R08-144
I
1 RESOLUTION NO. R08- (a..J"f
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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.
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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
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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.
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6 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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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
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ARTIST:__ \ l ~\ \ \\. \-. Q.~~Y\..o...uC4'-Z-.
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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:
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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
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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.
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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
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J. NOTE: Bench is not included in Phase One
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Public Art Concepts and Interpretive Story Content
Phase One
Location 5.0: T op/eastern center of loop trail
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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.
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Pu bl ic Art Concepts and Interpretive Story Content
Phase One
Location 5.0: T op/eastern center of loop trail
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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