HomeMy Public PortalAbout2009-07 A Capital Project re Completion of Bedia Plazas - The Art ProjectRESOLUTION NO. 2009-7
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; CONCERNING COMPLETION OF
BEDIA PLAZAS (THE "ART PROJECT"), A
CONTINUATION OF THE VILLAGE'S CRANDON
BOULEVARD PHASE III PROJECT; PROVIDING FOR
AUTHORIZATION OF THE ART PROJECT; APPROVING
RECOMMENDED SITES FOR THREE MINI -PLAZAS;
APPROVING A PROFESSIONAL SERVICES AGREEMENT
FOR THE ART PROJECT; PROVIDING FOR
IMPLEMENTATION OF THE ART PROJECT; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the Art in Public Places Board (the "Board"), reviewed artists in the process
of making a recommendation for the design of artwork to be installed at selected plazas along
Crandon Boulevard, based on the art project site selection criteria approved pursuant to Village
Council Resolution 2003-38; and
WHEREAS, the Board has previously recommended that the Village authorize the design,
construction and implementation of an artistic Art in Public Places project entitled "Jose Bedia
Artwork " as designed by Jose Bedia; and
WHEREAS, the Jose Bedia Artwork project was successfully constructed in five (5) mini -
plazas along Crandon Boulevard; and
WHEREAS, the Board now recommends that the Village authorize the design, construction
and implementation of an additional artistic Art in Public Places project entitled "Completion of
Bedia Plazas" (the "Art Project"), again to be designed by Jose Bedia; and
WHEREAS, funding for the Art Project is provided through Seventy -Five Thousand Dollars
($75,000) of the Capital Outlay line item of the General Fund budget, a matching Seventy -Five
Thousand Dollar ($75,000) grant from the John S. and James L. Knight Foundation and, if necessary,
through supplementary donations; and
WHEREAS, the Art Project serves to implement the provision of works of Art in Public
Places as envisioned by Village Code Section 2-141; and
WHEREAS, the Village Council finds that the implementation of the Art Project along
Crandon Boulevard, north of the Village Civic Center, is in the best interest of the Village; and
WHEREAS, the Village Council finds that the professional services of Jose Bedia are
exempt from competitive purchasing procedures pursuant to Village Code Section 2-87(2) and
further hereby waives any other applicable competitive purchasing procedures for the Art Project in
accordance with Section 2-85 of the Village Code; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above -stated recitals is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Village of Key Biscayne Agreement for
Professional Services between the Village and NKISI, Inc., acting through Jose Bedia, in
substantially the form attached hereto as Exhibit "A", is hereby approved, and the Village Manager
is hereby authorized to execute the Agreement on behalf of the Village, subject to approval of the
Village Attorney as to form and legal sufficiency.
Section 3. Three Sites Approved. The following locations recommended by the Art -in -
Public -Places Board for three (3) of the four (4) mini -plazas comprising the Art Project, as depicted
on Exhibit "B" attached hereto, are hereby approved:
(i) the Southeast corner of the Village Green; and
(ii) the Northeast corner of the Village Green; and
(iii) adjacent to the Library Parking Lot.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
action which is necessary to implement the Agreement, this Resolution, and the Art Project, subject
to the restriction that the total Art Project cost shall not exceed One Hundred Fifty Thousand Dollars
($150,000.00), unless further authorized by the Village Council.
Section 5. Funding. That the funding for the Art Project shall be that which is specified
in the Village Manager's Memorandum which accompanies this Resolution, and as described herein.
Section 6. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 28th day of April , 2009.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICI
VILLAGE • TTO
i ///(C Coll/it'd
Robert L. Vernon, .lId)'or
Michael Davey-, [ he Mayor
Enrique Garcia
Robert Gusman
Michael E. Kelly
Jorge E. Mendia
Thomas Thornton
I rll igc ,11aucr* r
Genaro "Cluj" Iglesias
VILLAGE OF KEY BISCAYNE
Office of the Village Manager
DT: April 21, 2009
TO: Honorable Mayor and Members of the Villa Co ncil
FR: Genaro "Chip" Iglesias, Village Manager
RE: Art in Public Places Board Recommend ion: NKISI, Inc.
