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2001-24242 RESO RESOLUTION NO. 2001-24242 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ARTCO GROUP, IN THE AMOUNT OF $25,801, FOR THE DESIGN, MANUFACTURE AND INSTALLATION OF ALL PEDESTALS, VITRINES, ARCHITECTURAL NICHES AND MOUNTS REQUIRED FOR THE REINSTALLATION OF THE BASS MUSEUM PERMANENT COLLECTION PURSUANT TO RFP NO. 116-99/00. WHEREAS, the exhibition and preservation of works of art in the Bass Museum's permanent collection is a fundamental part of its mission; and WHEREAS, works in the Bass Museum's permanent collection must be reinstalled in a manner to properly protect them in the Museum's new facility; and WHEREAS, thirteen pedestals, vitrines, architectural niches and mounts must be constructed according to the specifications of the Museum staff; and WHEREAS, the Bass Museum has sufficient budget for this Project; and WHEREAS, RFP No. 116-99/00 for the design, manufacture and installation of these reinstallation furnishings was issued on August 11, 2000, and two proposals were received; and WHEREAS, the Administration has successfully negotiated a contract, in the amount of $25,801, with the successful proposer, Artco Group, pursuant to RFP No. 116-99/00 ; and WHEREAS, the City Manager has reviewed the recommendation of the Bass Museum and concurs with its recommendation, NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authoriZed to execute a contract, in the amount of $25,801, to Artco Group for the design, manufacture and installation of the pedestals, vitrines, architectural niches and mounts required for the reinstallation of the Bass Museum permanent collection pursuant to RFP No.116-99/00. PASSED AND ADOPTED this 31st day of January, 2001. t:t fu~ City Clerk APPROVED}S TO FORM & lANGUAGE & FOK EXECUTION ~ Mayor pC/ /jJj~, JMG:MDB:D9L _ ~AIfom4Iy i6t l=..J, 6,-0 ( at. CITY OF MIAMI BEACH CITY HALL 17DO CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.mlaml-beach.fl.us COMMISSION MEMORANDUM NO. ~6 -tJ/ TO: Mayor Neisen O. Kasdin and Members ofthe City Commission DATE: January 31, 2001 FROM: Jorge M. Gonzalez \ ~ City Manager \\ . 0 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the Mayor and City Clerk to Execute a Contract with Artco Group, for the Design, Manufacture and Installation of all Pedestals, Vitrines, Architectural Niches and Mounts Required for the Reinstallation of the Bass Museum Permanent Collection. SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Bass Museum of Art permanent collection and temporary exhibitions are represented by Old Master and Contemporary paintings, sculpture, and design from the 14th to 21st centuries which require specially-designed pedestals with and without vitrines and architectural niches to provide the necessary level of protection when they are on display. On August II, 2000, the City of Miami Beach issued RFP no. 116-99/00 for the design, manufacture and installation of these furnishings. Two proposals were received and evaluated. On November 8, the Commission adopted Resolution No. 2000-24145 authorizing the Administration to enter into contract negotiations with Artco Group for the design, manufacture and installation of these furnishings in the event that negotiations with David Kish, ArtIDesign, the top- ranked proposer, were unsuccessful. During negotiations with David Kish, ArtIDesign it was determined that the proposer could not meet the City of Miami Beach insurance requirements necessary to award a contract. Therefore, negotiations began with Artco Group and have been successfully concluded. Artco Group is able to meet the necessary insurance requirements. The total fee included in the contract is $25,801 compared to the bid submitted by David Kish, Art/Design which was $25,570. Thirteen items will be constructed including two pedestals for sculpture, a classical Renaissance style architectural niche, two faux altars, two pedestals with plexiglas vitrines and six wood bases for large sculpture. These items will be constructed in a variety of styles and finishes according to the specifications of Bass Museum staff. The work will be completed by April 1, 2001. It is the Administration's recommendation that the City Commission adopt the Resolution and proceed with the award of the contract to Artco Group. JMG:~~:~LP-qy. AGENDA ITEM C 7 1/ DATE /-3/-0/ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, ON BEHALF OF THE BASS MUSEUM OF ART, AND ARTCO GROUP FOR THE DESIGN, MANUFACTURE AND INSTALLATION OF ALL PEDESTALS, VITRINES, ARCHITECTURAL NICHES AND MOUNTS REQUIRED FOR THE REINSTAllATION OF THE BASS MUSEUM PERMANENT COLLECTION ?/J1" -r. THIS AGREEMENT is made this en day of VA-NU/lll-l{ ,2001, by and between the CITY OF MIAMI BEACH, FLORIDA (City), for and on behalf of the Bass Museum of Art, which term shall include its officials, successors, legal representatives, and assigns, and ARTCO GROUP (Consultant), SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: "City Manager" means the Chief Administrative Officer of the City, Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City, Fixed Fee: Fixed amount paid to the Consultant to allow for its costs and margin of profit. Project Coord i nator: An individual designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Services. Proposal Documents: Proposal Documents shall mean the a) Request for Proposals No, 116- 99/00 (RFP No, 116-99/00) for the design, manufacture and installation of all pedestals, vitrines, architectural niches and mounts required for the reinstallation of the Bass Museum permanent collection issued by the City, in contemplation ofthis Agreement, together with all amendments, and b) the Consultant's proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. Risk Manager: The Risk Manager of the City, with offices at 1 700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant Services as provided in Subsection 11 of this Agreement. Task: A discrete portion of the Services to be accomplished by the Consultant, as described in Section 2, as directed and authorized by the City. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of work to be performed by the Consultant is set forth in Exhibit "A," entitled "Scope of Services" (Services). -2- SECTION 3 COMPENSATION FIXED FEE Consultant shall be compensated for the Services performed herein on a fixed fee basis not to exceed Twenty Five Thousand Eight Hundred and One and 00/100 Dollars ($25,801), for providing the Services, as set forth in Exhibit "A" hereto; such fixed fee to be distributed in the manner provided in Exhibit "A". 3.1 3.2 METHOD OF PAYMENT The total cost of the items covered under this contract is $25,801. Upon completion and approval of the detailed drawings of the items included in this contract, the Contractor will invoice the City for 50% ($12,900.50) of the total amount of this contract, Upon completion and inspection by the Museum of all thirteen (13) items in this contract, Contractor shall invoice for 45% ($11,610.45) the total amount of this contract. Upon completion and installation of the items, Contractor will invoice for the final 5% of this contract ($1,290.05). Payment shall be made monthly to the Consultant pursuant to invoices or other submissions by the Consultant which detail or represent the completion of those phases of the Services, as set forth in Exhibit "N. Specific milestones shall include the submission of an invoice documenting the completion of the proportion of the Services performed in each phase of the work. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of -3- submission of the invoice or report to the City. In the event that the Contractor fai Is to fully perform his duties under this contract, then the City shall be under no obligation to make any payments whatsoever and may recover any unearned payments previously made. SECTION 4 GENERAL PROVISIONS RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals 4.1 with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by Consultant. 4.3 PROIECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT -4- The term of this Agreement shall be for a period of two months, commencing on February 1, 2001, and ending on April 1 ,2001. Provided, however, that as to any additional services requested by the City within such two month period, such services may be completed beyond such two month period, as mutually agreed to in writing by the parties, prior to their commencement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. 4.5 NOTICE TO PROCEED Unless directed by the City otherwise, the Consultant shall proceed with work on the Services only upon issuance of a Notice to Proceed by the City. 4.6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant or the parties shall be approved in writing by the City, INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting 4.7 -5- under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents, The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of the work the following insurance: 1. Consultant General Liability in the amount of $1,000,000.00, A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. -6- 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and his insurance company, The insurance must be fumished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing, These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Subsection or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, -7- cancellation or reduction in coverage in the policy, 4.8.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Subsection (in its entirety) have been met and provided for. 4.9 TERMINATION. SUSPENSION AND SANCTIONS 4.9.1 Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services satisfactorily performed by the Consultant prior the date of the Notice of Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set-off -8- until such time as the exact amount of damages due the City from the Consultant is determined. 4.9.2 Termination for Convenience of City The City may, for its convenience and without cause, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 and Exhibit "A" shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Subsection, the City shall compensate the Consultant for all Services satisfactorily performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payment shall be the total extent of the City's liability to the Consultant upon a Termination for Convenience, as provided for in this Subsection. 4.9.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors, In such event, the right and obligations for the parties shall be the same as provided for in Section 4.11.2, 4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, -9- termination or suspension of the Services. In the event the City cancels or terminates the Services pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.11,2. 4.9.5 Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.10 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.11 SUB-CONSUlTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub- consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall also be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. 