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R08-144 I 1 RESOLUTION NO. R08- (a..J"f 2 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, 7 APPROVING AN AGREEMENT TO HIRE A PUBLIC 8 ARTIST BETWEEN THE CITY OF BOYNTON BEACH 9 AND ART AND CULTURE GROUP, INC., FOR THE 10 CREATION OF A SCULPTURE FOR THE JAYCEE II P ARK INTERPRETIVE ART MARKERS IN THE 12 AMOUNT OF $44,875.00; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, Jaycee Park is participating in the Public Art Ordinance 07-002 by 17 contributing to the creation and implementation of Interpretive Public Art Markers; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 20 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach 21 and Art and Culture Group, Inc., in the amount of $44,875.00 for the creation of a sculpture 22 for Jaycee Park Interpretive Public Art Markers. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and authorize the execution of the Agreement between the City of Boynton 29 Beach and Art and Culture Group, Inc., in the amount of $44,875.00 for the creation of a 30 sculpture for Jaycee Park Interpretive Public Art Markers, a copy of said Agreement is S :\CA \RESO\AgreementSJaycee Park - Pub] ic Artist( sculpture). doc I I attached hereto as Exhibit "A". 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this ~ day of December, 2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 hW~ 8 9 10 II 12 13 14 15 16 17 18 19 ~._",. 20 21 22 ATTEST: 23 24 25 26 27 28 29 30 31 S:\CA\RESO\AgreementSJaycee Park- Public Artist(sculpture).doc AGREEMENT Roe - ,..,&.1 ~~ , 2008, is by and THIS AGREEMENT, dated the ,,\ day of \)e.c.e.<V'\ ne. ~ between: CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY", and Art and Culture Group, Inc. with an address of 66 Saint James Drive, Palm Beach Gardens, Florida 33418 in hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the Public Art Ordinance 07-002; and WHEREAS, CITY desires to obtain professional services from ARTIST for the creation of a sculpture for the Jaycee Park Interpretive Public Art Markers; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the sculpture in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art elements for the CITY; and WHEREAS, the CITY desires to commission the ARTIST to create public art elements; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. Page 1 of8 ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create public art elements described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The public art elements shall be located at such location within the CITY as designated by the CITY. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art elements, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CITY recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or modify the public art elements, where the modification or distortion would prejudice the ARTIST'S and collaborators honor or reputation. 2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public art elements, in any manner the CITY sees fit. The CITY agrees not to sell the public art elements to a third-party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental entity or to a not for profit corporation. 2.8. The CITY agrees to give the ARTIST and collaborator full acknowledgement and credit as the creator of the public art element, with the placement of a plaque or similar object on and/or near the public art elements. 2.9. The value of the public art elements is established when the price of the art is commissioned. 2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the public art elements for installation. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CITY. 2.12 ARTIST warranties the final product against all defects in workmanship and materials for a period of one year. Page 2 of 8 ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The public art elements shall be produced to the CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CITY is located. The quality of the completed materials is a matter of prime importance and shall meet all applicable industry standards. The CITY shall have the right to approve and/or reject the public art elements or any portion thereof. The display, ofthe public art elements shall be subject to the sole discretion of the CITY. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Jaycee Park Interpretive Public Art Markers elements dated October 28, 2008, a copy of which is attached hereto as Exhibit "A". 3.4 ARTIST is required to coordinate with construction project management to prepare, install and complete the public art project. City is not responsible for negotiating, coordinating or managing the public art project timeline. Public Art Administrator will monitor the project and from time to time document the public art projects process. Project is estimate to begin January 2009 with a completion date estimation of September 1,2009. