HomeMy Public PortalAbout2007-01 Art in Public Places Jose Bedia ArtworkRESOLUTION NO 2007-1
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING JOSE BEDIA
ARTISTIC PROJECT (THE "ART PROJECT") TO BE
INSTALLED IN CONNECTION WITH THE VILLAGE'S
CRANDON BOULEVARD PHASE III PROJECT, PROVIDING
FOR AUTHORIZATION OF THE ART PROJECT,
APPROVING 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 art work to be installed at selected plazas along Crandon
Boulevard, based on the art project site selection cntena approved pursuant to Village Council
Resolution 2003-38, and
WHEREAS, the Board has recommended that the Village authonze the design, construction
and implementation of an artistic Art in Public Places project (the "Art Project") entitled "Jose Bedia
Artwork " as designed by Jose Bedia, and
WHEREAS, funding for the Art Project is provided through the Permanent Artwork line
item of the General Fund budget, and by the Crandon Phase III Project budget (for related concrete
work) 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 at Crandon
Boulevard 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 finds
that the use of competitive bidding procedures for the purchase of the special metal frames and other
components for the Art Project is impractical and that competitive bidding is hereby waived for such
purchase pursuant to Village Code Section 2-85, and further hereby waives any other applicable
competitive purchasing procedures for the Art Project in accordance with Section 2-85 of the Village
Code
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS
Section 1
and confirmed
Section 2
Recitals Adopted That each of the above -stated recitals is hereby adopted
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, 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 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 Sixty Thousand ($60,000 00)
Dollars, exclusive of the Village's Owner's Representative's fees, unless further authorized by the
Village Council
Section 4 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
PASSED AND ADOPTED this 9th day of January, 2007
MAYOR ROBERT L VERNON
A 41i10112g7
CHITA H ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TQ FORM AND LEGAL SUFFICIE
VILLAGE ATTO
F /103 001/Resolution/ Final Ve`? is i Providing for agreement between Village and Jose Bedia 12 1 06
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VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, is made and entered into this 9th day of January, 2007,
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
up to five (5) plazas along Crandon Boulevard, which will be created and installed as
part of Phase III of the Village's Crandon Boulevard project (the "Crandon Project")
The Art Project is entitled "Jose Bedia Artwork"
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
several other contractors who are providing related services to the VILLAGE,
including
1 M Vila and Associates, Inc, the VILLAGE's construction
contractor for the Crandon Project (the "Construction
Contractor"),
2 Cesar Trasobares, the VILLAGE's primary Art in Public Places
Program consultant (the "Arts Consultant"),
3 Paul Abbott of Skyline Management, Inc , the VILLAGE owner's
representative (the "Village's Representative" or the "Owner's
Representative"),
4 C3TS, the Village's engineer for the Crandon Project (the
"Village's Engineer")
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, in
accordance with the fee and cost schedule of
(a) Forty Thousand ($40,000 00) Dollar fee for the complete
design, prototype production, preparation of fabrication
standards and preparation of detailed cost estimation for
the Art Project (including five (5) designs -one for each
plaza), production of original drawings of the approved
designs for the VILLAGE's Art Collection, and
supervision of the work of installing the Art Project, and
(b) Twenty Thousand ($20,000 00) Dollars allocated for the
cost of fabrication and insured delivery of the metal Art
Project implementation forms for the Art Project (the
"Components") to VILLAGE, , and the full
implementation, final completion, and final inspection of
the Art Project,
for a total fee and cost (the sum of (a) and (b)) not to exceed Sixty Thousand
($60,000 00) Dollars
B Fees pursuant to paragraph 2(A)(a) above shall be paid to Consultant
pursuant to the following schedule
(a) Ten Thousand ($10,000 00) Dollars upon execution of this
Agreement by both parties, and
(b) Fifteen Thousand ($15,000 00) Dollars upon approval by
the Village Council of the completion of the design,
prototype production, fabrication standards and cost
estimation, for the Art Project, and
(c) Ten Thousand ($10,000 00) upon delivery of original
drawings for the VILLAGE's art collection and acceptance
by the Art in Public Places Board, and
(d) Five Thousand ($5,000 00) upon completion of the
supervision of the successful installation of the Art Project
C Costs pursuant to paragraph 2(A)(b) above shall be paid pursuant
to the following schedule
(a) Five Thousand ($5,000 00) Dollars payable to
CONSULTANT for use as a deposit for fabrication and
purchase of the Components, upon authorization by the
VILLAGE's Representative pursuant to paragraph 2(d) of
Exhibit "A", and
(b) Ten Thousand ($10,000 00) Dollars payable upon delivery
and installation of Components in two of the five plaza
sites and approval of the work by the Art in Public Places
Board, and
(c) The remaining Five Thousand ($5,000 00) Dollars payable
upon final Art Project completion and acceptance by the
Art in Public Places Board
Village shall pay the above described costs which are listed in (a) , (b), and
(c) above, directly to the applicable fabricators and/or installers, instead of to