(Jose Bedia) Contract and Selection of Three (3) Sites
RECOMMENDATION
Site Selection: The Art in Public Places Board has recommended that terrazzo artwork
produced by Jose Bedia be installed at the following three (3) locations:
1. Northeast corner of the Village Green;
2. Southeast corner of the Village Green; and,
3. In the public right-of-way just north of the bus shelter located near the library.
The contract to produce the artwork includes drawings at each of the above sites and a
fourth "generic" drawing that can be placed at any site. The Board did not recommend
the installation of artwork at 530 Crandon Boulevard. Attached to this memorandum is a
report from the Board which sets forth their justification for this recommendation.
At this point in time, I recommend that consideration of placing artwork in the sidewalk
in front of 530 Crandon Boulevard be deferred for the following reasons:
1 The Council has not made a decision as to the use of the property. Placing artwork
in the sidewalk without knowing how the property will be used, may not optimize
the location of the artwork and its relationship to the use of the property.
2 Should artwork be installed in the sidewalk during the Summer, it may be damaged
when construction occurs on the site.
EXPLANATION
This fall the Village received a $75,000 matching grant from the John S. and James L.
Knight Foundation. The Village's FY09 budget included a $75,000 match for a total project
cost of $150,000. This project complements the installation of artwork that was installed
in 2007-08 at the following five (5) locations: NW corner of W. Mashta Drive, the SE
corner of Seaview Drive, NE corner of Seaview Drive, and one at each of the two
entrances to the Ocean Club.
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
kIhsION S IAI E\IENI 1'o> PROIDEA SAFE O1,ALFI (OUillfNl'Ll ENVIRON\IENI' FOR AI L ISLANDERS I HROI (,H RESPONSIBLE GOVERNMENT
wwwkeybiscayne.fl.gov
On December 8, 2008, the Council approved Resolution No. 2008-55 directing me to
move forward with the project. The next step in the process is the approval of a contract
with the artist to produce four (4) drawings. Artwork will be installed in three (3) sites. The
fourth drawing will be for a "generic" site and can be installed when funding becomes
available.
The entire cost of the project is $150,000. The attached contract with NKISI, Inc. (Jose
Bedia) includes four (4) drawings by the artist at a fee of $30,000. Our Art Consultant,
Cesar Trasobares, estimates construction will cost $91,000. The remaining $29,000 will
provide funds for contingency, security which is required when the terrazzo is poured,
engineering and construction management services by 3CTS.
EXHIBIT "A"
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT (this "Agreement") is made and entered into this 28th day of April, 2009, by and
between the VILLAGE OF KEY BISCAYNE (the "Village") and NKISI, Inc., a Florida corporation (the
"Consultant").
RECITALS:
The Village wants to engage the Consultant to perform certain professional services for the Village's Art In
Public Places Program consisting of the design and implementation of concrete embedded art work (the "Art
Project") for four (4) plazas along Crandon Boulevard and north of the Village Civic Center. The Art Project is
entitled "Completion of Bedia Plazas".
Consultant shall perform the services for the Art Project (the "Specified Services") which are described in
Exhibit "A", a copy of which is attached hereto and incorporated herein.
In consideration of the mutual covenants and other provisions set forth in this Agreement, the parties
agree as follows:
1. SCOPE OF SERVICES
A. The Consultant agrees to provide the Specified Services upon written request from the Village
Manager. Unless otherwise specified herein, the Specified Services shall be performed by Jose Bedia. Consultant
shall provide the Specified Services as an independent contractor for the Village. Consultant shall coordinate the
performance of its Specified Services with certain other contractors who are providing related services to the
Village, including:
1. Cesar Trasobares, the Village's primary Art in Public Places Program
consultant;
2. Ramon Castella of C3TS, the Village's engineer for the Crandon Project (the
"Village's Engineer"); and
3. Artistic Surfaces, the Village's contractor performing terrazzo work and
installation.
Collectively, these parties are referred to as "Additional Contractors of the Village".
B. The Consultant recognizes that, unless expressly provided by the Village Council, only the Village
Manager is authorized to commit the expenditure of Village funds for the design, production, installation and
implementation of the Art Project.