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the Jaycee Park Interpretative Public Art Markers elements dated October 30, 2008, a copy of which is attached hereto as Exhibit "A". Page 3 of 8 ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or ARTIST may request changes that would increase, decrease or otherwise modifY the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt ARTIST, written on ARTIST's letterhead. Page 4 of8 7.2. 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' 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' 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. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. F or the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CITY designate the following as the respective places for giving of notice: Page 5 of8 CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 1 ,- ~ \ ARTIST:__ \ l ~\ \ \\. \-. Q.~~Y\..o...uC4'-Z-. A~ ~ C \./.-\ -k~~~ (~'^-- P 1:1.\C, \ N &2 (cJ "St. ~c~e.:. '(J{'-\~~ ~~~()..~ CtClt-o.~rL Telephone No. 5(0\ - (t7:J:).- q gsq.~ :>.5 4 \ B 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Page 60f8 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights After final acceptance of the artwork by the CITY, the following ARTIST' rights shall be guaranteed: · Maintenance of public artworks shall be the responsibility of the CITY or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST and collaborator on major repairs. · The artwork shall not be altered, modified, removed or relocated from a site integral to the concept for the work without first consulting with the ARTIST and collaborator, if reasonably possible. If a work, nevertheless, has been significantly altered, the ARTIST and collaborator shall have the right to disclaim authorship. · Copyright of the artwork shall belong to the creator( s), but the CITY or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY CITY OF BOYNTON BEACH, FLORIDA: p~ PRAINITO ..CITY CLERK BY: ~ u)/~ KURT BRESSNER, CIT {to<JC (l7~' Page 7 of 8 ARTIST WITNESSES: ~~11~ Col-('~--VDIo~ S~;:::RID~ . sS. COUNTY OF ~"^ ~; . BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared L\Jc..'/ K€. ~\-\~VAR."'2 as ~ "'(\ ')\ of k.:r ~. ~'-~~ who is personally known to me or who has produced rLA,. ~""~\ ~~~E. as id~tification, and acknowledged executing the foregoing Agreement as the proper official of ~~ \~ for the use and purposes mentioned therein and that the instrument is the act and deed of t-.i ( ~ IN WITNESS OF T~ FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this \. day of ~Q"""""4~ ' 20ffit. '~ Notary PIilIic SInt of Florida ~\.~. ~j<o'< (Signature of Notary bli State of Florida) . . Debbie A RllImenyder ~ ~O:E A. '\; 'I My Commission 00495810 ~SN 'bE:1\.. or f\l Expires 12J0212OO9 (Print, Type or Stamp Commission Name of Notary Public) Page 8 of 8 "...... ~...,..n ~ ~-~ _. ~ \-, ~. '" t f , ,. t: t~ . ... ,~---- ('?' Project OvervIew Art in Public Places Recreation and Parks Department Jaycee Park The City of Boynton Beach purchased Jaycee Park in 2004 and has completed facilities upgrade and native plant landscaping. Through site interpretation planning and public art, we are creating an holistic experience at Jaycee Park that will educate and inspire visitors to understand estuary ecology and its direct connection to the Gulf Stream ecosystem and Boynton Beach's rich fishing and cultural heritage. The Interpretive Public Art Marker Proposal provides a blueprint to produce a sequential loop trail of Interpretive Public Art Markers - a creative site interpre- tive design linking programmatic, recreational and passive usage of the park in an educational and aesthetic manner The Collaborative Journey... and why pilings, coquina rock, decking with interpretive panels: At the start, it seemed mangrove mitigation would be the story line for this project. However, the collaborative journey has brought us to a much more exciting and larger conclusion - the story of the significant connection between the coastal waterway environment and the existence of this place we know as Boynton Beach. Through our research of the written, oral and visual history of this distinctive place, we found there to be an essential relationship between the coastal waterways alongside Boynton Beach and with its beginning, sustenance, growth and continued health. It was these discoveries that lead us to answer the design question: Why mangrove mitigation at the Jaycee Park and how does this fit into this particular place and time? We also discovered that this history