Agreement with Torres Construction Group, Inc. 0. 0/ gq
Agreement between
City of Miami Beach and Torres Construction Group, Inc.
for Fabrication and Installation of Temporary Public Art Project
This is an Agreement, made and entered into thisday of U c_I , 2019, by and between: City
of Miami Beach, Florida a municipal corporation, existing under the laws of the State of Florida(the"City")
and Torres Construction Group, Inc. whose principal address is 1085 East 28th Street, Hialeah, Florida
33013 (the"Contractor").
WHEREAS, the City wishes to engage Contractor fabricate, transport and install a unique and
original work of art(the "Artwork") at the location shown in Exhibit E, which has previously been approved
by the City (the "Site"), with waiver of associated special event permit fees, and subject to all other terms
and conditions, as set forth in this Agreement; and
WHEREAS, Contractor desires to contract with the City for performance of the aforestated services
relative to the Artwork, as hereinafter set forth.
NOW THEREFORE,City and Contractor, in consideration of the mutual covenants and agreements
herein contained, agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
The definitions and identifications set forth below are assumed to be true and correct and are
agreed upon by the parties.
1.1 Agreement(or Contract). This document,and other terms and conditions which may be included
in the exhibits and documents that are expressly incorporated by reference, as well as any
amendments thereto.
1.2 CONTRACTOR (Torres Construction Group, Inc.). The duly licensed general contractor
selected to fabricate, transport, install and deinstall the Artwork at the Site contemplated pursuant
to this Agreement.
1.3 Artwork. That certain unique and original work of art to be created by the artist Leandro Erlich
("Artist")and installed on the Site,to be known as"ORDER OF IMPORATANCE by Leandro Erlich,"
and is further described in Exhibits "A" and "E" hereto.
1.4 City. Shall mean the City of Miami Beach, Florida, a municipal corporation having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. In all respects hereunder,
City's obligations and performance is pursuant to City's position as the owner of the Site acting in
its proprietary capacity with respect to the Site and Project. In the event City exercises its regulatory
authority as a governmental body, including to its regulatory authority for code inspections and
issuance of building or other applicable permits within its jurisdiction,the exercise of such regulatory
authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to
have occurred pursuant to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Agreement.
1.5 [Intentionally omitted]
1.6 City Commission. Shall mean the governing and legislative body of the City.
1.7 City Manager. Shall mean the Chief Administrative Officer of the City.
1.8 Contract Administrator. Shall mean the designee(s)of the City Manager, who shall be the City's
authorized representative(s) to coordinate, direct, and review, on behalf of the City, all matters
related to the Work and the Project,except as otherwise provided herein. The City Manager's initial
designees with respect to coordination and review of Project-related matters shall include Patricia
Romeu, Miami-Dade County Public Art Project Manager, the City's third-party administrator with
respect to implementation of the Miami Beach Convention Center Art in Public Places program.
1.9 [Intentionally omitted]
1.10 Contract (Agreement) Amendment. Shall mean a written order to Contractor, approved by the
City and signed by the City's duly authorized representative, authorizing a change in the Work, or
the method and manner of performance thereof or an adjustment in the fees and/or the completion
dates, as applicable. Contract Amendments shall be approved by the City Commission, if they
exceed one hundred thousand dollars ($100,000.00) or the City Manager if they are one hundred
thousand dollars ($100,000.00) or less (or other such amount as may be specified by the City of
Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments of less than
one hundred thousand ($100,000.00), the City Manager may elect to present the proposed
amendment to the City Commission for its consideration and/or approval.
1.11 Exhibits. Shall mean the various exhibits attached to and incorporated in this Agreement and
referred to as follows:
Exhibit A: Contractor's Scope of Services
Exhibit A-1: Project Schedule
Exhibit B: Compensation and Schedule of Payments
Exhibit C: Cataloging Form
Exhibit D: Project Budget
Exhibit E: Project Location, Description and Material Specifications
1.12 Notice to Proceed. A written notice issued by the Contract Administrator to Contractor authorizing
the commencement of the Work.
1.13 Project. That certain unique and original work of art (also referred to as the Artwork) to be
fabricated and installed by Contractor on the Site (and subsequently de-installed by Contractor),
and to be known as "ORDER OF IMPORTANCE by Leandro Erlich," and is further described in
Exhibits"A" and "E,"attached hereto.
1.14 Project Budget. Shall mean an amount budgeted by the City for the Project, as specified in Exhibit
"D", attached hereto.
1.15 Project Cost. Shall mean the total cost of the Project to the City including, design, fabrication,
permitting, and installation costs, compensation to Contractor, contingencies, and other
miscellaneous costs.
1.16 Project Scope. Shall mean the description of the Project, as specified in Exhibit "A" and "E",
attached hereto.
1.17 [Intentionally omitted]
1.18 Work. means all construction and services required or reasonably inferable for the completion of
the Project and installation of the Artwork at the Site(and subsequent de-installation), including the
provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement,
fabrication, transportation, construction, erection, demolition, installation, insurance, permits and
conditions thereof, governmental approvals, testing and inspection, quality assurance and/or
quality control inspections, supervision, and administration services to be provided by the
Contractor, and other items, work and services that are necessary or appropriate for the total
construction, installation, and functioning of the completed Artwork at the Site, and subsequent de-
installation, in accordance with the Project Schedule, together with all additional, collateral and
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incidental items, work and services required to achieve completion of the Artwork and Project as
required by this Agreement (including,without limitation, work and/or services described in Exhibit
"A" and "E").
ARTICLE 2
SCOPE OF SERVICES
2.1 Contractor shall perform all Work identified in this Agreement and Exhibits "A" and "E" for the
permitting,fabrication,transportation, inspection,and installation of the Project,competently and efficiently,
in accordance with the professional standards applicable to first-class quality projects of comparable scope,
within the time specified in the Project Schedule, and in accordance with all applicable laws of any
governmental entity having jurisdiction over the Artwork, the Project or the Site. The City hereby approves
Blue Lab Preservation Society Inc. to serve as a subcontractor to Contractor, with the responsibility for
the Curation and Public Relations activities of the Project. Contractor acknowledges that although
Contractor has the overall responsibility for the timely delivery and installation of the Artwork in accordance
with the Artist's concept design and specifications, the Artist shall have the right to approve the Artwork,
and accordingly, Contractor shall consult and collaborate with the Artist during all relevant stages of the
performance of the Work(fabrication/production,installation,etc.)and shall make any modifications as may
be required by the Artist to ensure that the Artist's approval of the final Artwork is obtained. Contractor shall
provide Artist with access to the Site and/or the Artwork(wherever located),to permit the Artist's inspection
of any Work being performed by Contractor under this Agreement.
