Pompano Community Park Water Feature Sculpture
Attn: Laura Atria, Public Art Program Manager
City of Pompano Beach
Cultural Affairs Department
50 W. Atlantic Blvd.
Pompano Beach, FL 33060
Contact Email: firstname.lastname@example.org
Call Type: Public Art
Event Dates: 1/1/18 - 1/1/18
Entry Deadline: 10/22/19
Images - Minimum: 2, Maximum: 5
Total Media - Minimum: 2, Maximum: 5
DEADLINE: October 22, 2019
The City of Pompano Beach will commission an artist/artist team to design, fabricate, and install a major outdoor sculpture with a water feature to be placed at Pompano Community Park. Pompano Community Park also contains the Aquatics Center which is home to an Olympic sized pool with two one-meter springs boards. The project is open to all professional artists nationwide. The total budget for this project is $150,000. The artwork budget will be $147,000; $3,000 will used to fund shortlisted artists’ designs. Fees, including all insurance, taxes, permits, delivery, interior lighting, installation and engineering will be included in the overall fee.
THEME & REQUIREMENTS
The commissioned artwork will be a sculpture with a water feature element of significant size. The size must not exceed 22 feet by 22 feet. Interior lighting is allowed. The water feature sculpture should be draining and not contain standing water. The artwork can be representational or non-representational. The water and interior light, if included, must be on a timer.
The City has an unlimited, perpetual and irrevocable right to use or reproduce the artwork in any non-commercial or commercial manner media whatsoever, including without limitation to prepare derivative works based upon the artwork and to distribute copies of the artwork.
The location for the water feature sculpture is at the main entrance to Pompano Community Park Aquatics Center off of NE 18th St. The artwork must not exceed 22 feet by 22 feet and should be centered to the flag poles.
Link to Location: https://pbpublicart.com/assets/docs/files/Location-2.pdf
ARTWORK PURCHASE BUDGET
The purchase budget established for the project is $147,000.00. The price will include all insurance, taxes, fees, permits, delivery, interior lighting, installation and engineering. Applicants must submit a detailed budget list.
Artists are expected to be familiar with the location site. Artists shall be responsible for the installation and the City will not provide any additional funds upon award beyond the above referenced budget. Furthermore, except for conditions outside the City’s or Artists control, City will not reimburse the artist for any additional costs not accounted for in the Artist’s proposal to this Call to Artists.
The payment schedule will consist of the following:
· Invoice 1 will be paid within 30 days of full execution of the Agreement by both parties. The City agrees to pay up to 10% of the total project amount as part of the first invoice. The City may, at its sole discretion, agree to increase the payment of the first invoice upon submittal of acceptable material invoices.
· Invoice 2 will be paid upon approval of final design/engineering to commence fabrication.
· Invoice 3 will be paid upon 50% fabrication with documentation and Agency being provided photographic/video proof of the same.
· Invoice 4 will be paid upon 100% fabrication with documentation and Agency being provided photographic/video proof of the same.
· Invoice 5 will be paid after installation and final approval by Agency.
It shall be the artist’s responsibility, where applicable, to obtain all necessary permits prior to fabrication and installation. The artist will ensure that the design will be code compliant and meet Florida Building Code requirements and can stand up to South Florida weather conditions and wind load requirements.
LICENSEE shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY’s Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City’s Purchasing Department at (954) 786-4098. If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract.
LICENSEE is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage.
Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally.
Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY’s review or acceptance of insurance maintained by LICENSEE, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by LICENSEE under this Agreement.
Throughout the term of this Agreement, LICENSEE and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements.
A. Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440. LICENSEE further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment.
B. Liability Insurance.
(1) Naming the City of Pompano Beach as an additional insured as CITY’s interests may appear, on General Liability Insurance only, relative to claims which arise from LICENSEE’s negligent acts or omissions in connection with LICENSEE’s performance under this Agreement.
(2) Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits.