and the obvious connection to the present and future are no longer apparent as the city has grown and "modernized" in the last couple of decades. We felt honored with the opportunity as well as obligated to incorporate our treasure of findings into this project. Given the story that needed to be told, the rich history to draw from and the need for the public art in the park to be both interactive and low maintenance; it was agreed that pilings, coquina rock, decking, carved I glazed tile and high pressure laminate interpretive panels would be the perfect media for the interpretive public art markers. These building materials immediately give visual reference to the strong ties between the coastal waterways, coastal estuaries and Boynton Beach. These materials also offer a multitude of opportunities to encourage more interaction with the interpretive message; allow the public art to be functional, site specific and touchable; and create more areas of interaction within the park while complementing the wonderful new facilities and landscaping. 2 s\te MaP ~ l>l tpJ>()>~ ll" """"",,"," "'~i -- ,,-' ~ ,t ,.",,* -r- ~,~. \ ~~~~;...."; ",;",~i.: .-,.;A\.....t\~ . \ ~t~ '.,',....,~. .f,,~ \~",,/('iA \ ,t (. ..'.. ....'.'. .. :' ' , .. .... ''/'I,.... '" .... ..\ . '! '..: , . .---L- ',' . _ \~ .~r,~r."":';,"t ...r"~.",..--~ ~ ~......tl~ " ' ......._'!IIft/I(f - ---7 -. -~- ----" '-';~. _ ~.-C--._' rtoJIE '" """ Public Art Concepts and Interpretive Story Content Phase One Location 4.0 Estuary overlook by Fiddler Crab Pavilion, side path 2 NOTE: Bench is not included in Phase One Title: Estuary Ecology Topics: Who lives here? Mangrove and sea grass ecosystems, Species examples, common and rare. Why is it important? Biological productivity, base of marine food chain, value as habitat, nursery of the sea, value as resource for human needs- economic, recreational and enjoyment of nature. What is a created/restored wetland? Details and value of mitigation. Expand on details of species connection to near-shore marine ecosysteml Gulf Stream Elements: Coquina rock and wood will be combined to provide seating. Two interpretive panels will be mounted on metal posts and set in coquina rock to resemble marine signage. This interpretive public art marker can be used for multiple purposes: a place for people to sit and contemplate the information contained in the interpretive panels or a place to visually connect with the water immediately to the east, mangroves immediately to the south and park activities to the west. The elements of this location are also designed to create the needed "teaching place" for the group tours by providing seating. It also provides an informal and additional gathering place within the park. 4 Public Art Concepts and Interpretive Story Content Elevation and Plan View Phase One Location 4 .'--- .... - :: 7' : ;'t \ .; ,>.,', - r.... L- " , -- -~ ~ . ,.. i. k ..~ ,k___ , '" \ Plan View ~--~ -~---~~- '-- \~ " ~ ' > ., 0:'" <T\f\,- . " J. NOTE: Bench is not included in Phase One l-,-,~,c.~~' ' '_~"r,_..>"._~ ~ Public Art Concepts and Interpretive Story Content Phase One Location 5.0: T op/eastern center of loop trail " . , '.: .\ '. w ..... ... '. . ' , I ' : ,. ,..f - ~ ,'. . ~. ., " " " ' . ", - , . .' ., '. , ~,~~ -- \'. ...': " ^ , ---.-:----- - - - Title: Gateway to the Gulf Stream Topics: Experiencing the connection between estuary, Boynton Inlet, Gulf Stream and marine ecology and Boynton's fishing legacy Elements: "Schooling: from estuary to Gulf Stream" Schooling fish symbolically connect the estuary (location 4) to the Gulf Stream (location 7). located on the east side of the park between the concrete walking path and mitigation area, two large coquina rocks will be secured in the ground. One rock will be approximately 5' high by 3' wide above grade and the other rock will be approximately 3' high by 5' wide above grade. Carved and glazed tiles will be custom made to fit each rock, The subject matter will be schools of fish that inhabit the areas of the estuaries and Gulf Stream; making the visual connection and linking the importance of the estuary to the health of the larger coastal region. The tiles will be intriguing and touchable up close and afar as well as visible from nearly all points in the park. 6 Pu bl ic Art Concepts and Interpretive Story Content Phase One Location 5.0: T op/eastern center of loop trail . ,__ oCr' '. , -."' Proposal for costs associated with the creative development, production, fabrication and installation of Interpretive Public Art Markers Phase One . Jaycee Park Interpretive Public Art Marker Proposal Costs Costs associated with producing and installing interpretive public art markers to educate the public about onsite mitigation and its value and connection to the community. Phase I will include a portion of Location 4 (interpretive panels, panel posts and coquina rocks) and Location 5 as presented to the City of Boynton Beach in August 2008. Public Art Marker Fabrication and Installation - scope of work attached: Creation, construction and installation of: a portion of Location 4 and Location 5 public art marker locations using the following materials: coquina rock carved & glazed custom made tiles Includes labor for installation of coquina rocks and interpretive panels.... .