2.2 Contractor acknowledges and agrees that the Contract Administrator has no authority to make
changes that would increase, decrease, or otherwise modify the Scope of Services, and that any
such change and/or modification with respect to the Scope of Services(including,without limitation,
the time the Contractor is obligated to commence and complete the Work, and the amount of
compensation the City is obligated or committed to pay the Contractor), must be approved (if at all)
by the City Manager or the Mayor and City Commission, in their respective sole discretion, prior to
implementation of any change.Any such change or modification, if approved,shall be memorialized
in writing as a Contract Amendment.
2.3 Contractor shall provide regular Project progress reports and/or deliverables in a form and manner
acceptable to the Contract Administrator.
2.4 Upon completion of the Project, Contractor shall furnish the Contract Administrator with
documentation showing the completed Artwork as follows:
a. Photographs shall include the following:
1. Documentation files or electronic links containing high resolution (image size not smaller
than 5"x 7"with a resolution of at least 300 dpi) and low-resolution digital photographs (4"
x 6" size at 100 dpi) of the fabrication of the Work, on-site.
b. Electronic files and photographs shall be of acceptable professional quality in the determination
of the Contract Administrator and shall be properly marked to include the Artist's Name, Title
of the Work, Location, Medium and Dimensions of the Work.
c. Contractor shall provide Contract Administrator with copies of electronic files, construction
documents, and as-built plans showing and/or accurately depicting the completed Artwork to
the extent that they exist.
d. Contractor shall provide Contract Administrator with a detailed written schedule and
instructions for the routine care, maintenance, and preservation specific to the Project, which
shall be attached as Exhibit"C" (Cataloging Form) hereto.
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e. Contractor shall provide the City with at least one (1) completed car/sand sculpture from the
original installation, which Contractor shall deliver (at no additional cost to the City) to any
location that may be specified by the Contract Administrator within the City of Miami Beach.
2.5 Contractor shall have overall and ultimate responsibility for the quality and timely fabrication,
production, completion and installation of the Work and the Project. Contractor shall be responsible
for designing the Project so that it can be fabricated and installed without exceeding the approved
Project Budget. Contractor shall be fully responsible for all acts and omissions of its subcontractors
and of persons directly or indirectly employed by its subcontractors and of persons for whose acts
any of them may be liable to the same extent that Contractor is responsible for the acts and
omissions of persons directly employed by it.
2.6 Contractor acknowledges and warrants to City that an essential element of this Agreement is the
skill of Contractor, and that it is solely responsible for the quality of the Project. Contractor may not
subcontract and/or assign portions of the Work to another party, without the prior written approval
of the Contract Administrator. Notwithstanding the Contract Administrator's approval of any such
subcontract and/or assignment, Contractor will still be held ultimately responsible for all portions of
the Work. Contractor warrants to City that it shall be solely responsible for supervision of(and any
compensation to) its subcontractors, vendors and suppliers, and that the City shall have no liability
whatsoever, whether financial or otherwise, with regard to same.
2.7 Contractor agrees that all Work,and the completed Project,shall comply with all applicable Federal,
State, Miami-Dade County, and City laws, ordinances, codes and regulations. Contractor shall be
solely responsible for obtaining any and all required approvals from all governmental authorities
that have jurisdiction over the Project and for obtaining all applicable permits related to the Project.
City shall not have any responsibility for obtaining permits for the Project.
2.8 Contractor shall not make any public information release in connection with the Project and/or the
Work without the prior written consent of the Contract Administrator. All information related to the
project or release of images must be credited as follows: Order of Importance (2019) by Leandro
Erlich. A site-specific work commissioned by the City of Miami Beach.
2.9 Contractor shall perform the Work in such manner and at such times so as not to cause interference
with any of the operations of the City.
2.10 Contractor shall be solely responsible for conducting any and all inspections of the Site for purposes
of ascertaining the condition of same for the proper execution of the Work, and for completion and
installation of the Project. To the extent any such information is in the City's possession, Contract
Administrator shall make available to Contractor, without representation, any background
materials and information on matters affecting the Site.
2.11 When working on the Site, Contractor shall promptly perform such periodic clean up as may be
required by the Contract Administrator, and shall also remove any of its equipment, excess
materials, and waste promptly from the Site, as directed by Contract Administrator. Contractor
shall at all times (including on days the Artwork is exhibited to the public) keep the Site free from
accumulation of waste materials or rubbish. If Contractor fails to clean up during the prosecution
of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged
to Contractor.
2.12 Contractor shall bear any transportation and storage costs resulting from the fabrication, delivery,
storage, and installation of the Work and the Project.
2.13 Title to the Artwork shall pass to the City 1)following the Contract Administrator's inspection of the
Work; and 2) if the Work is approved, upon Contract Administrator's issuance of written final
acceptance of the complete installed Project in accordance with the process set out in Exhibit A.
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Any risk of loss or damage to the Work or the Project shall be the sole responsibility and liability of
Contractor until such time as the Contract Administrator has issued a final written acceptance of
the Project. Notwithstanding the foregoing, at the conclusion of the presentation/exhibition of the
Artwork, currently scheduled to run from December 1, 2019 through December 15, 2019, the
Contractor shall be responsible for site clean-up and disposal of the Artwork, except for the car
sculpture to be delivered to the City, as provided in Section 2.4(e).
2.14 Upon Contract Administrator's written final acceptance of the Project, all documents related to the
fabrication and installation of the Project including, without limitation, "as built"documents, shall be
turned over to the Contract Administrator and become the exclusive property of the City. The Artist
retains all copyright in all such preparatory documents relating to the Artwork, but the City shall be
free to exhibit and/or reproduce these documents for non-commercial purposes as it deems
necessary.
2.15 Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project.
2.16 The responsibility of the Contractor after final acceptance of the Project by the City and load-out
from the Site is limited to the warranties according to this Agreement; any terms pertaining to the
Contractor which are therein expressly intended to survive termination and/or expiration of this
Agreement; and any acts of gross negligence and intentional wrong doing by the Contractor.
ARTICLE 3
TERM and TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both parties. Thereafter,
Contractor shall diligently and continuously prosecute the Work in accordance with the Project
Schedule set forth in Exhibit"A-1", attached hereto. It is the Contractor's explicit responsibility to
monitor and coordinate all aspects of scheduling in conjunction with the Contract Administrator and
construction project team. Discrepancies in scheduling that may result in Contractor's requests for
extension of time or other claim must be documented pursuant to Section 3.6 of this Agreement.
3.2 Time is of the essence throughout the performance of all Work under this Agreement. The
Contractor shall perform all duties, obligations and responsibilities, as required by this Agreement,
in a timely manner, so that the Project may be installed and displayed on or before December 1,
2019, for the presentation of the Artwork during the 2019 Art Basel Miami Beach exhibition ("2019
Art Basel Show").
