HomeMy Public PortalAbout2013-40 Approving the design and installation of artwork, agreement with Jim DrainRESOLUTION NO. 2013-40
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING THE DESIGN AND
INSTALLATION OF ARTWORK WITHIN THE VILLAGE
GREEN; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN AGREEMENT WITH JIM DRAIN RELATED
TO THE SAME; PROVIDING FOR A WAIVER OF
COMPETITIVE BIDDING; AND PROVIDING FOR AN
ENFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") created the
Art in Public Places Board (the "Board") to recommend artwork for acquisition by the Village; and
WHEREAS, the Board has reviewed several proposals for artwork within the Village Green
and has recommended the "Pleated Sundial" designed by Jim Drain as provided in the Board report
attached as Exhibit "A" (the "Artwork Proposal"); and
WHEREAS, the Village Council has reviewed the Artwork Proposal and desires to enter
into an agreement with Jim Drain for the design and installation of the proposed artwork at a cost
not to exceed $69,800; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Village Green Artwork Approved. That the Village Council hereby
approves the "Pleated Sundial" artwork designed by Jim Drain to be installed within the Village
Green at a cost not to exceed $69,800.
Section 3. Authorization. That the Village Manager is hereby authorized to
execute the attached Agreement with Jim Drain for the design and installation of the above
referenced artwork, in substantially the form attached hereto as Exhibit "B," subject to approval as
to form, content, and legal sufficiency by the Village Attorney.
Section 4. Waiver of Competitive Bidding. That the Village Council finds that this
contract is for professional services and waives competitive bidding pursuant to Section 2-87(2) of
the Village Code.
Section 5. Effective Date. That this Resolution shall be effective immediately
upon adoption hereof.
PASSED AND ADOPTED this 22nd day of October ,
R FRANKI<, `H. CAPLAN
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
VILLAGE ATTMN'EY
EXHIBIT "A"
(Attach Proposal of Jim Drain)
Jim Drain's Artist Statement: "Pleated Gnomon"
"Pleated Gnomon" speaks to the rich history of Key Biscayne and in particular
Village Green Park. Inspired by Mashta House, the palatial estate built by W.J.
Matheson that as historian Joan Blank commented, "once seemed to float like
Cleopatra's barge" on a protected Key Biscayne inlet, artist Jim Drain celebrates
both the monumentality of Mashta as well as the light -play of Mashta's golden
walls. "Pleated Gnomom" is a site -specific sculpture that utilizes reduced forms
to showcase the same tropical light and shadow that once bathed the Moorish
style architectural gem.
The sculpture is constructed from stacked blocks of white marble terrazzo
embedded with solid rods of colored glass. As daylight passes, the sunlight
illuminates the colorful rods creating a matrix of shimmering dots of colored light.
This colorful illumination is reflected onto the surface of the stainless steel 'pleats'
that repeatedly run the length of the form. The vertical pleats provide the
structure for the entire work, separating each column of stacked terrazzo. At
night, rows of LEDs embedded flush to the surface of the terrazzo base will
continue to spotlight "Pleated Gnomon" and in particular light up the embedded
rods of glass.
"Pleated Gnomon" is also an active sundial. After meeting with FIU
astronomer, Walter Van Hamme, Drain designed the sculpture so that the work
could indicate solar time. As Van Hamme states, "There is one condition that
cannot be escaped: the sundial's stylus must be aligned with true North and
make an angle with the horizontal equal to the local geographical latitude...these
conditions align the stylus with the rotational axis of the Earth". The word gnomon,
literally meaning "one that knows and examines", refers to the pleated terrazzo
structure that casts a shadow, while the metal stylus points north at an angle of
25.69 degrees, the site's exact longitudinal measurement. As a sundial, "Pleated
Gnomon" provides possibilities for observation, teaching and engaging
audiences of all ages. The terrazzo base and adjacent circular benches allow for
seating and contemplation nearby the playground area so as to draw in the
public and broaden their outdoor experience.
"Pleated Gnomon" draws from the mysterious spirit and the grandness of
form of Mashta House. Drain's work is able to link the richness of history of Key
Biscayne while also providing the means for wonderment and learning for future
generations of Key Biscayne residents for many years to come.
Key Biscayne:
"Pleated
Gnomen"
1 BUDGET:
fabricator
items
Miami Nice
Floors,
Giancarlo
Sardone
Cutting the rods of glass to size
Casting the 3" x 12" x 12" blocks of glass -
embedded terrazzo blocks
Coordinating with Smith Parkins in thei
fabricating the blocks in exact specifications
to the other sculptural components.
Blocks will consist of: mother-of-pearl„
marble, translucent glass rods
$6,500.00
finishing the base and adjacent "stools"
with terrazzo
G
$7,000.00
I
Smith Parkins
The stainless materials fabricated and finished, ready
for assembly at the location.
Coordinating transportation of the finished
sculpture parts to Key Biscayne.
Aiding in guiding the contractor through the
various facets of the preparation of the
foundation.
Guiding the contractor through placing
mounts, and lights for the installation.
personally overseeing the assembly and the
installation of the sculpture itself; including
the necessary coordination with Miami Nice
Floors, the terrazzo fabricator.