Consultant, unless otherwise mutually agreed by Village and Consultant
D However, in the event that work in the design phase described in
paragraph (2) (A) (a) above, indicates that a total amount of Twenty Thousand
($20,000 00) will not be sufficient to cover all of the work included in paragraph (2)
(A) (b) then all work shall stop until the Art in Public Places Board secures the
necessary funding to complete the work The parties recognize that Consultant is
not responsible for cost overruns or increases in budget due to insufficient funds
being initially available to complete the Art Project Further, it is recognized that the
Consultant is not responsible for the ultimate cost of the Art Project Although the
Consultant shall design, provide prototypes, indicate how to fabricate the design and
provide detailed cost estimates, and perform all of its other obligations hereunder,
the Consultant is not responsible for any cost overruns or for the inability to design
an Art Project which complies with the budgeted funding level
3 TERM
The duration of the term of this Agreement shall commence on January 9,
2007 and shall end on September 30, 2007, unless extended by the Village Manager
or earlier terminated pursuant to paragraph 7
4 RECORDS, USE OF DESIGN, ETC
A The final 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 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 acceptable work performed up to the date of termination,
subject to the provisions of Paragraph 2 (D ) above if applicable
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 VILLAGE'S sole and absolute discretion
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
With a copy to
Consultant
Jacqueline R Menendez
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
David M Wolpin, Esq
Village Attorney
Weiss Serota Helfman Pastoriza
Cole & Boniske, P A
2525 Ponce De Leon Blvd , Suite 700
Coral Gables, Florida 33134
NKISI, Inc
6501 S W 59th Street
South Miami, Florida 33143
ATTN Jose Bedia
With a copy to
Dennis Scholl, Esq
Roth and Scholl
866 South Dixie Highway
Coral Gables, Florida 33146
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), Flonda 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
Flonda Venue for any litigation hereunder shall be in Miami -Dade County, Flonda
The parties hereby knowingly and voluntarily waive any right to a trial by jury of
any claim which m 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 Bedia
Title ID 's i o cc'Ai T'
Approved as to Form and Legal Sufficiency
VILLAGE
VILLAGE OF KEY BISCAYNE
By
Name Jac e R Menendez,
Title Village Manager
G ►i
Village Clerk
EXHIBIT "A"
A SPECIFIED SERVICES
1 CONSULTANT shall finalize 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 a CONSULTANT will arrange for fabrication of the Components
which are to be utilized as an essential means of creating the Art
Project designed by CONSULTANT, so as to assure quality
control and any other details which are necessary to comply with
the design
b CONSULTANT shall arrange for the Components fabricator to
ship materials, all properly labeled, to a designated location
which is approved by the VILLAGE's Representative
c CONSULTANT shall require the Components fabricator to
provide casualty insurance covering the risk of loss of the
Components prior to receipt of the Components by the
VILLAGE or the VILLAGE's Construction Contractor at the Art
Project site Upon acceptance of the delivery of the Components
by the VILLAGE or by the VILLAGE's Construction Contractor
at the Art Project Site, the risk of loss concerning the
Components shall thereafter shift to the VILLAGE or to the
VILLAGE's Construction Contractor, as determined by the
contractual relationship between the VILLAGE and VILLAGE's
Construction Contractor
d CONSULTANT recognizes that CONSULTANT's selection and
use of the fabricator of the Components, the total cost of the
Components to be charged by the fabricator for the Components
manufactured for the VILLAGE, and the terms and conditions of
the sale, delivery and acceptance of the Components shall be
subject to the prior written approval of the VILLAGE's
Representative
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e CONSULTANT recognizes that the VILLAGE has the right to
require the Components to be re -fabricated in the event of
damage or destruction
3 CONSULTANT and/or CONSULTANT's technical assistant shall
directly supervise the installation of the Components working with the
VILLAGE's Construction Contractor (or other designee of
VILLAGE) and VILLAGE's Representative
4 CONSULTANT shall provide for Jose Bedia to attend the dedication
ceremony for the Art Project 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, as
approved by the Village Manager
5 CONSULTANT recognizes that the VILLAGE's Construction
Contractor or alternatively a general contractor approved by the
Village Manager, 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
6 CONSULTANT recognizes that the VILLAGE's Construction
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
7 CONSULTANT recognizes that, unless otherwise determined by the
Village Manager, the VILLAGE's Construction Contractor will (1)
assume responsibility for providing liability insurance coverage at the
Crandon Project site throughout the Art Project's construction and
installation process, and (2) provide for any necessary temporary
fencing and safety barriers or signage, each in accordance with the
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existing construction agreement between the VILLAGE and
VILLAGE's Construction Contractor by which the Crandon Project is
being constructed
8 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
F /103 001/Agreements/Final Version 1 Agreement for Professional Services with Jose Bedia 12 4 06 (FINAL)