$23,150 Fabrication and delivery of 2 mount plates with weatherable brown aluminum posts (2 each) and mounting hardware for panel/art markers at Location 4... ... ... .... ... ... ... .,. ... ... ........... '" ... '" ........$995 Structural engineer & construction drawings... ... ........ ..... ... ... ...... ... ... ...... .,. .....$3,000 Building permit fee.... ... ... ... ... .., ... '" ." .. . ... ... ....... '" ... '" ....... ... ... .., ........ ........ ..$0.0 Public Art consultant project management using three (3) subcontractors: manage engineering & construction drawings contract & coordination with 2 sub-contractors manage work & installation manage rock selection & installation completion of maintenance manual Total... ...... ......... ... ...... ... ..... ...... ...... ... '" ... '" ........ .... ,.. $1,.5.00 Sub-totaL.......... ......... .$28:645 8 Proposa I for costS-Phase One continued '} Interpretive panel design and production- specifications attached: Research and content development for each layout Conceptual and final designs for each layout Copy writing Copy editing Proofreading Image acquisition Image editing Image fees- one time usage fees Hi-resolution scans Revisions Graphic production File preparation for digital output 2 full panel layouts with 3 detail cut-out layouts Total. . . . . . . . . . . . . . . . . . , . . . . . . . , . , . .. . . . . . . . . . . . . . . . , . . . . . . .,. . . , . . . . . . . .. , . .. . . . . , ..,. . . $7,850 Interpretive panel package fabrication in High Pressure Laminate, includes design and addition of custom mounting hardware required f for art markers, proofs, wrapping, crating, shipping & handling.... ,....,.... .,.$2,020 Site Interpretation consultant project management includes contracting fabricator and signage mounting supplier, co-ordinating production, delivery and installation of interpretive panels and collaboration with Public Artist to determine art marker placement on site at time of instalL..... .., ... ...$2,280 ~ Subtotal................. ... ..$12,150 Contingency 10% based on selected art marker option... .... .. .,. ,., . . " ., . ,.. . .$4,080 TOTAL $44.875 9 Proposal for coStS-Phase One ( continued) NOTES 1) Prices may be valid 60-90 days only and are subject to change. 2) Custom tiles and interpretive panel design, production and fabrication are for the specific approved locations of 4 (partial) and 5, based on our agreed storyline and content and the desired park visitor experience. Cost will vary with change in content, quality or additional revisions. 10 Project Description / Scope of Work Specifications for Vendor Estimates Phase One Public Art Marker desian. fabrication and installation - scope of work: Location 4 - . Two interpretive panels will be mounted on aluminum posts. . Included in price is the labor to install two panels, approx. 30"x22" & 28"x21", onto aluminum posts and into ground. Fabrication of panels & posts will be done by others and mounting mechanics will be provided. . A total of five coquina rock to be placed at base of aluminum posts: 4 Coquina rocks @ 3 %' to 4' w x 1 %' d x 18" to 24" h 1 Coquina rock @ 3 %' w x 1 %'d X 3' h Placement of 5 coquina rocks Location 5 - . 2 Coquina rocks: one approximately 7' x 3' placed vertically and one approximately 5' x 5" placed horizontally. . Installation of two large coquina rock . Coquina rocks partially cut to acquire smooth surface for application of clay tiles, . Carved and glazed tiles will be custom made to fit each rock. Includes design, testing of clay & glaze, fabrication, glazing, 2 firings and installation of tiles onto rocks. Interpretive panel desian and production- scope of work & specifications: Location 4 - Scope of Work: Complex Copy: up to 10 lines of copy, Graphics: 3-8 images Full range of graphic design with image and text manipulation. Includes a combination of the following: text wrap and altering, image alteration with Photoshop or similar program, image cut-outs, ghosting, reversing and sizing images, background treatments such as shading, gradation, texture, shadowing, custom designed background, etc. Panel Specifications: 