$27,600.00
Lighting: Mike
Stern
http://www.sefl.cc/
$7,200.00
Engineer:
Frank Prieto
drawings of the work on site
$2,000.00
general
contractor: Rey
Valdes
permitting framing and pouring, 24" footer
(engineer's recommnendation pending),
liability insurance
$4,500.00
15%
Jim Drain
artist fee
$7,500.00
astronomer:
Walter Van
Hamme
consulting fee
$500.00
Katerina Llanes
project communication & coordinator
$3,000.00
8%
site -work
site preparation: source of electricity,
conduits of site, metal photo signage
$4,000.00
actual cost
$69,800,00
"Pleated Gnomon" TIMELINE
5 weeks
OFF -SITE FABRICATION:
*stainless steel components
*terrazzo blocks
PREPARATION:
*engineer drawings
*site sampling
*electrical coordination
5 days
ON SITE FABRICATION:
*installing metal and terrazzo
block components
*installing Tight/electrical
*foundation and adjacent stool
pour
8 days
TERRAZZO BASE:
terrazzo base finish
EXHIBIT "B"
(Lo cation Sketch - Village Green Pa rk)
STYLUS
CAPS TO CONCEAL
BOLTS FROM
HORIZONTAL RODS
GROOVE TO
FIT STYLUS
TERRAZZO
BLOCKS
ODETAIL
SCALE - 3/8" = 1'-0"
METAL
CAP
1!2" STEEL DIVIDERS
i1
L,t
3" X 3" STEEL STYLUS
11 0 1
RECESSED LIGHTS
CONCRETE [ 1A.SE
0
19'-8 5/8„
o�
o/dp
OPLAN
SCALE - 3/8" = 1'-0"
3" X 3" STEEL STYLUS
CAPS TO CONCEAL
BOLTS FROM
HORIZONTAL RODS
CAP TO CONCEAL
BOLTS FROM
HORIZONTAL RODS
1'X1'X3"CAST
TERRAZZO BLOCKS
c
CONCRETE BASE
i
IOW
OSIDE ELEVATION
SCALE - 3/8" = 1'-0"
STYLUS
STEEL SPACERS
METAL CAP
CONCRETE
BASE
OFRONT ELEVATION
SCALE - 3/8" = 1'-0"
STYLUS.
METAL. GAP
STEEL. SPACER
CONCRETE
BASE
OBACK ELEVATION
SCALE - 3/8" = 1'-0"
1
AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
JIM DRAIN
THIS AGREEMENT (this "Agreement") is made by and between the
VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation
(hereinafter referred to as the "VILLAGE"), and JIM DRAIN (hereinafter referred to as
the "CONSULT4N l'), whose principal place of business is
RECITALS:
WHEREAS, the VILLAGE desires to engage the CONSULTANT to design and
install the artistic "Pleated Gnomon Sundial Structure" at Village Green Park, including
the furnishing of all design, engineering, materials, equipment, labor and installation for
such work, as more specifically described in the CONSULTANT'S Proposal (the
"Proposal") attached to this Agreement as Exhibit "A" (hereinafter, the "Work" or
"Project");
WHEREAS, the CONSULTANT will retain and employ a general contractor,
fabricator and engineers, as necessary for the on -site fabrication and installation of the
Work, in accordance with the Plans/Drawings dated June 2, 2013.
WHEREAS, the Pleated Gnomon Sundial Structure is a site specific sculpture to
be installed at a designated location at Village Green Park, as approved by the Village, as
indicated on the location sketch attached hereto as Exhibit "B".
WHEREAS, the CONSULTANT is willing and able to perform the Work for the
VILLAGE in accordance with the terms and conditions set forth in the Proposal and this
Agreement; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises
and covenants set forth below, the VILLAGE and CONSULTANT agree as follows:
SECTION 1. SCOPE OF WORK
1.1 Agreement Documents. The Agreement Documents, which comprise the
entire agreement between the VILLAGE and the CONSULTANT concerning the Work,
consist of this Agreement (including any changes or amendments thereto), the Proposal
of the CONSULTANT attached hereto as Exhibit "A", and the Plans/Drawings dated
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June 2, 2013, the location sketch attached hereto as Exhibit "B", the Insurance
Certificates, and the Notice to Proceed, all of which are deemed incorporated into and
made a part of this Agreement by this reference and govern the Project. In the event of a
conflict among the foregoing Agreement Documents, this Agreement shall govern and
control. The Work as defined in Section 1.2 hereof and to be provided and performed
with respect to the Project shall be at all times subject to the requirements of the
Agreement Documents.
1.2 Scope of Work. Pursuant to the Agreement Documents, the
CONSULTANT shall provide and perform the Project. The Project shall include the
furnishing of all design, engineering services, labor, materials, tools, equipment,
machinery, superintendence, fabrication, installation and work necessary for the Project
to provide a turnkey installation and fully functional and operational Pleated Gnomon
Sundial Structure. The CONSULTANT'S Work shall be subject to inspection and
approval by the VILLAGE, which shall indicate any portion of the Work that needs to be
addressed or corrected and the CONSULTANT shall address and complete same in a
timely manner.
1.3 The CONSULTANT shall expend all necessary efforts to competently,
skillfully and timely implement and complete the Project.
SECTION 2. CONTRACT PRICE; PAYMENTS TO THE CONSULTANT
2.1 Fees; Payment; As full compensation for the satisfactory performance
and installation of the Work, the VILLAGE shall pay the CONSULTANT the total sum
of Sixty Nine Thousand Eight Hundred Dollars ($69,800.00) (the "Contract Price"),
which amount represents the Pleated Gnomon Sundial Structure, including off -site and
on -site fabrication of the Structure and terrazzo base, preparation of engineering
drawings, installation of all lighting and electrical for the structure by a licensed general
contractor, and any and all engineering services needed for the Work, as more fully set
forth in the Proposal attached hereto as Exhibit "A", including, the itemized Budget made
a part thereof in Exhibit "A". The Contract Price shall be full compensation to the
CONSULTANT for all services, labor, materials, equipment and costs for the completion
of the Project in full conformity with the Agreement Documents. The Contract Price shall
be payable in the following manner: (i) Deposit of 35% in the amount of $24,430.00 shall
be due from Village to Consultant within five (5) days of Notice to Proceed; (ii) Payment
of 25% in the amount of $17,450.00 upon issuance of building permit; (iii) Payment of
15% in the amount of $10,470.00 upon delivery of Pleated Gnomon Sundial Structure or
Artwork to site location at Village Green Park; and (iv) Final payment of 25% in the
amount of $17,450.00 upon insurance of Certificate of Completion and final approval and
acceptance by Village, including final approval and acceptance by the Art in Public
Places Board.