3.3 In the event that the Schedule is delayed for any reason, such that the Artwork is not sufficiently
complete to reasonably permit installation prior to the 2019 Art Basel Show, the City, at its
discretion, may postpone the installation to coincide with another high impact two-week period in
2020. If the delays to the schedule were solely and directly caused by acts of the City, then the
City shall reimburse the Contractor for all out-of-pocket expenses for storage costs incurred
because of the delay, provided that such costs are documented to the City's satisfaction. Except
as specified herein, in no event shall City have any obligation to Contractor, nor shall Contractor
have any entitlement to, any additional compensation resulting from any delays in installation or
presentation of the Work.
3.4 Contractor acknowledges and agrees that, except as specified in Section 3.3, Contractor's sole
and exclusive remedy for delays shall be a reasonable extension of time to complete and install
the Work, as provided in Section 3.3. In no event shall City have or owe any obligation to
Contractor, nor shall Contractor have any entitlement to, any compensation resulting from delays,
and NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF
TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS,
including any claim or demand for payment or compensation of any kind for direct, indirect,
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consequential, impact, or other costs, expenses, lost profits, compensation, reimbursement or
damages including costs of acceleration or inefficiency arising because of delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference, or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, such delays are not due solely to fraud, bad faith
or willful or intentional interference by the City in the performance of its obligations hereunder,
and then only where such acts continue after Contractor's written notice to the City of such
alleged interference in accordance with the requirements of Section 3.6.
3.5 Notwithstanding the foregoing, the City may, with the agreement of the Contractor, adjust the
schedule of payments set forth in Exhibit B,as necessary,to account for Project-related delays that
do not arise from or relate to the Contractor's actions or omissions and are beyond the Contractor's
reasonable control.
3.6 Where any delay conditions arise,the Contractor shall so notify the Contract Administrator in writing
no later than ten (10) days of the occurrence of the events giving rise to the claimed delay, with a
detailed explanation describing all of the circumstances beyond the Contractor's control that do not
permit Contractor to complete the Work as described in this Agreement in the time allotted, an
explanation of how the delay has specifically impacted Contractor's Schedule, and any supporting
documentation relating thereto. In such event, the Contractor agrees that the Contract
Administrator shall be the sole judge of what constitutes an event or circumstances "beyond the
Contractor's control." Contractor's failure to timely present a request for time extension or other
claim in accordance with this Article 3 shall be conclusively deemed a waiver, abandonment or
relinquishment of any such claim, it being expressly understood and agreed that the timely
presentation of claims, in sufficient detail to allow proper investigation and prompt resolution
thereof, is essential to the administration of this Agreement.
3.7 In the event the Contractor causes a delay that impacts the construction/installation schedule for
the project at the Site, the Contractor shall have the duty to accelerate its services to mitigate the
delay at no additional cost to the City. If the Contractor is unable to mitigate the delay in an
acceptable and effective manner, the Director may terminate this Agreement pursuant to Section
4.6.B of this Agreement.
3.8 Either party is excused from performance and shall not be liable for any delay in delivery or for non-
delivery, in whole or in part, caused by the occurrence of a major force event such as hurricane,
fire, civil disobedience, riots, rebellions, explosion, flood, storm, Acts of God, and similar
occurrences. Failure to fulfill contractual obligations due to major forces set forth in the preceding
sentence will not be considered a breach of contract, provided that such obligations shall be
suspended only for the duration of such condition.
3.9 The Contract Administrator may at any time suspend this Agreement for a period not exceeding
one hundred and eighty(180)days or such further period to which the parties may agree, by giving
written notice to the Contractor of such suspension, which all shall become effective upon receipt
by the Contractor of the written suspension notice. An equitable adjustment shall be made in the
time of performance of the Services, and the Agreement shall be modified accordingly, if the
suspension results in an increase in the time required for performance of the Services and
compensation payable to the Contractor under Article II shall be modified in accordance with costs,
if any, as demonstrated and documented pursuant to Section 4.17 by the Contractor to result
directly from such suspension.
ARTICLE 4
COMPENSATION
4.1 As full and complete consideration for all Work or Services to be performed by the Contractor(and
its subcontractors, suppliers and vendors) hereunder, City shall pay Contractor, in the manner
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specified in Section 4.4 and Exhibit "B" (Compensation and Schedule of Payments) hereto, the
amount not-to-exceed Two Hundred Seventy Thousand, Four Hundred Dollars and No Cents
($270,400.00),which amount shall be the total compensation to Contractor for the Project, inclusive
of the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees,
general conditions costs, applicable taxes, overhead and profit for the timely completion of the
Work in accordance with the Project Schedule.
4.2 Contractor may submit invoices for compensation as referenced in Exhibit "B", but only after the
portion of the Work for which the invoice is submitted has been satisfactorily completed and
accepted by the Contract Administrator.
An original invoice shall be submitted to the Contract Administrator within fifteen (15) days of the
end of the month, except the final invoice, which must be received no later than thirty (30) days
after completion of all Work. Invoices shall designate the nature and portion of the Work performed
(percentage of completion). All invoices must be signed off and approved by the Contract
Administrator as a condition of approval for payment by City. A written Project progress report shall
accompany each invoice, describing the Work completed during that period. Photographic
documentation demonstrating progress of the Work shall also be included with each invoice, if
required by the Contract Administrator.
4.3 City shall pay Contractor(but only for Work satisfactorily performed and accepted by the Contract
Administrator), within thirty(30)calendar days of receipt by the City of Contractor's proper invoice.
Invoices shall be submitted by Contractor to the City as follows:
Matt Kenny, Contract Administrator
Director, Tourism and Culture Department
City of Miami Beach
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
mattkenny@miamibeachfl.gov
4.5 Notwithstanding any provision of this Agreement to the contrary, City may, at the sole and
responsible discretion of the Contract Administrator, withhold a portion of any or all payments due
under the Agreement, to the extent necessary to protect itself from loss on account of inadequate
or defective Work which has not been accepted by Contract Administrator, or which has not been
remedied or resolved in a manner satisfactory to Contract Administrator.
4.6 Payment shall be made to Contractor at:
Torres Construction Group, Inc.
1085 East 28th Street
Hialeah, Florida 33013
Contractor Tel: 305-877-3509
Email: Jerry@containervenue.com
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Any significant changes in the scope of services, including, without limitation, any material change
in the design, color, size, material, utility and support requirements, and/or texture of the Artwork
or of the Project; or location of the Site; or to Contractor's compensation; or any other material
changes in the terms and conditions of the Agreement, must be approved in writing as an
amendment to this Agreement; must be executed by the parties; and is further subject to approval
by the City Manager or City Commission, as applicable, prior to implementation of same. City
acknowledges that,due to the nature of his practice,the Contractor may make changes to the color
and design of the Artwork while working on site, but will communicate with the Contract
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Administrator about such changes. Any such changes would only require an amendment to this
Agreement if the resulting Artwork looked radically different from the design maquette approved by
City.