Type of Insurance Limits of Liability
GENERAL LIABILITY: Minimum 1,000,000 Per Occurrence and
$2,000,000 Per Aggregate
* Policy to be written on a claims incurred basis
XX comprehensive form bodily injury and property damage
XX premises - operations bodily injury and property damage
__ explosion & collapse
__ underground hazard
XX products/completed bodily injury and property damage combined
XX contractual insurance bodily injury and property damage combined
XX broad form property damage bodily injury and property damage combined
XX independent contractors personal injury
XX personal injury
__ sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate
liquor legal liability Minimum $1,000,000 Per Occurrence and Aggregate
AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and $2,000,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined.
XX owned (Florida’s Minimum Coverage)XX comprehensive form Minimum $10,000/$20,000/$10,000
REAL & PERSONAL PROPERTY
comprehensive form Agent must show proof they have this coverage.
EXCESS LIABILITY Per Occurrence Aggregate
__ other than umbrella bodily injury and $2,000,000 $2,000,000
PROFESSIONAL LIABILITY Per Occurrence Aggregate
___ * Policy to be written on a claims made basis $1,000,000 $1,000,000
(3) If Professional Liability insurance is required, LICENSEE agrees the indemnification and hold harmless provisions set forth in the Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations.
C. Employer’s Liability. If required by law, LICENSEE and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate.
D. Policies: Whenever, under the provisions of this Agreement, insurance is required of the LICENSEE, the LICENSEE shall promptly provide the following:
(1) Certificates of Insurance evidencing the required coverage;
(2) Names and addresses of companies providing coverage;
(3) Effective and expiration dates of policies; and
(4) A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy.
E. Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY.
F. Waiver of Subrogation. LICENSEE hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then LICENSEE shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should LICENSEE enter into such an agreement on a pre-loss basis.
WARRANTIES AND STANDARDS
· Original Art. ARTIST warrants that the Artwork being commissioned is the original product of its own creative efforts, and, unless otherwise expressly stated herein, the Artwork is original and a single edition that ARTIST shall not sell or reproduce, or allow others to do so, without CITY’s prior written consent.
· Warranty of Quality. ARTIST warrants the Artwork shall be free of defects in material and workmanship, including without limitation any defects consisting of "inherent vice" or qualities accelerating deterioration of the Artwork, and that ARTIST shall correct, at ARTIST’s sole expense, any such defects which appear within a period of three (3) years from CITY’s Final Acceptance. Should the Artwork deteriorate to the point that it no longer represents ARTIST’s intent during ARTIST’s lifetime and/or poses a safety hazard due to its deteriorated state and CITY chooses to have the Artwork restored rather than deaccession ARTIST shall be given the first right of refusal to perform the restoration. If funds for such restoration are not available, CITY shall have the right to destroy the Artwork upon notifying ARTIST in writing by certified mail, return receipt requested, sent to ARTIST's last known address, that ARTIST has the right of consultation regarding the Artwork's removal or destruction. "Restore" means to effect repairs to the Artwork necessitated by extensive damage or deterioration which require ARTIST’s artistic talents to ensure the restored Artwork reflects the qualities and artistic integrity of the Artwork at Final Acceptance by the CITY.
· Sale or Reproduction. ARTIST represents and warrants that ARTIST shall not sell or reproduce the Artwork or allow others to do so without the prior written approval of CITY. For purposes of this Agreement, the Artwork is considered “reproduced” if the dimensions of another work exceed seventy-five percent (75%) of the dimensions of the Artwork commissioned hereunder. For purposes of this section, “dimensions” shall include, but not be limited to, sound, light, and other expressions not captured in a two or three-dimensional physical object. This covenant shall continue in effect for a period consisting of ARTIST’s life plus fifty (50) years and shall be binding on ARTIST's successors, heirs and assigns.
· Materials. ARTIST warrants to CITY that all materials used will be new unless otherwise specified and that all Work will conform in all ways with this Agreement. ARTIST shall deliver the Artwork to CITY free and clear of any liens.
· Intellectual Property Warranty. ARTIST warrants the Artwork shall not infringe upon or violate any license; copyright, patent, trade secret, trademark, moral rights, semiconductor chip protection or unfair competition law; proprietary information, non-disclosure, intellectual property or other right of any third party; any right of privacy or contain libelous material. ARTIST warrants that the Artwork complies with all applicable patent, trademark and copyright laws, rules, regulations, and codes. ARTIST further agrees that the Artwork shall not utilize any protected patent, trademark or copyright unless ARTIST has obtained all necessary permission and authority and provides documentation of same to CITY. If ARTIST uses any protected material, process or procedure in connection with the Artwork, ARTIST shall disclose such patent, trademark or copyright in the construction drawings and technical specifications.