2.2 Suspension of Payment. In the event that the VILLAGE becomes
informed that any representations of the CONSULTANT provided pursuant to this
Agreement, are wholly or partially inaccurate, or in the event that the CONSULTANT is
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not in compliance with any terms or conditions of this Agreement, the VILLAGE may
withhold payment of sums then or in the future otherwise due to the CONSULTANT
until the inaccuracy, or other breach of this Agreement, and the cause thereof, is
corrected to the VILLAGE'S reasonable satisfaction.
SECTION 3. TERM/TIME OF PERFORMANCE
3.1 Term. The CONSULTANT shall be instructed to commence the Work by
written instruction from the VILLAGE in the form of a Notice to Proceed providing the
commencement date of this Agreement. This Agreement shall commence on the
commencement date indicated on the Notice to Proceed and shall continue in full force
and effect for a term of ninety (90) days as set forth in the Project Schedule attached
hereto as a part of Exhibit "A" or until final completion and acceptance by the
VILLAGE, unless otherwise sooner terminated pursuant to the terms of this Agreement
(the "Term"). All Work shall be fully completed by CONSULTANT, with final
acceptance and approval by the VILLAGE, within the Term.
3.2 Commencement. The CONSULTANT'S Work under this Agreement
and the time frames and schedule applicable to this Agreement shall commence upon the
commencement date indicated on the Notice to Proceed. The CONSULTANT shall not
incur any expenses or obligations or incur payment to third parties prior to the issuance of
a Notice to Proceed for the Project, and the CONSULTANT must receive the Notice to
Proceed from the VILLAGE prior to beginning the performance of the Work.
3.3 Contract Time. From and after the receipt of the Notice to Proceed, the
CONSULTANT shall continuously perform the Work to the satisfaction of the
VILLAGE, with faithfulness and diligence and without interruption, for the duration of
the Term and in accordance with the Project Schedule attached hereto as part of Exhibit
"A" (the "Contract Time"). Time is of the essence in the performance of the Work and all
limitations of time set forth in this Agreement are of the essence.
SECTION 4. TERMINATION OF AGREEMENT
4.1 Termination. The VILLAGE has the right to terminate this Agreement
for convenience and for any reason or no reason, in whole or in part, upon fifteen (15)
days' written notice to CONSULTANT. Upon termination of this Agreement, and final
payment of any undisputed outstanding amounts due for the Work rendered by the
CONSULTANT prior to and through the date of the notice of termination, copies of all
records, charts, sketches, studies, plans, drawings, and other documents related to the
Work performed under this Agreement, whether finished or not, shall be turned over to
the VILLAGE within ten (10) days.
4.2 Termination for Default. If CONSULTANT fails to timely begin the
Work, or fails to perform the Work with sufficient workers and equipment or with sufficient
materials to insure the prompt completion of the Work according to the Contract Time and
this Agreement, or shall perform the Work unsuitably, or cause it to be rejected as defective
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and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted
schedule , or if the CONSULTANT shall fail to perform any material term set forth in the
Agreement Documents, or if CONSULTANT shall become insolvent or be declared
bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for
the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in
an acceptable manner, VILLAGE may, upon seven (7) days written notice of termination,
terminate the Work of CONSULTANT, exclude CONSULTANT from the Project sites,
provide for alternate prosecution of the Work, appropriate or use any or all materials and
equipment on the Project site as may be suitable and acceptable, and may perform the Work
by whatever methods it may deem expedient. In such case, CONSULTANT shall not be
entitled to receive any further payment. All damages, costs and charges incurred by the
VILLAGE, together with the costs of completing the Work, shall be deducted from any
monies due or which may become due to CONSULTANT. In case the damages and
expenses so incurred by VILLAGE shall exceed monies due CONSULTANT from the
VILLAGE, CONSULTANT shall be liable and shall pay to VILLAGE the amount of said
excess promptly upon demand therefore by VILLAGE. In the event it is adjudicated that
VILLAGE was not entitled to terminate the Agreement as described hereunder for default,
the Contract shall automatically be deemed terminated by VILLAGE for convenience as
described below.
4.3 Payment after Termination. Provided that the CONSULTANT has
performed in accordance with the terms of this Agreement as of the date of termination
pursuant to Sections 4.1 and 4.2 above, CONSULTANT shall receive all payments due to
CONSULTANT for Work rendered and accepted prior to and up to the date of
termination.
SECTION 5. ADDITIONAL WORK AND CHANGES IN SCOPE OF WORK
5.1 Changes Permitted. Changes in the Work or the Project consisting of
additions, deletions, revisions, or any combination thereof, may be ordered by the
VILLAGE by Change Order (as defined below) without invalidating the terms of this
Agreement.
5.2 Change Order Defined. "Change Order" shall mean a written order to
the CONSULTANT executed by the VILLAGE, issued after execution of this
Agreement, authorizing and directing a change in the Work, the Project, the Contract
Price, the Contract Time, or any combination thereof.
5.3 Effect of Executed Change Order. The execution of a Change Order by
the VILLAGE and the CONSULTANT shall constitute conclusive evidence of the
CONSULTANT'S agreement to the ordered changes in the Work or the Project, or an
adjustment in the Contract Price or the Contract Time, or any combination thereof. The
CONSULTANT, by executing the Change Order, waives and forever releases any claim
against the VILLAGE for additional time or compensation for matters relating to or
arising out of or resulting from the Work included within or affected by the executed
Change Order.
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SECTION 6. SURVIVAL OF PROVISIONS
Any terms or conditions of this Agreement that require acts beyond the date of the
Term, shall survive termination of this Agreement, and shall remain in full force and
effect unless and until the terms or conditions are completed and shall be fully
enforceable by either party.
SECTION 7. VILLAGE'S RESPONSIBILITIES
7.1 The VILLAGE will assist CONSULTANT by placing at its disposal all
available information as may be requested in writing by the CONSULTANT relating to
the Project and allow reasonable access to all pertinent information relating to the Work
to be performed by CONSULTANT.