ARTICLE 6
CONTRACTOR'S WARRANTIES
6.1 Contractor warrants to the City that if the Artwork is duplicated, copied, and/or otherwise replicated
by Contractor (with the Artist's permission) with respect to any future commissioned public or
private projects, any such work must be credited as follows: "Order of Importance (2019) by
Leandro Erlich. A site-specific work commissioned by the City of Miami Beach." Following the
presentation of the Artwork at the Site,the Project must not be reproduced within a one-year period
at any location within the United States, and all future reiterations of the Project must be credited
as above.
6.2 Contractor warrants to the City that reasonable maintenance of the Project will not require any
extraordinary procedures or efforts. Contractor warrants that the adhesives and other materials
used to affix sand to the vehicles to create the sand sculptures shall be watertight and sufficient to
maintain the integrity of the Artwork, and to withstand rain, wind, and other adverse tropical climate
conditions typical for South Florida, during the fifteen (15) day period of time the Artwork will be
displayed at the Site, (currently scheduled from December 1, 2019 through December 15, 2019).
6.3 Contractor warrants to the City that it shall deliver the Project to the City free and clear of any liens
from any source whatsoever.
6.4 After the conclusion of the fifteen (15) day period for the exhibition or display of the Artwork
(currently scheduled for December 1, 2019 through December 15, 2019), the Contractor shall not
be responsible for any deterioration caused by the climactic conditions in Miami or any defects
caused by materials or protective processes that the Contract Administrator has approved. Subject
to the above, the Contractor warrants to the City that the Work be free from materials not approved
by the Contract Administrator and defective workmanship for the duration of the project.
6.5 [Intentionally omitted]
6.6. Contractor with respect to all warranties, express or implied, shall:
a. Obtain all warranties that would be given in normal commercial practice;
b. Require all warranties to be executed, in writing, for the benefit of the City, if directed by the
Contract Administrator; and
c. Enforce all warranties for the benefit of the City, if directed by the Contract Administrator.
ARTICLE 7
OBLIGATIONS OF City
7.1 City shall:
a. Provide Contractor, upon reasonable request, but without warranty or representation by City of
any kind, any background materials and information on matters affecting the Site.
b. Provide Contractor with the Project Budget;
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c. Arrange for access so that Contractor may enter upon the Site, during customary business
hours, for Contractor to perform the Work;
d. Give prompt written notice to Contractor whenever the City becomes aware of any development
that affects the scope or timing of the Work;
e. Arrange public meetings and consultations, as deemed necessary by the City Manager;
f. Review submitted materials in a reasonably timely manner;
g. Prepare and install, at its expense, a plaque or sign identifying the artist Leandro Erlich, the
title of the Project, materials used, year of completion, and a narrative explanation of the
Project, and reasonably maintain same in good repair; and
h. Reasonably assure that the Project is properly maintained, strictly in accordance with the
maintenance instructions supplied by the Contractor and/or artist, as set forth in Exhibit "C";
and
i. Give prompt written notice to Contractor within a reasonable time after the discovery of any
failure, defect, or damage.
ARTICLE 8
ALTERATIONS OF THE SITE OR OF THE WORK
8.1 The City agrees to make all reasonable efforts to maintain the integrity of the Artwork. It is an
inherent nature of any site to be vulnerable to physical alterations of varying degrees that may arise
out of a functional need consistent with its intended design and usage and/or the operational
requirements of the Site. Respectively, the integrity and authenticity of the Work may become
compromised by an alteration of the Site if the Work is an integral component of the Site. It is with
the express understanding above that the Contractor hereby agrees to waive all rights to monetary
compensation for any acts of the City arising out of operational requirements which may cause
alterations to the Site and/or the Work.
The City shall notify the Contractor of any proposed alteration of the Work or of the Site that would
affect the intended character and appearance of the Work, and shall consult with the Contractor in
the planning of any such alteration. If any such alteration of the Site or of the Work is made without
the express written approval of the Contractor,the Contractor may elect, upon a minimum advance
written notice of five (5) business days, to enter upon the Site and at Contractor's sole cost and
expense paint over the Artwork and remove or obliterate the public notice, plaque or sign referred
to in Article 7 above, as well as any signature or other emblem identifying the Contractor with the
Work, and may take such other action as he/she may choose in order to disavow the Work.
8.2 The City agrees to take such reasonable measures, as it deems necessary, in its reasonable
discretion, to maintain the Artwork in accordance with the instructions provided by the Contractor
or Artist. City shall have the right to determine, after consultation with a professional conservator,
when (and if) repairs and restorations to the Artwork will be made. The City may, in its sole
discretion, consider Contractor in making or personally supervising significant repairs or
restorations. All repairs and restorations shall be made in accordance with recognized principles
of conservation and in accordance with instructions provided by the Contractor or Artist.
ARTICLE 9
INTELLECTUAL PROPERTY
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9.1 INTELLECTUAL PROPERTY.All copyrights,moral rights trademarks,service marks, logos and other
images related to the Artwork (if any), and any right to commercially exploit the same (all of the
foregoing, collectively and individually, the "Intellectual Property") shall be the exclusive property of
the Artist. Artist may apply to register any mark or copyright which depicts, is derived from,
represents, duplicates, or is related to Contractor the Artwork.
9.2 If and to the extent Contractor is determined to have any rights to any Intellectual Property related to
the Artwork, notwithstanding Section 9.1 or any other term or condition of this Agreement, Contractor
hereby grants to City a non-exclusive, irrevocable, and royalty-free license for the period that the
Artwork is located at the Site to reproduce, make, print and/or publish photographic, filmed or
videotaped reproductions, and other two-dimensional likenesses, of the Artwork (including, without
limitation,any proposals for the Artwork),and to use any such reproductions, in any medium or format
whatsoever, whether existing or hereinafter invented, for any non-commercial public promotional
purpose, or any other non-commercial purpose that promotes or identifies the Artwork as being
located within the City of Miami Beach, including tourism-related promotional or collateral materials
with respect thereto, as determined solely by the City, in its discretion. In furtherance of the foregoing
irrevocable non-exclusive license, Contractor hereby waives any rights, including moral rights, that
Contractor may have to object to City's depiction of the Artwork as being located within the City of
Miami Beach, in any promotional or collateral materials of the City of Miami Beach. It is understood
that either of the parties to this Agreement may permit photographic, filmed, videotaped or other
reproductions of the Artwork to appear in newspapers, magazines, periodicals, books, motion picture
films,videotaped films, and/or any other media. Notwithstanding anything to the contrary herein, any
reproduction of the Artwork for commercial purposes (including on merchandise or in commercial
advertising for third party products) shall be subject to the Contractor's advance written approval. In
connection with any such reproduction and publication by a third party, that party shall be solely
responsible for arranging any consent and/or credit with Contractor,and the City shall have no liability
to Contractor and/or to third parties as a result of any failure by third parties to obtain authorization
by Contractor, or give credit to Contractor, for such third party uses.
