of Tamarac issued a National Call to Artists for an artist or artist team to create an original sculpture, 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 August 26, 2008 the Public Art Committee reviewed and evaluated approximately fifty-two (52) responses to the National Call to Artists for the project; and WHEREAS, on October 21, 2008, the five 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, Ilan Averbuch best met the needs and requirements of the City, the Artist has been selected to fabricate, deliver and install works of art, to be installed upon the selected location at Tephford Park; and WHEREAS, the City of Tamarac and the Artist have entered into a contract for Sculptural Installation at the Tephford Park hereto attached as "Exhibit 2"; and Temporary Resolution No. 11577 March 11, 2009 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 Ilan Averbuch to be placed at Tephford 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 Ilan Averbuch 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 Ilan Averbuch to be placed at Tephford 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. 11577 March 11, 2009 Page 3 Section 6. This Resolution shall become effective upon adoption. PASSED, ADOPTED, and APPROVED THIS DAY OF 2009. BETH FLAN BAUM y - TALABISCO, MAYOR ATTEST: / v�'44_7, vRECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISC0 CITY CLERK DIST 1: COMM BUSHNELL �J DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER�:�L�� I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN �U CITY ATTORNEY Exhibit " 1 " CALL TO ARTISTS City of Tamarac Tamarac, Florida Tephford Park DEADLINE: 5 P.M., Tu esday July 22, 2008 (postmark) Artwork Scope: The Tamarac Public Art Committee is seeking to commission an artist or artist team to create a permanent original sculpture located at Tephford Park, Tephford Park encompasses approximately 22 acres and is located south of the C-14 Canal (a 250-wide waterway) and west of Nob Hill Road. One mile to the west of the site reserved for public art is a conservation area adjacent to the Florida Everglades. The sculpture should communicate a sense of motion in a natural, tranquil environment. The sculpture will be placed on a pedestal reserved for public art (see aerial below). The pedestal is located in a circular seating area (see photos below). The height of the sculpture will be restricted to fourteen (14) feet due to overhead power lines. View: Aerial with the arrow pointing to puouc art site Tephford Park is na, d for Broward Sheriff Deputy Brian . aphford. Deputy Tephford was killed in the line of duty in Tamarac in November, 2006. Art in the area should celebrate the natural environment while acknowledging motion inherent in wildlife. The park is currently under construction and is expected to be completed in July 2008. Project elements include multi- purpose paths, picnic shelters, a playground, fishing pier and natural area. Photo 1 .. ddMI. View: Public art pedestal looking north across the C-14 Canal Photo 2 2 Art Project Budget: The total budget established for the Tephford Park public art project is $125,000. The budget includes all costs: i.e. research, community and agency meeting costs, design, materials, fabrication, installation, photography, insurance, proposals, travel, sales tax, and transportation. Artist Eligibility: The Tamarac Tephford Park Call to Artists is open to all professional artist and artist teams with 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 Record, 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., Tuesday, July 22, 2008 Shortlisting: August 19, 2008 Interviews: Tuesday, October 21, 2008 Notice of Award**: November 25, 2008 Design Review / Revisions / Design Development: Completion of Installation: July 1, 2009 *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 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 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. Application Requirements: Deadline: 5 P.M., Tuesday, July 22, 2008 The information and documentation below must be postmarked on the date listed above. Cl Letter of interest — a one page maximum letter show. state interest in the project, outline artist's approach to public art and highlight relevant past experience on projects on similar budget and scope. One (1) Copy: Visuals — Artist must submit one (1) CD with a set of 10 digital images (JPG OR 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, and location of artwork, project budget, slide number and any other relevant information. Send to: Public Art Program Tephford Park Public Art Project 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)597-3541 Fax: (954)597-3540 Email: j_enniferb(a)tamarac.org Public Art Committee Members: George Gadson, Chairman Tobey Archer, Vice -Chairman Eric Frezer Susan Buzzi Michele Mellgren Rowena Smith, Alt. Maureen Kohler, Alt. Public Art Committee Staff: Jennifer K. Bramley, Director of Community Development 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 59,941. 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." Ej Exhibit "2" City of Tamarac, Florida SCULPTURAL INSTALLATION AT TEPHFORD PARK TAMARAC, FLORIDA WORK DESIGN, FABRICATION, & INSTALLATION THIS CONTRACT FOR COMMISSION is made this 'I day of February, 2009, by and between the City of Tamarac, Florida (hereinafter referred to as "Owner"); and Averbuch Rail Art, LLC, 10-15 48th Avenue Long Island City, New York 11101 (hereinafter called "Artist"). WITNESSETH: WHEREAS, the City of Tamarac is implementing a public art installation at the Tephford 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 the Tephford 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 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 5th 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 0 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 5ch 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. One Hundred Twenty -Five Thousand Dollars ($125,000.00) 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. 