7.2 The VILLAGE shall furnish to CONSULTANT, at the CONSULTANT'S
written request, any available maps, plans, existing studies, reports and other data,
pertinent to the Work to be provided by CONSULTANT, that are in possession of the
VILLAGE.
7.3 The VILLAGE shall arrange for access to and make all provisions for
CONSULTANT to enter upon public property under the control of the VILLAGE as
required for CONSULTANT to perform the Work.
SECTION 8. CODE OF ETHICS.
Intentionally Omitted.
SECTION 9. COMPLIANCE WITH LAWS; LICENSES; POLICY OF NON-
DISCRIMINATION/WAGES
9.1 The CONSULTANT and any and all of its agents, employees, including
the general contractor hired or employed to perform installation as part of the Work, and
subcontractors, shall comply with the terms and provisions of this Agreement and all
applicable federal, state, county and local laws, ordinances, rules, regulations and
procedural requirements applicable to the performance of the Work and operations
pursuant to this Agreement, including, but not limited to, Chapter 17 (Noise) of the
Village's Code of Ordinances regulating noise. The CONSULTANT is required to enter
upon the VILLAGE'S property to perform the Work pursuant to this Agreement and
shall obtain all necessary permits, licenses and insurance in connection with such Work
and access and right of entry. The CONSULTANT shall comply with all requirements
and the VILLAGE'S agreements with any other entity or agency which concern the areas
upon which the Work is to be provided.
9.2 The CONSULTANT, and the general contractor hired or employed to
perform installation as part of the Work, shall be licensed and certified by all appropriate
federal, state, county and local agencies. Prior to the commencement of the Work and at
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all times during the Term of this Agreement, CONSULTANT, and the general contractor
hired or employed to perform installation as part of the Work, shall procure and maintain,
at its sole cost and expense, and provide copies to the VILLAGE, all required permits,
licenses and certifications for the performance of the Work and the operations set forth in
this Agreement.
9.3 The CONSULTANT shall not discriminate on the grounds of race, color,
religion, sex, sexual orientation, age, marital status, national origin, physical or mental
disability in the performance of the Work under this Agreement. The CONSULTANT
shall comply with all equal employment opportunity requirements and any and all
applicable requirements established by state and federal law.
SECTION 10. OWNERSHIP OF DOCUMENTS
10.1 Any and all records, drawings and specifications, as instruments of the
Work be performed (the "Drawings and Specifications"), are and shall become the
property of the VILLAGE whether the Project for which they are made is executed or
not. The CONSULTANT shall be permitted to retain copies, including reproducible
copies, of the Drawings and Specifications for information and reference in connection
with the VILLAGE'S use and occupancy of the Project.
10.2 The CONSULTANT agrees not to divulge, furnish or make available to
any third person, firm or organization, without the VILLAGE'S prior written consent, or
unless incident to the proper performance of the CONSULTANT'S obligations
hereunder, or in the course of judicial or legislative proceedings where such information
has been properly subpoenaed, any non-public information concerning the Work to be
rendered by the CONSULTANT hereunder, and the CONSULTANT shall require all of
its employees, agents, subcontractors and general contractor hired or employed to
perform any installation as part of the Work, to comply with the provisions of this
paragraph.
SECTION 11. RECORDS/AUDITS
11.1 The CONSULTANT shall maintain and require all subcontractors,
including the general contractor hired or retained to perform installation as part of the
Work, to maintain, complete and correct records, books, documents, papers and accounts
pertaining to the Work. Such records, books, documents, papers and accounts shall be
available at all reasonable times for examination and audit by the VILLAGE Manager or
any authorized VILLAGE representative with reasonable notice and shall be kept for a
period of three (3) years after the completion of the Work. Incomplete or incorrect
entries in such records, books, documents, papers or accounts will be grounds for
disallowance by or reimbursement to the VILLAGE of any fees or expenses based upon
such entries. Disallowed fees will be paid when incomplete or incorrect entries are
remedied to the satisfaction of the VILLAGE.
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11.2 The CONSULTANT shall comply with Chapter 119, Florida Statutes, as
applicable.
11.3 Refusal of the CONSULTANT, and general contractor hired or retained to
perform installation as part of the Work, to comply with the provisions of Sections 11.1
or 11.2 shall be grounds for immediate termination for cause by the VILLAGE of this
Agreement.
SECTION 12. NO CONTINGENT FEE
The CONSULTANT warrants that he or she has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT to solicit or secure this Agreement and that he or she has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for the CONSULTANT any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, the VILLAGE shall have the
right to terminate this Agreement without liability and, at its discretion, to deduct from
the Contract Price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
SECTION 13. INDEPENDENT CONSULTANT
The CONSULTANT is an independent CONSULTANT under this Agreement.
Personnel provided by the CONSULTANT shall be employees of the CONSULTANT
and subject to supervision by the CONSULTANT, and not as officers, employees, or
agents of the VILLAGE. Personnel policies, tax responsibilities, social security, health
insurance, worker's compensation insurance, employee benefits, purchasing policies and
other similar administrative procedures applicable to the Work rendered under this
Agreement shall be those of the CONSULTANT.
SECTION 14. ASSIGNMENT; AMENDMENTS
14.1 This Agreement or the Work shall not be assigned, sold, transferred or
otherwise encumbered, under any circumstances, in whole or in part, by CONSULTANT,
without the prior written consent of the VILLAGE, in its sole and absolute discretion.
14.2 No modification, amendment or alteration in the terms or conditions of
this Agreement shall be effective unless contained in a written document executed with
the same formality as this Agreement by both parties.