1 30"x 22", %" thick, rounded corners w/2 10"x 10" % " cut-out rounded shapes, top mounted (mangrove canopy detail, estuary/intertidal detail) Backed by welded metal plate recessed 8" from panel edge w/8 drilled ir tapped holes to mount on 2 Powder coated aluminum legs w/tamper-proof hardware 1 28"x 21", %" thick, rounded corners w/12"x 10" %" cut-out rounded top mounted (schooling fish) Backed by welded metal plate recessed 2' from panel edge w/8 drilled w. tapped holes to mount on 2 Powder coated aluminum legs w/tamper-proof hardware 11 Maintenance and Materials Pages Phase One INTERPRETIVE PUBLIC ART MARKERS CLEANING AND MAINTENANCE Materials used: Coquina Rock; carved, glazed tiles and High Pressure Laminate (HPL) interpretive panels. In general these materials are low maintenance to maintenance free. Normal rain water and community use will help keep surfaces clean. Recommend inspection at least once per year to check for: . vandalism . wear and tear, such as loose bolts/screws . build-up of vegetation, such as falling leaves, which should be removed. . irrigation water should never be allowed to hit interpretive public art markers as this could cause staining and other negative side effects over time. HPL Interpretive Panel Cleanino and Maintenance Cleaning . Mild soap and water is always best for general cleaning. Rinse with clean water after washing. DO NOT use abrasive cleaners, acids or acetone. They will dam- age the surface of the panel. . Graffiti (paint, crayon, felt tip markers, etc.) can be removed using organic solvents, such as Simple Green, Goof-off, or similar non-abrasive, citrus-based cleaners. . Very stubborn graffiti may require stronger solvents, such as mineral spirits. DO NOT use lacquer thinner or acetone, as they will damage the surface of the panel. Always rinse with clean water after cleaning. . Minor blemishes, nicks, abrasions, burns, or light scratches can be concealed using a polymer -based boat or car wax. Maintenance . Edges should be wiped with a liquid wax, like Thompson's Water Seal annually. This helps re-moisturize the core edges and maintains the black color of the edge. . Occasionally wiping a cleaned graphic face with a polymer-based boat or car wax will assist in removal of graffiti and dirt. 12 Maintenance and Materials Pages Phase One continued \ INTERPRETIVE PUBLIC ART MARKERS CLEANING AND MAINTENANCE (cont.) Cleanino instructions for carved. olazed tiles . Using mild soap and water, clean surface using a soft nylon brush. . Rinse well with clean water. . DO NOT use any abrasive cleansers or wire brushes - these will scratch surface of the tile. . In the case of graffiti, any solvent that can be used on glass and concrete can be used on glaze and grout. . Inspect at least once per year . Clean as needed 13 Design Team The Jaycee Park Interpretive Art Markers Project is a collaboration between the City of Boynton Beach Department of Recreation and Parks, Art in Public Places and Historical Archivist, Wisdom through Wonder, Inc. and Art & Culture Group, Inc. Linda Emerson, Wisdom through Wonder, Inc. Lucy Keshavarz, Art & Culture Group, Inc. Martha Blumel, Envision Graphic Design, Inc. 14 Estimated Timellne Jaycee Park Interpretive Public Art Markers Day 1 - 3: Execution of Contract . Contract is signed by CITY and ARTIST, First payment received by ARTIST (50% of total contract amount). . CITY provides ARTIST with Soil & Geotechnical Evaluations of Jaycee Park, . Contract is signed by ARTIST and INTERPRETIVE CONSUL T ANT (Wisdom through Wonder). First payment received by INTERPRETIVE CONSUL T ANT after ARTIST receives first payment from CITY (50% of Interpretive Panel costs) Day4-14: . ARTIST contracts with primary sub-consultants and sub-contractors: Structural Engineer EarthArtists Clay Studio . INTERPRETIVE CONSULTANT completes panel mount design. Day 15 - 45: . Structural Engineer completes review of conceptual documents for Phase I of Jaycee Park Interpretive Public Art Markers and creates construction drawings for location #4 . ARTIST completes research and testing for tiles . ARTIST contracts with secondary sub-contractors: Rock supplier Installer . INTERPRETIVE CONSULTANT completes Conceptual Design layout for CITY Review . INTERPRETIVE CONSUL T ANT completes Draft and Final copy writing . INTERPRETIVE CONSULTANT completes First Draft of panel design for CITY review . Rocks are delivered to site and installed Day 46 - 60: . ARTIST begins work on tiles once rocks are installed on site; make template of rocks and completes detail drawings. Review of drawings by Public Art Administrator, . INTERPRETIVE CONSUL T ANT completes Final Design and digital files for panel fabrication Day 60 or at completion of