4.12 EOUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, -10- religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use, -11- No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.15 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch), Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Artco Group Attn: Mr. Mickey Minagorri 5851 N,W. 35th Avenue Miami, FL 33142 (305) 638-1785 TO CITY: The Bass Museum of Art Attn: Ruth Grim 2121 Park Avenue Miami Beach, FL 33139 (305) 673-7530 -12- WITH COPIES TO: City of Miami Beach Office of the City Attorney Attn: Murray H. Dubbin, City Attorney 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION IURISDlCTIONIVENUE This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Dade County, Florida. 4.17 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State -13- of Florida, 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total sum of the Agreement, as set forth herein, less any sums already paid to Consultant. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount equal to the sum of the Agreement, less the amount of all funds actually paid by the City to Consultant pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the total sum of this agreement, which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. -14- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above, FOR CITY: CITY OF MIAMI BEACH, flORIDA ATTEST: By: ~ p~ City Clerk By: 1h ~yor FOR CONSULTANT: By: / ATTEST: By: Corporate Seal A:\ARTCO.MSM APPROVED /4S TO FORM & lANGUAGE & FOR EXECUTION ~ l- (,;;'-01 -15- EXHIBIT A SCOPE OF SERVICES The services to be provided under this contract are the design, manufacture and installation of the custom-made pedestals, vitrines, architectural niches and platforms listed below. These services are to be completed according to the specifications of Bass Museum staff. A. One pedestal made of high-grade plywood "pickled" to match the gray wash on the floor in the upstairs galleries of the new Bass Museum, It will be of heavy strength construction with a hardwood base, top molding and decorative trim molding. The dimensions are 40" x 40" x 16." B. One pedestal of high grade plywood also with gray pickled finish and 45 degree decorative angled corners on all four corners. It will be of heavy strength construction with a hardwood base, top molding and decorative trim molding. The dimensions are 40" x 60" x 30." C. One column style pedestal made of high grade plywood with same pickled gray finish and 45 degree decorative angled corners on all four corners. It will be of heavy strength construction with a hardwood base, top molding and decorative trim molding. The dimensions are 30" x 30" x 30." D. One classical Renaissance style niche in the form of a frame enclosure for a for a specific painting in the Bass collection which is 106" tall and 69" wide, This niche also contains a faux altar style base. It will be of heavy strength construction with a hardwood base and top molding and decorative trim molding throughout the construction, The approximate dimensions of this piece are 170" x 101" x 12" (depth of base). E. One wood base of heavy strength construction with a hardwood base and top molding. The dimensions will be 10" x 42" x 42", F. One wood base of heavy strength construction with a hardwood base and top molding. The dimensions will be 10" x 76" x 76". G. One 9' curved wall and 9' diameter circular platform assembly. Both the wall and platform will be made of 4" thick high grade plywood and painted white. H. Four square wood bases of heavy strength construction, hardwood base and top molding, The dimensions for these will be 10" x 36" x 36". I. Two pedestals/museum cases with plexiglas tops. The pedestals will be of heavy strength wood construction with decorative trim and painted white. They will be 50" x 18" x 18" with 20" high plexiglas tops. In addition, the Contractor and the City agree to the following: J. Contractor will provide detailed drawings of all the items to be constructed to the Bass Museum of Art Curator for approval before construction commences. K. Contractor is responsible for the supervision of all carpenters, glazers, painters, and other laborers required for the completion of the items to be constructed. L. The manufacture of said items will be performed at Contractor's facility with occasional visits by Museum staff to monitor the progress of the construction. M. Contractor is responsible for the transportation and installation of the pedestals, platforms, niches and vitrines under the supervision of Museum staff. All works of art in the Museum, including the painting to be installed in the architectural niche, will be handled only by Museum staff. N, Final approval of the items to be constructed rests with the Bass Museum Director. PAY~NJ The total cost of the items covered under this contract is $25,801. Upon completion and approval of the detailed drawings of the items included in this contract, the Contractor will invoice the City for 50% ($12,900.50) of the total amount of this contract, Upon completion and inspection by Museum of all thirteen (13) items in this contract, Contractor shall invoice for 45% ($11,610.45) the total amount of this contract. Upon completion and installation of the items, Contractor will invoice for the final 5% of this contract ($1,290.05). In the event that the Contractor fails to fully perform his duties under this contract, then the City shall be under no obligation to make any payments whatsoever and may recover any unearned payments previously made.