SECTION 15. INDEMNIFICATION/HOLD HARMLESS
15.1 The CONSULTANT shall indemnify and hold harmless the VILLAGE,
and its officers and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the acts, omissions,
negligence, recklessness, wrongful conduct, acts, errors or omissions of the
CONSULTANT, subcontractors, the general contractor hired or retained to perform
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installation as part of the Work, or other persons employed or utilized by the
CONSULTANT in the performance of the Work pursuant to this Agreement. The
CONSULTANT'S obligation under this paragraph shall not be limited in any way by the
agreed upon Contract Price, or the CONSULTANT'S limit of, or lack of, sufficient
insurance protection.
15.2 The indemnification obligations under this clause shall not be limited in
any way by any limitation on the amount or type of damages, compensation, or benefits
payable by or for the CONSULTANT or any subcontractor, general contractors hired or
employed to perform any installation as part of the Work, or other persons employed or
utilized by the CONSULTANT in the performance of this Agreement, under worker's
compensation acts, disability benefit acts, or other employee benefit acts.
15.3 The CONSULTANT shall not specify or allow any subcontractor, the
general contractor hired or retained to perform installation as part of the Work, or other
persons employed or utilized by the CONSULTANT in the performance of this
Agreement to specify a particular design, process or product that infringes upon any
patent. The CONSULTANT shall indemnify and hold VILLAGE and its officers and
employees harmless from any loss, cost or expense, including reasonable attorney's fees
and costs incurred, on account thereof if the CONSULTANT violates the requirements of
this Section 15.
SECTION 16. INSURANCE
CONSULTANT and the general contractor hired or retained to perform any
installation as part of the Work, including all subcontractors hired or employed for the
Work, including the, shalt secure and maintain throughout the duration of this Agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to the VILLAGE, naming the VILLAGE as an Additional Insured,
underwritten by a firm rated A -X or better by A.M. Best and qualified to do business in
the State of Florida. The insurance coverage shall be primary insurance with respect to
the VILLAGE, its officials, employees, agents and volunteers naming the VILLAGE as
additional insured. Any insurance maintained by the VILLAGE shall be in excess of the
CONSULTANT'S and the general contractor's and subcontractor's insurance and shall
not contribute to such insurance. The insurance coverages shall include at a minimum
the following amounts set forth in this Section 16:
(a) Commercial General Liability coverage with limits of liability of
not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and
Property Damage This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under the
care, custody and control of CONSULTANT and/or the general contractor hired or
retained to perform any installation as part of the Work, including all subcontractors hired
or employed for the Work. The General Aggregate Liability limit (including
Products/Completed Operations) shall be in the amount of $2,000,000.
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(b) Workers Compensation and Employer's Liability insurance, to
apply for all employees for statutory limits as required by applicable State and Federal
laws. The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the
CONSULTANT or the general contractor hired or retained to perform any installation as
part of the Work, including all subcontractors hired or employed for the Work, shall be
allowed to provide Work pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
(c) Business Automobile Liability with minimum limits of $1,000,000
per Occurrence, combined single limit for Bodily Injury and Property Damage Coverage
must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non -Owned Vehicles.
(d) Builder's Risk property insurance upon the entire Work to the full
replacement cost value thereof. This insurance shall include the interest of Village and
CONSULTANT and the general contractor hired or retained to perform any installation
as part of the Work, including all subcontractors hired or employed for the Work, and
shall provide All -Risk coverage against loss by physical damage including, but not
limited to, Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief,
Windstorm and Flood.
(e) CONSULTANT acknowledges that it shall bear the full risk of loss
for any portion of the Work damaged, destroyed, lost or stolen until final completion has
been achieved for the Project, and all such Work shall be fully restored by the
CONSULTANT, at its sole cost and expense, in accordance with the Agreement
Documents.
(f) Certificate of Insurance. On or before the Effective Date of this
and prior to commencing of any Work, Certificates of Insurance as required by this
Section shall be provided to the VILLAGE, reflecting the VILLAGE as an Additional
Insured. Each certificate shall include no less than (30) thirty -day advance written notice
to VILLAGE prior to cancellation, termination, or material alteration of said policies or
insurance. The CONSULTANT and the general contractor hired or retained to perform
any installation as part of the Work, including all subcontractors hired or employed for
the Work, shall be responsible for assuring that the insurance certificates required by this
Section remain in full force and effect for the duration of this Agreement, including any
extensions or renewals that may be granted by the VILLAGE. The Certificates of
Insurance shall not only name the types of policy(ies) provided, but also shall refer
specifically to this Agreement and shall state that such insurance is as required by this
Agreement. The VILLAGE reserves the right to inspect and return a certified copy of
such policies, upon written request by the VILLAGE. If a policy is due to expire prior to
the completion of the Work, renewal Certificates of Insurance shall be furnished thirty
(30) calendar days prior to the date of their policy expiration. Acceptance of the
Certificate(s) is subject to approval of the VILLAGE.
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(g) Additional Insured. The VILLAGE is to be specifically included
as an Additional Insured for the liability of the VILLAGE resulting from Work
performed by or on behalf of the CONSULTANT and the general contractor hired or
retained to perform any installation as part of the Work, including all subcontractors hired
or employed for the Work, in performance of this Agreement. The CONSULTANT'S
insurance and all insurance provided by the general contractor hired or retained to
perform any installation as part of the Work, including all subcontractors hired or
employed for the Work, including that applicable to the VILLAGE as an Additional
Insured, shall apply on a primary basis and any other insurance maintained by the
VILLAGE shall be in excess of and shall not contribute to the insurance provided by
CONSULTANT and the general contractor hired or retained to perform any installation
as part of the Work, including all subcontractors hired or employed for the Work. The
CONSULTANT'S and general contractor's insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable policies) in the
same manner as if separate policies had been issued to each.
(h) Deductibles. All deductibles or self -insured retentions must be
declared to and be reasonably approved by the VILLAGE. The CONSULTANT and the
general contractor hired or retained to perform any installation as part of the Work,
including all subcontractors hired or employed for the Work, shall be responsible for the
payment of any deductible or self -insured retentions in the event of any claim.
(i)
Agreement.