9.3 Contractor agrees that all Work shall comply with all applicable patent,trademark and copyright laws,
rules, regulations and codes. Contractor further agrees that it will not knowingly use any third party's
patent, trademark or copyright unless Contractor has obtained proper permission and all releases,
and other necessary documents. If Contractor uses any protected material, process or procedure,
Contractor shall disclose such patent, trademark or copyright in the construction drawings and
technical specifications and, in any event, prior to actual fabrication of the Artwork.
9.4 INFRINGEMENT. In the event that City learns of any infringement, threatened infringement, or
passing-off of all or any portion of the Artwork by a third party, City shall make all reasonable
efforts to notify Contractor at the address provided in the Notices section of this Agreement.
Contractor shall consult with City before bringing infringement actions against third parties but the
decision to commence proceedings shall be in the Contractor's sole discretion. In any event, City
and Contractor will reasonably cooperate with each other to prosecute any such action including,
without prejudice to the generality of this requirement, consenting to be a party to the proceedings.
9.5 Notwithstanding any provision to the contrary, City shall have the right, at its sole discretion, while
the Artwork is exhibited at the Site, to take, or cause to be taken, photographs, video, audio, or other
recordings or reproductions of the Artwork at the Site, without regard to the format for any such
recording or reproduction, and to use any such reproductions for any non-commercial public
promotional purpose, or any other non-commercial purpose that promotes or identifies the Artwork
as being located within the City of Miami Beach, including tourism-related promotional or collateral
materials with respect thereto, as determined solely by the City, in its discretion. City shall also have
the right, at its sole discretion, to install signage prominently displaying City's logo and highlighting
City's support for the arts at the entrances to the Site and in proximity to the Site, with such signage
underscoring that the Artwork was sponsored, underwritten, commissioned and/or otherwise made
possible by the City of Miami Beach, and the Mayor and City Commission of the City of Miami Beach.
9
ARTICLE 10
TERMINATION
10.1 Termination for Cause. This Agreement may be terminated for cause by the City Manager, upon
thirty (30) days' prior written notice to Contractor.
a. Termination of this Agreement for"cause" shall include a persistent and material failure to
continuously and diligently prosecute the Work in a timely manner calculated to meet or
accomplish the objectives of City as set forth in this Agreement; a material breach of the
provisions of this Agreement which has not been cured within 60 days of the Contractor
receiving written notice of the same ; or for any other reason strictly necessary to protect
the health, safety, or welfare of the general public.
b. Notice of termination shall be provided in accordance with the Notices section of this
Agreement except that notice of termination which the City deems necessary to protect
the public health, safety, or welfare may be given by verbal notice, which shall be
promptly confirmed in writing in accordance with the Notices section of this Agreement.
c. In the event of a termination under this Article, the City shall be fully discharged from any
and all liabilities, duties and terms arising out of/or by virtue of this Agreement.
Notwithstanding the above, Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by Contractor. The City,
at its sole option and discretion, shall be additionally entitled to bring any and all
legal/equitable actions as it may deem necessary to enforce the City's rights and
remedies against Contractor. The City shall be entitled to recover all costs of such
actions, including reasonable attorney's fees.
10.2 Termination by Contractor for Cause. If City fails to make payment to Contractor of any undisputed
amount due pursuant to this Agreement or if City materially breaches the provisions of this
Agreement, Contractor shall notify City of such breach of the Agreement by written notice in
accordance with Section 11.6 hereunder. If the breach is not cured within thirty (30) days after
City's receipt of written notice, Contractor may terminate this Agreement immediately upon written
notice to the City.
10.3 Termination for Convenience. City may terminate this Agreement for its convenience at any time
upon furnishing thirty(30) days written notice to Contractor. In the event the City terminates this
Agreement for convenience, the Contractor shall at his/her discretion have the right to either:
a. Compensation for non-refundable expenses incurred and work satisfactorily performed
prior to the date of termination (without allowance for an anticipated profit on unperformed
services), less payments made to the Contractor prior to the date of termination, in which
event the City shall have the right at its discretion to possession and transfer of title to the
sketches, design, and models already produced and submitted or produced for submission
by the Contractor under this Agreement, provided that no right to fabricate or execute the
Work shall pass to the City; or
b. the possession of all sketches, designs, models or other documents or materials produced
and submitted or produced for submission to the City in the course of the Contractor's
performance under this Agreement prior to termination, in which case the Contractor shall
remit to the City a sum equal to the payments (if any) made to the Contractor pursuant to
this Agreement, less non-refundable expenses incurred by the Contractor prior to
termination.
10
ARTICLE 11
MISCELLANEOUS
11.1 AUDIT RIGHT AND RETENTION OF RECORDS
City shall have the right to audit the books, records, and accounts of Contractor as they relate to
the Project. Contractor shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project.
Contractor shall preserve and make available, during customary business hours, for examination
and audit by the City, Mayor and/or his authorized representatives, all financial records, supporting
documents, statistical records, and any other documents pertinent to this Agreement and for the
Project,for the required retention period of the Florida Public Records Act(Chapter 119, Fla. Stat.),
or for a minimum period of three (3) years after termination of this Agreement, whichever is longer.
If any audit has been initiated and audit findings have not been resolved at the end of the retention
period or three (3) years, whichever is longer, the books, records, and accounts shall be retained
until resolution of the audit findings.
11.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH
DISABILITIES ACT
Contractor shall not unlawfully discriminate against any person in its operations and activities or in
its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by City, including Titles I and II of the ADA(regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards.
Contractor's decisions regarding the delivery of services and work under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully used as a basis for service delivery.
11.3 PUBLIC ENTITY CRIMES ACT
Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Fla. Stat. §287.133), which essentially provides that a person or affiliate who is a contractor,
consultant or other provider and who has been placed on the convicted vendor list following a
conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or
services to City, may not submit a bid on a contract with City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to City, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with City, and may not transact any business with City in excess of the threshold amount provided
in Section 287.017, Florida Statutes,for category two purchases for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this section shall result in termination
of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's
competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit,that it committed an act defined by Section 287.133, Florida Statutes,as a public
entity crime and that it has not been formally charged with committing an act defined as a public
entity crime regardless of the amount of money involved or whether Contractor has been placed
on the convicted vendor list.