11 Installment 1 is in the amount of Twelve Thousand Five Hundred Dollars ($12,500.00). 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 Sixty -Two Thousand Five Hundred Dollars ($62,500.00). 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 Twenty -Five Thousand Dollars ($25,000.00). 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 7 Installment 4 is in the amount of Twenty -Five Thousand Dollars ($25,000.00). 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 "B") 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 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 sculpture, 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 50 years and shall be binding 0 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. ID] 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. 881h 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: Averbuch Rail Art, LLC Ilan Averbuch 10-15 48th Avenue Long Island City, NY 11101 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. �106A(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). I. 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 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 17 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, m 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 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 19 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 state courts located in Broward County, 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 20 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 WITNESS WHE EOF, the parties have executed this Agreement as of the day ofi11 2009 CITY: CITY OF TAMARAC, FLORIDA BY: iiJ - -%�UowC MAYOR BE H FLANSBAUM-TALABISCO ATTEST: MARION SWENSON, CITY CLERK TO FORM: i6 OFFICE OF THE ATTEST: By: Print Name: Title: STATE OF ) )SS: COUNTY OF Q�lee� 5 ) CONTRACTOR: Averbuch Rail Art, LLC By: Print Name: / j-- BUC/f Title: — BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared TLa^ and 701-c as and Secretary, respectively, of Averbuch Rail Art, LLC, and acknowledged executed the foregoing Agreement as the proper official of p,y�ca n4ch (a a Gz+; L� for the use and 22 purposes mentioned in it and affixed the official seal of Averbuch Rail Art, LLC, and that the instrument is the act and deed of Averbuch Rail Art, LLC. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ion day of 2009. DARRY7061r3 ES NOTARY PUBLIC NEW YORK No. ONOTARYPUBLI MQcadIry�un0oe My Commission Expires: H:\2005\050164 TAMARACWGMTS\Averbuch Rail Art LLC.doc 23 EXHIBIT A — ARTIST'S FINAL DESIGN PROPOSAL, SCHEDULE AND BUDGET Contract No. Between The City of Tamarac, Florida and Averbuch Rail Art, LLC SUBMITTED BY: 111200cf Artist Date APPROVED: W) Authorized ent for The City of Tamarac Final Design Proposal for Tephford Park Under the Shadow of a Big Tree My proposal is to create a sculptural/environmental complex that creates a place with striking visual forms. At the heart of the sculptural environment is an elliptical form made of modular units of weathering steel (Cor-ten), standing on its edge as if rolling or pulling away. Intersecting the large elliptical frame is a tree form made of flat granite stones, rising to approximately two-thirds the height of the ellipse. The tree has a wide canopy built like an inverted roof growing out of a heavy -set and slightly leaning weathering -steel trunk. The image and the place: The large-scale sculptural environment I propose is at the center of the circular pedestal provided for the artwork in Tephford Park. The elliptical form will create a push-pull tension with the strictly round composition of the place. The eccentric ellipse will evoke a feeling of rolling motion, even reaching outside the concrete circle at one point. It will change as we walk 24 around it. From one point of view, the pierced tree is contained in the frame of the ellipse, and on the other side the tree emerges out of the "picture frame." Dimensions: The elliptical ring is 14 feet high, 17 feet wide and 1.5 feet deep. The tree is 10 feet high, 14 feet wide, and 14 feet deep. Materials and engineering: The elliptical ring is made of weathering steel, which is a special kind of steel that develops a protective layer of oxidation that stops at the surface and does not penetrate further into the steel. It develops a deep orange patina. The "tree" has two components, a slightly leaning steel trunk, and a wide stone canopy. The trunk is made of exposed bent weathering -steel tubes that continue into the stone work of the wide canopy and form the steel grid structure that holds it all together. The stones are large flat slabs of granite, 1 % to 2 inches thick, with a coarse natural texture and an irregular upper edge. Each row overlaps the next row forming an ever -widening funnel. The stones are fastened with steel connectors to the internal steel structure. The elliptical ring and the tree are physically connected to each other, creating great structural integrity in the overall form. About the work's intent: I make artworks that transform spaces into imaginary worlds. They shift scales, combine materials, and create forms to produce a sense of memory, dreams, imagination, and movement in space. Like in this proposal, my works often become landmarks, gateways, spaces, or entry points that help people to identify with places. In this particular proposal, the sculpture will reach out beyond itself by creating a harmony with its immediate site and activating the space. It will become a picture frame, framing views of the canal, the park, and the buildings around, and so the sculpture will actually extend well beyond the site. This is a constructed environment next to a rich natural world. The wide canopy tree is a dichotomy: on one hand it represents something natural, and on the other hand it celebrates man-made construction. The tree with its concentric layers suggests growth and ever-expanding living form. It recalls the Tree of Life in a place dedicated to a man who gave his life. 25 Photograph of the model. I 26 Artist's rendering of the sculpture in site. 27 Artist's rendering