(j) All insurance coverages and requirements set forth in this Section
16 shall be applicable and required of any general contractor and/or subcontractor hired
or retained by CONSULTANT to perform any part of the Work.
The provisions of this section shall survive termination of this
SECTION 17. REPRESENTATIVE OF VILLAGE AND CONSULTANT
17.1 VILLAGE Representative. It is recognized that questions in the day-to-
day conduct of this Agreement will arise. The VILLAGE designates the VILLAGE
Manager or his or her designee, as the person to whom all communications pertaining to
the day-to-day conduct of this Agreement shall be addressed.
17.2 CONSULTANT Representative. Before commencing any Work,
CONSULTANT shall designate a competent, authorized representative ("Authorized
Representative") acceptable to the VILLAGE to represent and act for CONSULTANT
and shall inform the VILLAGE, in writing, of the name and address of such
representative together with a clear definition of the scope of his authority to represent
and act for CONSULTANT. Such representative shall be present or duly represented at
the Project sites at all times when Work is actually in progress. All notices,
determinations, instructions and other communications given to the Authorized
Representatives of Consultant shall be binding upon the Consultant. The Authorized
Representative, project managers, superintendents and supervisors for the Project are all
10
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subject to prior and continuous approval of Village. If, at any time during the Term of
this Agreement, any of the personnel either functionally or nominally performing any of
the positions named above, are, for any reasonable cause whatsoever, unacceptable to
VILLAGE, CONSULTANT shall replace the unacceptable personnel with personnel
acceptable to the VILLAGE.
SECTION 18. PREVAILING PARTY COST AND ATTORNEY'S
FEES/WAIVER OF JURY TRIAL
18.1 If either the VILLAGE or CONSULTANT is required to enforce the terms
of this Agreement by court proceedings or otherwise, whether or not formal legal action
is required, the prevailing party shall be entitled to recover from the other party all costs,
expenses, and reasonable attorney's fees in any state or federal administrative, circuit
court and appellate court proceedings.
18.2 In the event of any litigation arising out of this Agreement, each party
hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by
SECTION 19. ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly it is agreed that no deviation from the terms of the
Agreement shall be predicated upon any prior representations or agreements whether oral
or written.
SECTION 20. CONSULTANT'S RESPONSIBILITIES
20.1 CONSULTANT warrants that the Work to be performed hereunder shall
be performed by the CONSULTANT'S own staff or employees, unless otherwise
approved in writing by the VILLAGE. The VILLAGE shall approve any and all
subcontractors, including the general contractor hired or retained to perform any
installation as part of the Work, providing Work to the VILLAGE pursuant to this
Agreement. Said approval shall not be construed as constituting an agreement between
the VILLAGE and said other person or firm. The CONSULTANT'S Work shall be
performed in a manner consistent with that degree of skill and care ordinarily exercised
by practicing professionals performing similar Work in the same locality and under the
same or similar circumstances and conditions.
20.2 CONSULTANT represents that it possesses the requisite skills and shall
follow the professional standards and the standard of conduct for CONSULTANTS or
vendors in performing all Work under this Agreement. The CONSULTANT agrees to
use its skill and judgment in furthering the VILLAGE'S interests hereunder and
CONSULTANT shall perform the Work in accordance with the practice of the pertinent
industry and as expeditiously as is consistent with reasonable skill and care. The
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VILLAGE shall have the right to reject or disapprove Work which the Village finds to be
defective or non -conforming. If at any time during the term of this Agreement or the
Project for which the CONSULTANT has provided Work under this Agreement, it is
determined that the CONSULTANT'S Work is incorrect, defective, non -conforming or
fail to conform to the terms of this Agreement, upon written notification from the
VILLAGE, the CONSULTANT shall immediately proceed to correct the Work, re -
perform Work which failed to satisfy the foregoing standard of care and shall pay all
costs and expenses associated with correcting said incorrect or defective work, including
any additional inspections, and installation and reimbursements to the VILLAGE for any
other Work and expenses made necessary thereby, save and except any costs which the
VILLAGE would have otherwise paid absent the CONSULTANT'S error or omission.
The VILLAGE'S approval, acceptance, use of or payment for all or any part of the
CONSULTANT'S Work shall in no way alter the CONSULTANT'S obligations or
VILLAGE'S rights hereunder.
20.3 CONSULTANT agrees, within seven (7) calendar days of receipt of a
written request from the VILLAGE, to promptly remove and replace any personnel
employed or retained by the CONSULTANT, any subcontractor or general contractors
hired or retained to perform any installation as part of the Work, or other persons
employed or utilized by the CONSULTANT in the performance of this Agreement or any
personnel of any such subcontractor or other persons employed or utilized by the
CONSULTANT to provide and perform the Work or work pursuant to the requirements
of this Agreement, whom the VILLAGE shall request in writing to be removed, which
request may be made by the VILLAGE.
20.4 If CONSULTANT allows any work to be performed knowing, or when
with the exercise of due care the CONSULTANT should have known, it to be contrary to
any such applicable laws, ordinances, rules, regulations or restrictions and fails to give
VILLAGE written notice thereof prior to performance thereof, CONSULTANT shall
bear all costs, liabilities, and expenses arising therefrom, which costs, liabilities and
expenses shall not be considered a part of CONSULTANT'S fees or any other amounts
due hereunder.
20.5 CONSULTANT hereby represents and warrants that it has reviewed all
necessary Project documents, specifications, and that the Agreement Documents, when
taken together, fully and accurately describe the Work needed to complete the Project in
accordance with the requisite standard of care, and that CONSULTANT is not aware of
any additional work, labor or Work that will be required to complete the Project.
CONSULTANT warrants and represents that it has visited and inspected the Project Sites
and become familiar with and is satisfied as to the general and local conditions and site
conditions that may affect performance or progress of the Work, and the cost of the
Work.
20.6 CONSULTANT, including any subcontractor and/or general contractor
hired or retained to perform the installation or any part of the Work, hereby represents
12
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and warrants that all Work shall comply with all applicable federal, state and local laws,
ordinances and building codes.