11.4 INDEPENDENT CONTRACTOR
11
Contractor is an independent contractor under this Agreement. In providing such services, neither
Contractor nor its agents shall act as officers, employees, or agents of the City. This Agreement
shall not constitute or make the parties a partnership or joint venture, nor does this Agreement
constitute a work for hire arrangement or agreement.
11.5 THIRD PARTY BENEFICIARIES
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Agreement. Therefore, the parties agree that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them based
upon this Agreement. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
11.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a
written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties designate
the following:
FOR City:
City of Miami Beach
Art in Public Places
1700 Convention Center Drive
Miami, FL 33139
Attn: Brandi Reddick, Cultural Affairs Manager
Tel: 305.673.0000 ext. 26256
brandireddick@miamibeachfl.gov
FOR Contractor:
Torres Construction Group, Inc.
1085 East 28th Street
Hialeah, Florida 33013
Contractor Tel: 305-877-3509
Email: Jerry@containervenue.com
11.7 ASSIGNMENT AND PERFORMANCE
Contractor shall not assign, transfer, or encumber all or any portion of this Agreement without the
prior written consent of the City, which consent, if given at all, shall be at such party's sole
discretion.
Contractor shall perform its duties, obligations, services,and work under this Agreement in a skillful
and respectable manner. The quality of the Work shall be comparable to the best national and
international standards.
Contractor represents that all persons providing any work or services required by this Agreement
have the knowledge and skills, either by training, experience, education, or a combination thereof,
to adequately and competently perform the duties related to the particular services and work
contemplated in the Scope of Services.
12
11.8 CONFLICTS
Neither Contractor nor its employees and/or sub-contractors shall, have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Contractor's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
Contractor agrees that none of its employees and/or sub-contractors shall, during the term of this
Agreement, serve as an expert witness against City in any legal or administrative proceeding in
which he or she is not a party, unless compelled by court process. Further, Contractor agrees that
such persons shall not give sworn testimony or issue a report or writing, as an expression of his or
her expert opinion, which is adverse or prejudicial to the interests of City in connection with any
such pending or threatened legal or administrative proceeding. The limitations of this section shall
not preclude Contractor or any other persons from representing themselves in any action or in any
administrative or legal proceeding.
11.9 CONTINGENCY FEE
Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee and/or sub-contractor working solely for Contractor, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee and/or sub-contractor working solely for Contractor, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For a breach or violation of this provision, the City shall have
the right to terminate this Agreement without liability, at its discretion, or to deduct from the
Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
11.10 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
11.11 COMPLIANCE WITH LAWS
Contractor shall comply with all Federal, State, and local (County and City) laws, codes,
ordinances, rules, and regulations in performing his duties, responsibilities, and obligations related
to this Agreement.
11.12 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City elects
to terminate this Agreement.
11.13 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this Agreement has been a joint effort of the parties,
the language has been agreed to by parties to express their mutual intent and the resulting
13
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
11.14 RIGHT OF DECISION
The City acknowledges and agrees that matters related to the Artist's design for the Artwork are
within the Artist's sole discretion, provided the Artist generally adheres to the original design
concept (and budget) upon which the Artist's selection was based. The Contract Administrator
shall decide and render administrative (proprietary) decisions on matters arising pursuant to this
Agreement which are not otherwise expressly provided for in this Agreement, including matters
relating to the administration of the Project and the fabrication, construction, delivery, installation,
and inspections of the Artwork, subject to Artist's reservation of rights to assert a claim in
accordance with this Agreement or applicable law. Subject to any such reservation of rights, all
work shall be performed by the Contractor and Artist at the sole direction of and to the reasonable
satisfaction of the Contract Administrator, who shall decide all claims, questions or disputes
concerning the prosecution and fulfillment of the Work hereunder, and the character, quality,
amount and value thereof(subject to the Artist having absolute control over aesthetic decisions in
relation to the Artwork),and the Contract Administrator's decisions thereon shall be conclusive and
binding upon the parties with respect to the administration of the Agreement. All decisions of the
Contract Administrator shall be written and transmitted to the Contractor. In the event that the
Contractor does not concur in the judgments of the Contract Administrator, the Contractor shall
present his written objections to the City Manager within thirty (30) days from the date of the
Contractor's receipt of such written decision. The Contract Administrator and the Contractor shall
abide by any administrative (proprietary) decision of the City Manager, subject to Contractor's
reservation of rights to assert any claim in accordance with the terms of this Agreement or
applicable law.
11.15 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida,
if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
11.16 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as this
Agreement and approved and executed by the City Commission (if over$100,000.00) or the City
Manager(if less than $100,000.00) and Contractor.
11.17 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein 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, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document in
accordance with subsection 11.16 above.
14
11.18 [Intentionally omitted]
11.19 INSURANCE
Contractor shall maintain, at its sole cost and expense, the following types of insurance coverage
at all times during installation of the Work on Site or until final acceptance of the Project,
whichever is later:
a. Comprehensive General Liability in the minimum amount of One Million ($1,000,000) dollars
per occurrence bodily injury, death, property damage, and personal injury. This policy must
also contain coverage for premises operations, products and contractual liability.
b. [Intentionally omitted]
c. Automobile insurance is required in the amount of Three Hundred Thousand($300,000)dollars
if Contractor will be parking vehicles on public property,which is not a designated public parking
space, to unload materials/supplies.
The City of Miami Beach must be named as an additional insured and policyholder on all insurance
certificates issued. All insurance policies must be issued by companies that are authorized to do
business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's
Key Rating Guide.
The policies of insurance referred to above shall not be subject to cancellation or changing
coverage except upon at least thirty(30)days prior written notice to the City, and then only subject
to the prior written approval of the City's Risk Manager. Prior to starting installation on Site,
Contractor shall provide Contract Administrator with a Certificate of Insurance for each such policy.
Should Contractor fail to obtain, maintain or renew the policies of insurance referred to above, in
the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums
expended by City in obtaining said insurance, shall be repaid by Contractor to City, plus ten percent
(10%)of the amount of premiums paid to compensate City for its administrative costs. If Contractor
fails to repay City's expenditures within fifteen(15)days of demand,the total sum owed shall accrue
interest at the rate of twelve percent(12%) until paid, and such failure shall be deemed an event of
default hereunder.
11.20 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City 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 negligent conduct of Contractor, its employees, agents, sub-consultants, or
any other person or entity acting under Contractor's control, in connection with Contractor's
performance of the Work pursuant to this Agreement; and to that extent, Contractor shall pay all such
claims and losses and shall pay all such costs and judgments 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 Contractor for performance of the Work under this Agreement is the specific
consideration from the City to Contractor for Contractor's Indemnity Agreement.
