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Home My WebLink AboutCity of Tamarac Resolution R-2020-067 Temp. Reso. #13471 August 12, 2020 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020 - -' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING ARTIST MIKE SZABO'S DESIGN AND THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND SZABOWORKS, INC. ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN, TO PROVIDE FOR A CONTRACT INCREASE OF $15,000 FOR A TOTAL NOT TO EXCEED CONTRACT VALUE OF $90,000 FOR AN EXTERIOR SCULPTURE AT THE COLONY WEST CLUBHOUSE LOCATED AT 6800 NW 88 AVENUE, TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote public art within the City; and WHEREAS, the City is infusing public art into the Colony West Clubhouse Project with the creation and installation of artistic pieces both internal and external to the Clubhouse; and WHEREAS, the Public Art Committee issued a Call to Artists, due On April 2, 2019 to solicit an artist to work with the Colony West Design Team to create an elaborate artwork for the circular entry for both the Clubhouse and the Hotel; and Whereas; on December 11, 2019, The City Commission approved R-29- 140 awarding a contract and approving the design of Artist Mike Szabo, d/b/a SzaboWorks, Inc. at a contract value of $75,000., and WHEREAS, the cost of engineering, lighting and concrete work for an elevated platform reduced the budget attributed to the overall scale of the artwork; and Temp. Reso. #13471 August 12, 2020 Page 2 WHEREAS, the Public Art Committee desires to have an artwork with a scale suitable for the shared entry of the Colony West Clubhouse; and WHEREAS, in order to achieve a large-scale artwork and include engineering, lighting and a concrete platform, the budget would need to be increased; and WHEREAS, the Public Art Committee and the City Commission, at their July 8, 2020 meeting, approved Artist Mike Szabo's new large-scale design, increasing the contract by $15,000; and WHEREAS, Agreement Amendment #1 to the Contract, increases the contract value by $15,000 for a total contract value of $90,000; and WHEREAS, the Directors of Community Development and Public Services and the Public Art Committee recommend that the City Commission approve Agreement Amendment #1 and authorize the appropriate City Officials to execute same with SzaboWorks, Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and authorize the execution of Agreement Amendment #1 with SzaboWorks Inc, attached hereto as Exhibit "A" and incorporated herein, for a contract price of$90,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #13471 August 12, 2020 Page 3 SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The Agreement is hereby approved, and the appropriate City officials are authorized to execute the Agreement Amendment #1 with SzaboWorks Inc. for a contract price of $90,000 copy of said Agreement is attached hereto as Exhibit "A". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. #13471 August 12, 2020 Page 4 PASSED, ADOPTED AND APPROVED this u day of AiLTAAA-- , 2020. ,/I, q!Ael, _-.1:61 MICHELLE kGOMEZ, MAYOR ATTEST: , J IFE JOH N, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V./M. BOLTON Aa DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM EL S. GO N CITY ATTORNE TAMARAC The City For Your Life City of Tamarac Purchasing& Contracts Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND SZABOWORKS, INC. th THIS AGREEMENT AMENDMENT is made and entered into this 27aay of July , 2020, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and SzaboWorks, Inc., a California corporation with principal offices located at 1433 Yosemite Ave, San Francisco, CA 94124, referred to herein as (Artist) to provide for an exterior public sculpture located at the Colony West Golf Club Clubhouse 6800 88th Avenue, Tamarac, FL 33321. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows. (Changes are shown as underlined (added) or as a strike through (deleted).): 1. Amend Section 1, "The Contract Documents" to now read as follows: "1) The Contract Documents The contract documents shall consist of this Agreement, and Artists response incorporated to the Call to Artists titled "Colony West Hotel: Design Team Artist", which was due on April 2, 2019, Tamarac Rendering R4, included herein as Exhibit A, and all modifications issued after execution of this Agreement. It is understood that design details may change. The Artist shall have the right to modify the Rendering as reasonably required due to engineering, fabrication or installation issues that are technically impossible or inordinately expensive to resolve, and the City shall approve such modifications pursuant to 5.6 below if the proposed modifications do not substantially diminish the aesthetic or physical integrity of the Artwork. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail followed in precedence by this Agreement, followed in order by Artist's response to Call for Artist." 2. Amend Section 2 "The Work", paragraph 2.1.2, striking the last two sentences to now read as follows: "2.12 The artwork shall be durable and require minimum ongoing maintenance. South Florida has a sub-tropical climate and is hot and humid with intense sun and seasonal heavy rain. Problems with rust and fading should be avoided. The sculpture shall be designed and constructed in accordance with the Florida Building Code. The artwork must be self-supporting on an open landscape or hardscape and be large in scale. , w-itla no TAMARAC The City For Your Life City of Tamarac Purchasing&Contracts Division le�-s than 20 feet in height. The er-ientation of the scu-l-pturc must be vertical in the 30 feet 3. Amend Section 4, "Contract Sum AND Funding" to now read as follows: "4) Contract Sum AND Funding "4.1 The City agrees to pay Artist a fixed sum not to exceed Seventy-Five Ninety Thousand dollars and no cents ($90,000) for work completed under this Agreement which shall include Artwork cost consisting of design development, consultation, professional fees, labor, materials, fabrication and Installation." 4. Amend Section 5, "Payments" to now read as follows: "5) Payments Payment shall be paid in the following installments, expressed as percentages of the fixed price, each installment to represent full and final payment for all services and material provided to payment thereof. 5.1 15%r 12.5% ($11,250.00) upon Notice to Proceed with design phase by the City's Administrative Agent and the Artist's submission to the City of any executed contracts and upon the Artist's submission of a properly completed invoice to the City. 545.2 25% 20.84% ($18,750.00) upon acceptance of final Design Proposal and Notice to Proceed with fabrication by the City's Administrative Agent and upon the Artist's submission of a properly completed invoice to the City. 5 25.3 25%28.33% ($25,500.00) at fifty percent (50%) completion of the project upon proof of attaining 50% completion by the City's Administrative Agent and upon the Artist's submission of a properly completed invoice to the City. 5 25.4 25%28.33% ($25,500.00) at full completion of fabrication and notification to the City by the Artist that the Work is ready to ship to Tamarac, upon proof of attaining this requirement by the City's Administrative Agent and upon the Artist's submission of a properly completed invoice to the City. 5:45.5 10% ($9,000.00) after installation, completion and approval of the project, upon proof of final project completion by the Administrative Agent and the Artist's submission of proof of completion and all documents to be provided by Artist upon completion, and upon the Artist's submission of properly completed invoice to the City. TAMARAC The City For Your Life City of Tamarac Purchasing& Contracts Division 5,55.6 The City reserves the right to review and inspect all work incorporated into the project, and shall only pay for work approved by the City. This provision shall be subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218." Remainder of Page Intentionally Blank TAMARAC The City For Your Life City of Tamarac Purchasing&Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and ARTIST, duly authorized to execute same. CITY OF TAMARAC J. ik :e; Michelle J. Gomez Mayor D ATTEST: Michael C. Cernech City Manager Jen fer Jo?so: n, C Date: y Clerk /- 3_ , -G).a Approved as to form and legal sufficiency: DatefPri /" r Samuel S. Goren, City Ai•rney Pkt/ 2_& 2--()- Date ATTEST: Szaboworks Inc. Artist Keith Harker Michael Szabo, CEO 0_44,. �7' /ye-r- 7/27/2020 Date Wendy Lynn Hermes TAMARAC The City For Your Life City of Tamarac Purchasing& Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF VIRGINIA :SS COUNTY OF CHESTERFIELD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Michael Szabo, CEO of Szaboworks, Inc., a California Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. 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