20.7 CONSULTANT shall be responsible for promptly notifying the
VILLAGE of any damage to irrigation systems, buildings or other structures, vehicles, or
property or possessions, which occur as a result of the Work performed by
CONSULTANT pursuant to this Agreement, or the improper or negligent activities of the
CONSULTANT.
20.8 CONSULTANT warrants that it, and any subcontractors and/or general
contractors hired or retained by CONSULTANT to perform any part of the Work, shall
have, prior to commencement of Work under this Agreement and at all times during said
Work, all required permits and licenses, whether federal, state, County or Village.
CONSULTANT acknowledges that it is the obligation of CONSULTANT to obtain all
permits and licenses required for this Project.
20.9 CONSULTANT'S obligations under this Section 20 shall survive
termination of this Agreement.
SECTION 21. TAXES.
CONSULTANT shall pay all taxes, levies, duties and assessments of every nature
which may be applicable to the Work under this Agreement. The pricing and any agreed
variations thereof shall include all taxes imposed by law at the time of this Agreement.
CONSULTANT shall make any and all payroll deductions required by law.
CONSULTANT herein indemnifies and holds the VILLAGE harmless from any liability
on account of any and all such taxes, levies, duties and assessments.
SECTION 22. SAFETY.
CONSULTANT shall be fully and solely responsible for safety and conducting all
operations under this Agreement at all times in such a manner as to avoid the risk of
bodily harm to persons and damage to property. CONSULTANT shall continually and
diligently inspect all Work, materials and equipment to discover any conditions which
might involve such risks and shall be solely responsible for discovery and correction of
any such conditions. CONSULTANT shall have sole responsibility for implementing its
safety program. VILLAGE shall not be responsible for supervising the implementation of
CONSULTANT'S safety program, and shall not have responsibility for the safety of
CONSULTANT'S or its subcontractor's employees. CONSULTANT shall maintain all
portions of the Project sites and Work in a neat, clean and sanitary condition at all times.
CONSULTANT shall assure that subcontractors performing Work comply with the
foregoing safety requirements.
SECTION 23. CLEANING UP.
CONSULTANT shall, at all times, at its expense, keep the Project sites in a neat,
clean and safe condition. Upon completion of any portion of the Work, CONSULTANT
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and general contractor hired or employed to perform any installation as part of the Work,
shall promptly remove all of its equipment, construction materials, temporary structures
and surplus materials not to be used at or near the same location during later stages of the
Work. Upon completion of the Work, CONSULTANT and general contractor hired or
employed to perform any installation as part of the Work, shall, at its expense,
satisfactorily dispose of all rubbish, unused materials and other equipment and materials
belonging to it or used in the performance of the Work and CONSULTANT shall leave
the Project in a neat, clean and safe condition. In the event of CONSULTANT'S failure
to comply with the foregoing, the same may be accomplished by the VILLAGE at
CONSULTANT'S expense
SECTION 24. DEFECTIVE WORK/WARRANTY.
24.1 The VILLAGE shall have the authority to reject or disapprove Work which
the VILLAGE finds to be defective. If required by the VILLAGE, CONSULTANT shall
promptly either correct all defective Work or remove such defective Work and replace it
with non -defective Work. CONSULTANT shall bear all direct, indirect and consequential
costs of such removal or corrections.
24.2 The CONSULTANT shall unconditionally warrant and guarantee all
materials and equipment furnished and Work performed. If any of the Work is found to be
defective or not in accordance with the Agreement Documents, CONSULTANT, after
receipt of written notice from VILLAGE, shall promptly correct such defective or
nonconforming Work without cost to VILLAGE. CONSULTANT shall provide and assign
to VILLAGE any and all material and equipment warranties upon completion of the Work
hereunder.
SECTION 25. NOTICES
Whenever either party desires to give notice to the other, it must be given by hand
delivery or written notice, sent by certified United States mail, with return receipt
requested or a nationally recognized private mail delivery service, addressed to the party
for whom it is intended, at the place last specified, and the place for giving of notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice, to -wit:
FOR CONSULTANT:
JimDrain 880 NE ,$qJ St. # IZQ
MIAMI ,fL. ”qe
Phone: ( ) if80-7097
Facsimile: ( )
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FOR VILLAGE:
Village of Key Biscayne, Florida
Attn: John C. Gilbert, Village Manager
88 West McIntyre Street
Key Biscayne, Florida 33149
Phone: (305) 365-5514
With a copy to:
Stephen J. Helfman, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Village Attorney
2525 Ponce de Leon Blvd.
Suite 700
Coral Gables, FL 33134
Phone: (305) 854-0800
Facsimile: (305) 854-2323
SECTION 26. TRUTH -IN -NEGOTIATION CERTIFICATE
Intentionally Omitted.
SECTION 27. CONSENT TO JURISDICTION
The parties submit to the jurisdiction of any Florida state or federal court in any
action or proceeding arising out of relating to this Agreement. Venue of any action to
enforce this Agreement shall be proper exclusively in Miami -Dade County, Florida.
SECTION 28. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws
of the State of Florida.
SECTION 29. HEADINGS
Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
SECTION 30. EXHIBITS
Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The Exhibits if not physically attached, should be treated as part of this
Agreement, and are hereby incorporated by reference.
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SECTION 31. NO WAIVER OF BREACH
The failure of a party to insist on strict performance of any provision of this
Agreement shall not be construed to constitute a waiver of a breach of any other
provision or of a subsequent breach of the same provision.
SECTION 32. SEVERABILITY
If any provision of this Agreement or the 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.
SECTION 33. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and all such counterparts shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the
date set forth below their signature.
VILLAGE:
ATTEST
Approved as to Form and Legal
Sufficiency.
illage Attorney
K:1Docs\0103\001\35R7640.DOC
VILLAGE OF KEY BISCAYNE,
FLORIDA, a Florida municipal
corporation
C. Gibert, Village Manager
--a --
Date : xecuted: / 7. /7-
16
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the
date set forth below their signature.