· Warranty of Authorization. ARTIST represents that ARTIST possesses full power to enter into this Agreement and to convey the rights herein granted to CITY without the consent of any third party.
· After Final Acceptance of the Artwork, CITY shall be responsible to ensure the Artwork is properly maintained and protected, taking into account the recommendations of ARTIST. However, ARTIST shall be given the right of first refusal to perform repairs and shall be paid a reasonable fee for such services. ARTIST and CITY shall agree in writing upon the fee before commencement of such services. If the parties cannot come to agreement for repair services, ARTIST is unable or unwilling to perform any necessary repairs, or the CITY cannot locate ARTIST, CITY will cause such work to be performed at the CITY's expense in accordance with recognized principles of conservation.
· ARTIST understands and agrees that the provisions of this Agreement shall control to the exclusion of the provisions of the European Union law or other domestic or international law and shall constitute a waiver by the ARTIST of any rights in the Artwork set out in or otherwise granted by laws of other jurisdictions addressing ARTIST's rights in the Artwork.
· Warranty of Authorization and Non-Infringement. ARTIST warrants to ARTIST’s best knowledge, the Work provided under this Agreement will not infringe upon or violate any license; copyright, patent, trade secret, trademark, moral rights, semiconductor chip protection or unfair competition law; proprietary information, non-disclosure; intellectual property or other right of any third party; any right of privacy; or contain libelous material and the ARTIST possesses full power to enter into this Agreement and to convey the rights herein granted to CITY without the consent of any third party.
Artist must submit the following, through CAFE, as part of the application:
- Artist Statement - must explain the proposed design.
- Proposed Design - must include a sketch of proposed design. Sketch does not need to be exact or detailed.
- Material List.
- Proposed Budget.
- Examples of past work equal to or of similiar value to the project budget ($147,000.00) and projects with water feature elements - these examples must be artworks that have been sold and must include prices.
The Public Art Committee will shortlist the top three applicants. These applicants will receive $1,000.00 each and are required to submit a complete proposal. The proposal must be a detailed, exact, scaled design created in CAD or a similar document and must include budget. The City is permitted to request up to three (3) revisions as needed from the final artist’s design.
Call to Artist will be posted. August 27, 2019
Deadline for submissions. October 22, 109
Artist will be selected. November/December 2019
The project is open to all professional artists nationwide. Applicants must have experience in similar projects. Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability, income realized through the sole commission of artwork and frequent or consistent art exhibitions. Artists are NOT eligible if they are immediate family or business partners of members of the Public Art Committee or program staff.
ARTIST SELECTION PROCESS
Artists can submit more than one application. All proposed designs must be submitted in separate applications. Artists can submit up to three separate proposed designs/applications.
The selection process is managed by the City of Pompano Beach. The City Commission will have final approval of the selected artist and design. Final purchase approval is contingent upon inspection ensuring long-term conservation of the artwork. Once the artist is selected and Agreement has been fully executed, the artist will have six months to fabricate and install the artwork.
Other Selection Issues:
a. Florida “Sunshine Laws”: All meetings of the Public Art Committee are open to the public, are publicly advertised and are documented through written minutes.
b. Conflicts of Interest: Artists with immediate family or business partners on the selection committee are not eligible to apply. A selection committee member may choose to withdraw from discussion and voting for any apparent conflict of interest.
c. Public Art Committee Contacts: Artist applicants should not contact Public Art Committee members between the release of the Call to Artists and the completion of the selection process. Contact the City of Pompano Beach for all questions and information.
Contact: Laura Atria, Public Art Program Manager
Phone: 954-545-7800 ext. 3813
BACKGROUND ON POMPANO BEACH PUBLIC ART PROGRAM
In 2012, the Pompano Beach City Commission adopted a public art ordinance to “enhance the aesthetic and cultural value of the city by including works of art on public properties within the city.” The City Commission seeks “benefits of public art that are both aesthetic and economic.” For more information on what is planned over the next ten year period, please refer to the Public Art Masterplan that is located at http://pbpublicart.com/