2. FEES FOR SERVICES
A. The Consultant agrees to charge the Village for the successful performance of the Specified Services
which are provided by Consultant, the amounts provided in paragraph 2(B) below, which amounts shall not exceed
Thirty Thousand ($30,000.00) Dollars in fees for the complete design, preparation of fabrication standards, and
detailed cost estimation for the Art Project (including four (4) designs -- one for each plaza), production of original
drawings of the approved designs for the Village's Art Collection, supervision of the work of installing the Art
Project, and the full implementation, final completion, and final inspection of the Art Project.
B. Fees pursuant to paragraph 2(A) above shall be paid to Consultant pursuant to the following schedule:
(a) Five Thousand Dollars ($5,000.00) upon execution of this Agreement
by both parties; and
(b) Ten Thousand Dollars ($10,000.00) upon approval by the Village
Council of the completion of the design, fabrication drawings and materials for all four
(4) plazas comprising the Art Project; and
(c) Five Thousand Dollars ($5,000.00) upon delivery of three (3) large
original drawings for the Village's art collection and acceptance of same by the Art in
Public Places Board; and
(d) Five Thousand Dollars ($5,000.00) upon completion of the
supervision of the successful installation of all four (4) plazas comprising the Art Project
or, in the event only three plazas are fabricated, then upon the successful installation of
three (3) plazas comprising the Art Project; and
(e) Five Thousand Dollars ($5,000.00) upon delivery of one (1) large
original drawing of the fourth plaza for the Village's art collection and acceptance of
same by the Art in Public Places Board, provided the Village Manager specifically
requests that Consultant create this item for the Village.
Section 2(B)(c) of this Agreement authorizes Consultant to produce original drawings for three (3) of the
four (4) plazas Consultant will design. These drawings shall be similar to those produced by the Consultant
under the previous contract for the artwork that was installed on the Crandon Boulevard sidewalks. The
Village shall only be required to compensate Consultant under Section 2(B)(e) for a fourth drawing if Village
Manager specifically requests in writing that Consultant produce that drawing.
3. TERM
The duration of the term of this Agreement shall commence on the date of this Agreement and shall end on
December 31, 2009, unless extended by the Village Manager or earlier terminated pursuant to paragraph 7.
Consultant shall complete design of the Art Project by May 31, 2009.
4. RECORDS; USE OF DESIGN. ETC.
A. The fmal Art Project design and all related drawings shall be the property of the Village for use at the
Art Project site and for display by the Village at Village facilities.
B. Consultant hereby grants to Village the right to use images of the Consultant's work, Jose Bedia's
work, and the Art Project for educational, promotional and informational purposes, in any media, including but not
limited to, printed post cards, posters, and posting on the Village's websites and other related websites authorized by
Village.
C. Village hereby reserves the right to install a plaque or sign with information about the Consultant, Jose
Bedia, the Art Project, and/or the Village's Art in Public Places Board.
D. Consultant and Village agree that if the Art Project is altered so that, in the Consultant's reasonable
opinion, the integrity of the Art Project, as a work of art, is damaged, the Consultant may choose to have its name
and the name of Jose Bedia disassociated with the Art Project and have any reference to Consultant or Jose Bedia
removed from the Art Project.
5. ASSIGNMENT
This Agreement shall not be assignable by the Consultant.
6. PROHIBITION AGAINST CONTINGENT FEES
The Consultant warrants that it 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 it has not paid or agreed to
pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for
the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from
the award or making of this Agreement.
7. TERMINATION
This Agreement may be terminated by the Village upon twenty (20) days written notice with or without cause
and by the Consultant upon sixty (60) days written notice with or without cause. If this Agreement is terminated,
the Consultant shall be paid in accordance with the provisions of Exhibit "A" and Paragraph 2 above, for all
accepted work performed up to the date of termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive and nothing
herein shall preclude the Village from engaging other firms to perform similar services for the benefit of the Village
within the rlicrrPtinn
9. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be
amended or modified without the express written consent of the parties. The Village Manager shall act for Village
hereunder.
10. WARRANTIES OF CONSULTANT
The Consultant hereby represents that it possesses the special artistic, creative and practical skills which are
essential for the Art Project and warrants that at all times during the term of this Agreement it shall maintain in
good standing any required licenses, certifications and permits required under Federal, State and local laws which
are necessary for Consultant to perform the Specified Services.