CONSULTANT:
Print Name: Date: Executed:
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EXHIBIT "A"
(Attach Proposal of Jim Drain)
Jim Drain's Artist Statement: "Pleated Gnomon"
"Pleated Gnomon" speaks to the rich history of Key Biscayne and in particular
Village Green Park. Inspired by Mashta House, the palatial estate built by W.J.
Matheson that as historian Joan Blank commented, "once seemed to float like
Cleopatra's barge" on a protected Key Biscayne inlet, artist Jim Drain celebrates
both the monumentality of Mashta as well as the light -play of Mashta's golden
walls. "Pleated Gnomom" is a site -specific sculpture that utilizes reduced forms
to showcase the same tropical light and shadow that once bathed the Moorish
style architectural gem.
The sculpture is constructed from stacked blocks of white marble terrazzo
embedded with solid rods of colored glass. As daylight passes, the sunlight
illuminates the colorful rods creating a matrix of shimmering dots of colored light.
This colorful illumination is reflected onto the surface of the stainless steel 'pleats'
that repeatedly run the length of the form. The vertical pleats provide the
structure for the entire work, separating each column of stacked terrazzo. At
night, rows of LEDs embedded flush to the surface of the terrazzo base will
continue to spotlight "Pleated Gnomon" and in particular light up the embedded
rods of glass.
"Pleated Gnomon" is also an active sundial. After meeting with FIU
astronomer, Walter Van Hamme, Drain designed the sculpture so that the work
could indicate solar time. As Van Hamme states, "There is one condition that
cannot be escaped: the sundial's stylus must be aligned with true North and
make an angle with the horizontal equal to the local geographical latitude...these
conditions align the stylus with the rotational axis of the Earth". The word gnomon,
literally meaning "one that knows and examines", refers to the pleated terrazzo
structure that casts a shadow, while the metal stylus points north at an angle of
25.69 degrees, the site's exact longitudinal measurement. As a sundial, "Pleated
Gnomon" provides possibilities for observation, teaching and engaging
audiences of all ages. The terrazzo base and adjacent circular benches allow for
seating and contemplation nearby the playground area so as to draw in the
public and broaden their outdoor experience.
"Pleated Gnomon" draws from the mysterious spirit and the grandness of
form of Mashta House. Drain's work is able to link the richness of history of Key
Biscayne while also providing the means for wonderment and learning for future
generations of Key Biscayne residents for many years to come.
1 -Mar
_ 15 -Ater
1 -Apr
15 -Apr
1 May
15 -May
Aiding in guiding me
contractor through the
various facets of the
preparation of the
foundation.
_
vukuuy mu vwivacia
through placing of the
mounts, and lights for the
fstallation.
personally overseeing the
assembly and the
installation of the sculpture
itself including the
necessary coordination
with Miami Nice Floors, the
terrazzo fabricator.
1
finishing the base and
adjacent "stools" with
terrazzo,
PROJECT SCHEDULE
"PLEATED GNOMON;" KEY BISCAYNE: JIM DRAIN, 2014
Protect
Jim Drain
`Pleated Gnomon'
Duration MARCH 1. 2014-JUNE1. 2014
1-ktar
15 -Mar
1 -Apr__
1S -Apr
1 -May 15-Atay
1 -Jun
coordinate with an
engineer to complete
drawings of "Pleated
Gnomon'
-
ueyrri win preparauon:
locate source of electricity
contact metal photo for
nogel
Cutting the rods of glass to
size; rods will be teal
within the terazno blocks
Casting the 3 - ti 12 x12 -
blocks of glass -embedded
terrazzo blocks (blocks will
consist of mother-of-pearl,
marble, translucent glass
rods)
Coordinating with Smith
Paridns in the fabricating
the blocks in exact
spedflcatlonsto the other
sculp6ural components.
The stainless materials
fabricated and finished,
ready for assembly at the
location.
' uuruinawflg
transportation of the
finished sculpture parts to
Key 9tscavne.
JIM DRAIN: BUDGET, 4/14-6/14
Key Biscayne: "Pleated
Gnomon"
BUDGET:
fabricator
Items
Miami Nice Floors, Giancarlo
Sardone
Cutting the rods of glass to size
Casting the 3" x 12" x 12"
blocks of glass -embedded
terrazzo blocks
I
1
Coordinating with Smith
Parkins in the fabricating the
blocks in exact specifications t4
the other scuipturat
components!'
-- -
$6,500.00
Blocks will consist of: mother•
of -pearl, marble, translucent
glass rods
finishing the base and adjacent
"stools" with terrazzo
$7,000.00.
Smith Parkins
The stainless materials fabricated ant
finished, ready for assembly at IN
lcration
li
Coordinating transportation of
the finished sculpture parts to
Key Biscayne.
Aiding in guiding the contractor
through the various facets of
the preparation of the
foundation.
Guiding the contractor through
placing mounts, and lights for
the Installation,
-
personally overseeing the
assembly and the Installation of
the sculpture itself; including
the necessary coordination with
Miami Nice Floors, the terrazzo
fabricator.,_
$27,600.00
Lightino:Mike Stem
http://www.setl.cc/
$7,200.00
Engineer: Frank Prieto
drawings of the_work on site
52,000.001
general contractor: Rey Valde.
permitting framing and
pouring, 24" footer (engineer's
recommnendation pending),
Ilabinty Insurance
_
$4,500.00
LS%
Jim Drain
artist fee
$7,500.00
1
astronomer; Walter Van
Harmmc!
consulting fee
5500.00
Katerina Llanes
project communication Si
coordinator
X3,000.00
64.4\
site -work
site preparation: source or
electricity, conduits of site,
metal photo signage
$4,000.00
fence rental: to prevent
children from entering work
site
;1,000.00
actual cost
s7o.ano.00
EX HIBIT "B"
(Lo cation Sketch - Village Green Pa rk)