of the sculpture in site. m Schedule After full execution of the contract, this sculpture will take approximately seven months to fabricate. I will make an attempt to complete it earlier. I will need up to two weeks on site for installation. The first month will be for engineering drawings and design detail finalization. The second month will be for purchasing of metal and stone, and beginning of fabrication of the ellipse. In the third month I will complete the ellipse and begin fabrication of the steel component of the tree form. In the fourth month, I will receive the stone plates and cut them to fit the tree form. In the fifth month, completion of cutting stones, fitting connectors between stone and steel, and making adjustments. The sixth month, I will disassemble the sculpture in my studio and prepare it for shipment. The seventh month, I will deliver and install the sculpture on site. Budget Artist's design fee 19,000 Fabrication fee 19,000 Stone for tree 12,000 Steel for structure 8,000 Weathering steel for ring 18,000 Assistants 10,000 Studio costs 4,000 Hardware, including connectors, welding supplies 4,000 Transportation 4,500 Installation equipment (crane, forklift, welder) 5,000 Travel costs (hotel, meals, car during installation) 2,000 Engineer 5,000 Insurance 2,000 Contingency 10% 12,500 Tota 125,000 29 EXHIBIT B - TECHNICAL AND MAINTENANCE RECORD Contract No. 00000 Between the Owner and Averbuch Rail Art, LLC I. GENERAL INFORMATION: Artist: Ilan Averbuch Title of Work: Under the Shadow of a Big Tree Location: Tephford Park, Tamarac, Florida General Description: My proposal is to create a sculptural/environmental complex that creates a place with striking visual forms. At the heart of the sculptural environment is an elliptical form made of modular units of weathering steel (Cor-ten), standing on its edge as if rolling or pulling away. Intersecting the large elliptical frame is a tree form made of flat granite stones, rising to approximately three-quarters the height of the ellipse. The tree has a wide canopy built like an inverted roof growing out of a heavy -set and slightly leaning weathering -steel trunk. II. WORK INFORMATION Medium and Description of Materials (include materials thickness, welding rod alloy or joint material, casting alloy, wax body, glass or fiber type): The elliptical ring is made of weathering steel (Cor-ten), which is a special kind of steel that develops a protective layer of oxidation that stops at the surface and does not penetrate further into the steel. It develops a deep orange -brown patina. The elliptical ring will be welded of modular units resembling large stone blocks. Inside the steel blocks there will be an inner structural beam connecting all the blocks, which will be calculated by a structural engineer. All welds of weathering steel parts will use an appropriate weather -resistant welding material. The "tree" has two components, a slightly leaning steel trunk, and a wide stone canopy. The trunk is made of exposed bent weathering -steel tubes welded together. These tubes continue up into the wide canopy and form the steel grid structure that creates both the form and the integrity of the structure. All specific steel members will be calculated by a structural engineer. The stones are large flat slabs of granite, 1 '% to 2 inches thick, with a coarse natural texture and an irregular upper edge. Each row overlaps the next row forming an ever -widening funnel. The stones are fastened with steel connectors to the internal steel structure. The color of the stones will be light grey with tints of gold and pink. 30 Special Methods Utilized in Execution of Work (welding or joint method, technique or construction method - attach fabrication drawings): The sculpture will be fabricated in my studio in New York and shipped in parts to the site for installation. All welds will be made by a certified welder, according to engineer's drawings. I use the MIG (Gas Metal Arc Welding) technology. Material Finish (glaze, paint color and type, sanding grit, tool pattern, patina, surface sealer) Weathering steel naturally develops a patina of orange -brown color. Since this patina protects the metal from further corrosion, no further surface coating is necessary. Installation Method(s) (foundation installation structure, bolt/pin size, grout) The sculpture will be attached to the foundation with a steel base plate and f- inch galvanized bolts, calculated by a structural engineer, taking into consideration the local climate and site conditions, including wind and seismic activity. A structural engineer will study the existing designated foundation to determine if it is sufficient for the sculpture. Should it not be sufficient, I will modify it and make all changes necessary to satisfy the structural engineer's specifications. The work will be brought in parts to the site on a semi -trailer. Appropriate changes to the foundation (according to my structural engineer) will take place. With the help of a crane, the parts will be placed and bolted. Once all steel structure is in place, the stones will be placed and connected. Placement of Work (cautions regarding sunlight, heat, etc.) There are no parts of this sculpture that are sensitive to sunlight or heat. The sculpture is designed to shed off water, which will then dissipate into the ground. 31 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) Steel supplier: Metals USA 182 Frelinghuysen Avenue Newark, NJ 07114. (973) 242-1000 telephone Stone supplier: Extech Building Materials 4387 Vernon Blvd. Long Island City, NY 11101 (718) 786-2288 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) There is no maintenance necessary for this work, except cleaning around it as part of the general park maintenance. Neither the stone nor the steel requires any protective coating. In case of graffiti, graffiti remover can be applied and used according to manufacturer's instructions. The natural patina of the steel will regenerate by itself. V. SPECIAL CONSIDERATIONS AND/OR ADDITIONAL PERTINENT INFORMATION None 32