above tasks - Second payment received by ARTIST (25% of total contract amount plus any City approved contingent items). Day 60 -150: . Fabrication of tiles takes place. Includes periodic reviews by Public Art Administrator. . Building permit for interpretive Panels I Posts submitted 15 Estimated Timeline Jaycee Park Interpretive Public Art Markers . INTERPRETIVE CONSULTANT co-ordinates fabrication, delivery and installation of panel mounts and interpretive panels as art marker component. . Interpretive Public Art Marker for location #4 is completed . Interpretive Public Art Marker for location #4 accepted by City of Boynton Beach Day 150 or at acceptance of location #4 by City of Boynton Beach - Third payment received by ARTIST (12% of total contract amount plus any City approved contingent items.) Day 151 -175 . Fabrication of tiles for location #5 completed. Final review by Public Art Administrator. . Installation of tiles completed . Provide Maintenance Addendum (includes manufacturer and material details) . Interpretive Public Art Marker for location #5 is completed . Interpretive Public Art Marker for location #5 accepted by the City of Boynton Beach. Day 175 or at acceptance of location #5 by City of Boynton Beach - Fourth and final payment received by ARTIST (13% of total contract amount plus any City approved contingency items). NOTES: This timeline is an estimate of how long each task should take based on ARTIST'S professional experience and the experience of ARTIST'S subcontractors as well as current circumstances. However, ARTIST cannot accurately account for actual avail- ability of subcontractors and materials until contract is executed between CITY and ARTIST. Actual time may vary. Coquina rocks are coming directly from a quarry in Northeast Florida and the specified size rocks mayor may not be available at time of order. If the company needs to dig for specified rock then there will be 2 to 4 weeks added to the timeline. The timing for fabrication of tiles is based on availability of ARTIST and subcontractor (EarthArtists Clay Studio) to work a combined time of 30 hours per week within a five day work week. This estimate does not account for conflicts in scheduling due to over- all delays, prior commitments, holidays or acts of God. Actual time may vary. It is the ARTIST'S understanding that the City of Boynton Beach will require a building permit for the Interpretive Public Art Panels and Posts only. The timeline includes a 30 day turn around time for the building permit. Any additional requirements by the City for Phase I of the Jaycee Park Interpretive Public Art Markers, may require more time for project completion and increase costs. 16 The City of Boynton Beach CITY MANAGERS OFFICE Public Art Administrator 100 E, Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33425 phone (561) 742-6026 fax (561) 742-6089 e mail colesdobayd@cLboynton-beach.fl.us www.boynton-beach.org November 20, 2008 Lucy M. F. Keshavarz Art & Culture Group, Inc. Palm Beach Gardens, Florida office/fax: 561-622-9892 cell: 561-315-2602 1 ucyk@'artculturegroup.com Lucy, This letter serves as an approval for your company, Art and Culture Group, Inc. to sub- contractor/sub-consultant with the following companies for the Jaycee Park Interpretative Public Art Market project: Interpretative Consultant and Collaborator: Linda Emerson Wisdom through Wonder 3412 Cove Road Jupiter, Florida 33469 561 741 1214 wonder@mindspring.com Sub- Contractors: Tracy Rosof-Petersen EarthArtists Clay Studio 331 South Lakeside Drive Lake Worth, FL 33460 561-585-1411 _ City of Boynton Beach . Art in Public Places ,L. Enriching our Community through Public Art The City of Boynton Beach CITY MANAGERS OFFICE Public Art Administrator 100 E. Boynton Beach Blvd. P.O, Box 310 Boynton Beach, FL 33425 phone (561) 742.6026 fax (561) 742-6089 e mail colesdobayd@cLboynton-beach,fLus www,boynton-beach,org Bijan Parssi, PE Botkin Parssi & Associates, Inc. 6141 Lake Worth Road Lake Worth, FL 33463 561-965-1957 Sincerely, Debby Coles-Dobay Public Art Administrator Cc: Lori La Verriere, Assistant City manager James Cheroff, City Attorney City of Boynton Beach . Art in Public Places Enriching our Community through Public Art CITY CLERK'S OFFICE MEMORANDUM TO: Debby Coles-Dobay Public Arts Administrator FROM: Janet Prainito City Clerk DATE: December 23, 2008 RE: R08- 144 Agreement between the City of Boynton Beach and Art a. Culture Group Attached for your handling is the partially executed agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. Please contact me if there are any questions. Thank you. ~ Yn. p~ Attachments (2) S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2008\Debby Coles-Dobay R08-144.doc