11. NOTICES
All notices and communications to the Village or Consultant shall be in writing and shall be deemed to have
been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications
shall be effective upon receipt. Notices shall be addressed as follows:
Village: Genaro "Chip" Iglesias
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
With a copy to:
Cole & Boniske, P.L.
David M. Wolpin, Esq.
Village Attorney
Weiss Serota Helfman Pastoriza
200 E. Broward Blvd. Suite 1900
Ft. Lauderdale, FL 33301
Consultant: NKISI, Inc.
6501 S.W. 59th Street
South Miami, Florida 33143
ATTN: Jose Bedia
12. NO LIABILITY OF CONSULTANT, ETC.
Subject to Consultant's satisfactory performance in accordance with Consultant's responsibilities under this
Agreement, the Village hereby agrees to defend, indemnify, and hold harmless Consultant from any claim by or
liability to any other person concerning any personal injury sustained by such person which claim or liability results
from the display of the Art Project. This covenant of the Village shall be subject to the monetary limits of Section
768.28 (5), Florida Statutes, which statute generally governs the liability of the Village, and shall be applicable
regardless of whether or not such monetary limits would otherwise be applicable.
13. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida Venue for any
litigation hereunder shall be in Miami -Dade County, Florida. The parties hereby knowingly and voluntarily waive
any right to a trial by jury of any claim which in any way arises hereunder between them.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the
terms and conditions above stated on the day and year first above written.
CONSULTANT:
NKISI, INC.
By:
Name: Jose* Be lia
Title: 4,e.:^1 S -r
VILLAGE:
VILLAGE OF KEY BISCAYNE
By:
Name: Genaro "Chip" I, ias
Title: Village Manager
age Clerk
Approved as to Form and Legal Sufficiency:
Village Attorney
EXHIBIT "A"
A. SPECIFIED SERVICES
1. Consultant shall fmalize and provide to Village the Consultant's design for the Project which
is entitled "Jose Bedia Artwork", all in a manner by which Consultant obtains the approval of the
Village's Art in Public Places Board.
2. Consultant and/or Consultant's technical assistant shall directly supervise the installation of the
components that are to be utilized in creating the Jose Bedia Artwork, working in conjunction with
the Additional Contractors of the Village.
3. Upon request of the Village Manager, Consultant shall provide for Jose Bedia to attend the
dedication ceremony for the Art Project. In such event, he shall be reasonably compensated to
present a public presentation about his work as part of the Village's Art in Public Places Board's
Speakers' Series.
4. Consultant recognizes that the Village may, if determined to be necessary by Village, utilize
the services of the Village's Engineer in order to further develop detailed technical plans of the
Consultant's design of the Art Project. The detailed technical plans shall conform with the Florida
Building Code and any other code for which compliance is required for issuance of building permits.
5. Consultant recognizes that the Village's contractor or alternatively a general contractor
approved by the Village Manager, will, except as otherwise specified herein, install the Art Project
and construct or arrange for the construction of all complimentary elements of the work for the Art
Project, including concrete work, in accordance with the detailed technical drawings of the above -
referenced engineer.
6. Consultant recognizes that, unless otherwise determined by the Village Manager, the Village's
contractor will: (1) assume responsibility for providing liability insurance coverage at the project site
throughout the Art Project's construction and installation process; and (2) provide for any necessary
temporary fencing and safety barriers or signage.
7. Consultant, acting by and through Jose Bedia, shall provide all necessary artistic, creative and
coordination services in order to assist the Village and the Additional Contractors of the Village in
connection with the design, permitting, installation and successful completion of the Project.
Exhibit "B" — Approved Mini -Plazas
(i) the Southeast corner of the Village Green:
z
-J
J
1
{3VIA WON BL tifD
Aso -4.2"; '_L•
Exhibit "B"
(ii) the North East corner of the Village Green:
VILLAGE GREEF'
r �•r.-rl-kits. 1lvt
- MA -F.
1%0.4, ; J
, frr. r
rr
4; R; A N JON IlL O
' u. •..v:1
if • 4.1rr l!rr r.rfra
�arr4•r. ., �
r -
•
Exhibit "B"
(iii) adjacent to the Library Parking Lot:
KKI. I t.l1.
CHANT) BLVD
PARKING PUBLIC
LIBRARY
-
Exhibit "B"