Contractor'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
15
arise or are alleged to have arisen from the gross negligence or willful misconduct of the City or 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.
The provisions of this Section 11.20 shall survive the termination or earlier expiration of this
Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
16
IN WITNESS WHEREOF,the parties have made and executed this Agreement on the respective dates, as
executed below by their respective duly authorized officials. .
City/City of Miami Beach, Florida Contractor/Name of Contractor
i ( -0, L---
By 11_ By
RARDO D TORRES
City Mana:-r (Contractor Name)
214 day •r O .ober' , 2019 1ST day of OCTOBER , 2019
ATTEST: Witnesses:
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City 9 Cler Si ature
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��'n` E r.4,.�� BARBARA MOLA
P`V`. C,�•
P t Name
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i nature
0 * INCORP 'ORATEDi ir ODALYS IZQUIERDO
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444 CH 26.
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney ,W Date
17
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
ARTWORK/PROJECT: "ORDER OF IMPORTANCE BY LEANDRO ERLICH," which consists of 66 used
cars coated in a sand adhesive to mimic the appearance of a sand carving. These cars will be arranged in
6 lanes of'traffic' to simulate a traffic jam on the beach. Some cars will be partially buried as if emerging
through the natural sand on the beach. The installation is depicted more fully in the concept design shown
on Exhibit"E," along with details of materials to be used for the Artwork.
PURPOSE: Contractor will fabricate, permit, transport, inspect, and install the above original work of art
(also referred to as Artwork or Project).
LOCATION OF SITE: Beach Front at Lincoln RD, Miami Beach, Florida as set out in Exhibit E.
ADMINISTRATIVE COORDINATION: The Contract Administrator shall be the City's authorized
representative to coordinate, direct, and review, on behalf of the City, all matters related to the Work.
Contractor shall maintain regular communication with the Contract Administrator via phone, letter or e-mail.
DESIGN COLLABORATION: During the design of the Artwork, Contractor shall coordinate its progress
with the Contract Administrator.The fabrication of the Artwork shall be coordinated with the design process
in the following areas: aesthetics, public presentations, construction documents, cost estimates and facility
project schedules. Should the design of the Artwork require specialized professional services, Contractor
shall hire an appropriate sub-consultant and/or sub-contractor, subject to the prior written approval of the
Contract Administrator. The City hereby approves Blue Lab Preservation Society Inc. as a subcontractor
to facilitate and assist with coordination of the Project. Blue Lab Preservation Society Inc. shall be
responsible for the Curation and Public Relations activities of the project.
Upon City's approval of the Artwork design, Contractor shall prepare all necessary construction documents
for fabrication of the Artwork and ancillary/support facilities needed to install the Artwork, as required by
this Agreement, and in compliance with all applicable laws and codes. Contractor shall provide all
necessary information on a timely basis to the Contract Administrator in the event that relevant components
of the Artwork design must be incorporated into the final construction documents where appropriate.
CONSTRUCTION AND INSTALLATION COORDINATION: During the fabrication, production and
installation of the Artwork, Contractor shall collaborate and coordinate the Work with the Artist, and with the
Contract Administrator or his/her designated public art project coordinator, Consultant, General Contractor,
or any other professional or individual designated by the City.The Contractor shall complete the installation
of the Artwork in accordance with the construction documents. The Contractor shall be responsible for
construction oversight during the fabrication and integration of all Artwork-related or Project-related
components, whether any such work is performed by Contractor, its subcontractors or others.
DELIVERABLES: The Contractor shall provide the following deliverables:
I-A [Intentionally omitted]
I-B [Intentionally omitted]
I-C Design Development. Contractor shall complete the design development of the approved Artwork,
coordinate the Work with the Contract Administrator, and secure all applicable approvals and
permits.Approval by the Contract Administrator and Notice to Proceed (for fabrication) shall occur
after submittal of all allocable Artwork deliverables.
1. Contractor shall submit a final design maquette for fabrication, a detailed cost estimate,
sub-contractor list, permits and approvals, and a fabrication and installation schedule. The
18
final design maquette shall be deemed approved if no objection has been raised to the
proposed design within 14 days of receipt.
2. If the verified cost exceeds the Project Budget, Contractor shall work with the Artist to
ensure a redesign of the Artwork would fit within the established budget, inclusive of all
payments to Contractor, at no additional charge to City.
3. Contractor shall coordinate and participate in all product and material testing related to the
Artwork in consultation with a local conservator recommended by City, if applicable, and
the final product and material shall be approved by the Contract Administrator subsequent
to testing.
4. This phase includes Site visits for coordination and presentation purposes.
I-D Fabrication and Installation. Contractor shall fabricate, deliver and install the Artwork at the location
shown in Exhibit E,as per the approved final design maquette. Contractor shall provide installation
administration services as required during the installation of the Artwork at the Site, (including, but
not limited to, the coordination of all applicable inspections by all governmental authorities having
jurisdiction over the Project).
I-E Final Conservation Documents. Upon completion and installation of the Artwork, Contractor shall
submit all photographic documentation and completed cataloging forms including shop drawings,
manufacturer specifications, and product cut-sheets, as applicable. If Contractor utilizes computer
technology in the fabrication of the Artwork, Contractor shall submit electronic copies of any
computer files that will support on-going operations or future repairs and conservation of the
Artwork. Contractor shall also submit replacement material(s) and/or parts, as applicable, and as
deemed necessary by Contract Administrator, to be used for future repairs of the Artwork
(quantities to be determined by Contractor and Contract Administrator). Contractor to demonstrate
any maintenance and replacement procedures of the Artwork, as deemed necessary by the
Contract Administrator.
I-F [Intentionally omitted]
SITE INSPECTIONS/SITE CONDITIONS/STAGING REQUIREMENTS. Prior to mobilization, the
Contractor and/or his subcontractor(s) shall visit and inspect the Site. Subsequent to such inspection and
throughout the course of the Work the Contractor shall notify the Contract Administrator of any storage,
access, power, water and other requirements for proper installation of the Work that are not to be provided
by the Contractor. The Contractor shall notify the Contract Administrator in writing of any adverse Site
conditions that may impede or otherwise impact the smooth and normal progress of the Work and which
require resolution before proceeding with any portion of the Work. The Contractor shall promptly report to
the Contract Administrator any condition pertaining to defective, unsuitable or unacceptable Site conditions,
including but not limited to Site obstructions or damages impacting the Work. The Contractor shall provide
such notice within a reasonable amount of time so as to allow the Contract Administrator to properly
coordinate with the field and not create any delays to the construction schedule. The Contractor shall be
responsible to provide security guard(s), 24 hours per day, for the entire period from load-in to load-out of
the Project.
COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated
components, Contractor shall be responsible for obtaining written final approval from Contract
Administrator. The Contract Administrator shall find the Work acceptable if the Artwork is installed to
substantially the same design as that of the approved final design maquette in the location specified in
Exhibit E using the materials approved by City and having followed all protective measures approved by
City, and all conditions of the permits and regulatory agencies are fulfilled. If all such requirements are met,
final acceptance shall be given by the Contract Administrator within one week of inspecting the completed
19
Artwork.All aesthetic considerations are in the sole discretion of the Contractor.The only grounds on which
the Contract Administrator may withhold issuing the final acceptance are:
(a) if the Contractor has failed to use materials approved by City;
(b) if the Contractor has failed to follow the steps approved by City to preserve and protect the Artwork;
(c) if the Artwork is manifestly incomplete or is radically different from the final design maquette; or
(d) if any of the necessary local permits or safety regulations have not been satisfied.
PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall
include images of all major aspects of the Project. The Contractor-supplied photo-documentation shall be
reproducible, at no cost to the City, for any non-commercial uses by the City.
COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: The Contractor shall participate in at
least one(1)community meeting and two(2)other public meetings, as shall be determined by the Contract
Administrator. The date of the community shall be coordinated with the Contractor schedule.
TIMELINE FOR COMPLETION: Contractor shall coordinate the progress of the Work with the Contract
Administrator.
PERMITS AND APPROVALS: With the assistance of a general manager recommended by City,
Contractor shall prepare applications and such documents and design data as may be required to procure
approvals from all such governmental authorities that have jurisdiction over the Project. Contractor, his
assistants or assigned subcontractors shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. Contractor shall respond to comments by such authorities in a timely
manner to adhere to Project Schedule. Contractor shall be responsible for formally transmitting and
receiving permits to and from the respective jurisdictional authorities. Contractor shall coordinate permitting
and approval related issues with the Contract Administrator. The receipt of all necessary permits is a
condition precedent to the fabrication of the Work. As of the effective date of this Agreement, it is anticipated
that the following governmental authorities may have jurisdiction over Project.
• City of Miami Beach Building Department
• City of Miami Beach Planning Department
• City of Miami Beach Public Works Department
• City of Miami Beach Historic Preservation Board or Design Review Board
Notwithstanding the above, the City's failure to identify governmental authorities that may have jurisdiction
over the Project shall not relieve Contractor from the responsibility to procure all requisite permits.
SITE PREPARATION: The City shall at all events be solely responsible for all expenses, labor and
equipment, and other costs required to prepare the Site for installation of the Project.
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20
EXHIBIT A-1
PROJECT SCHEDULE
21
"ORDER OF IMPORTANCE BY LEANDRO ERLICH" PRODUCTION SCHEDULE
as of SEPTEMBER 16th
IMPORTANT DATES:
ARTWORK PRODUCTION September 20th-November 15th
LOADING TRUCKS November 15th-November 21st
I NSTALALTIO N November 21st-November 30th
OPENING EVENT December 1st
INSTALLATION OPEN TO THE PUBUC December 2nd to December 15th
PAVILLON EVENTS TO BE PROGRAMMED December 2nd to December 8th
PAVILION LOAD-OUT December 9th to December 13th
ARTWORK LOAD-OUT December 16th to December 20th
FRIDAY EPTEMBER 20TH-FRIDAY NOVEMBER 15TH ARTWORK PRODUTION AT CONTAINER VENUES STUDIO
TIME ACTIVITY COMPANY CONTACT NOTES
SCULPTURE PRODUCTION CONTAINER VENUE JERRY 30547744509 SIRING VEHICLES,CLEANMG,PREPING SURFACE,APPLYING SAND TEXTURE RNISHING,
WWIPIVG AND PREPARING FOR INSTALLATION ON THE SMD.
PURCHASING SUPPLIES,EQUIPMENT AND MATERIALS ODNTAJNERVENUE JERRY 30547734509
FRIDAY NOVEMBER 15TH-WEDNESDAY NOVEMBER 20TH LOADING TRUCKS AND PREPARING FOR INSTALLATION
TIME ACTIVITY COMPANY CONTACT NOTES
LOADING TRUCKS AND PREPARING FOR INSTALLATION ON THE SAND CONTAINER VENUE JERRY 305477-34509
THURSDAY NOVEMBER 21v - SITE SURVEYING/MARKING
TIME ACTIVITY COMPANY CONTACT NC"S
8:00am PRODUCTION TEAM ON SITE ODNTAIERVENUE JERRY 305377-34509
8:30am SITE MARKING/LEVEUNG/STAKING OONTAIIERVE.MJE JERRY 305477-34509
9am Off DUTY POLICE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POUCE TBC
9:30am Sand Sifting leveling-EVENT AREA CONTMN6LVENUE JERRY 305-877-34509 Sand Sifter anlyw to Aft and level the entire event area.
FRIDAY NOVEMBER 22nd- LOAD-IN BEGINS
TIME ACTIVITY COMPANY CONTACT NOTES
7am PRODUCTION TEAM ON SITE JERRY 305477-34509
7am OFF DUTY POUCE ARRNES (VEHICLE ESCORT) MIAMI BEACH POLICE TBC OR Duty officers I Veld.Escort.for load-In.
7am EQUIPMENT DELIVERY-FORKIJFTS,GENERATORS,LIGHT TOWERS SUNBELT RENTAL
8am BARRICADE PERIMETER SET-UP CONTAINER VENUE JERRY 30547734509 Set up perimeter around work area to wan ale.
8:30am SCULPTURE DELNERY AND PLACEMENT CONTAINER VENUE TBD SCULPTURE DELNERY-130 AM-520 PM
8:30am TENT,STRUQJRES,DECKING,STAGING DELNERY CONTAINER VENUE TPC. STRUCTURES MARRY-120AM-520 PM
7pm OVERNIGHT SEOJRITYARRNES Overnight Security ArtNw 7 pre-7am
7pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POLICE I Escort All vehicles off the beach.
SATURDAY NOVEMBER 23rd-LOAD IN CONTINUES
TIME ACTIVITY COMPANY CONTACT NOTES
lam PRODUCTION TEAM ON SITE JERRY 305477-34509
7am OFF DUTY POUCEAl01NE5 (VEHICLE ESCORT) MIAMI BEACH POLICE 1 Off Duly afloao I Veld.acerb for load-in.
7am EQUIPMENT DELIVERY-FORKIJFTS,GENERATORS,UGHT TOWERS SUNBELT RENTAL
Sam BARRICADE PERIMETER SETUP CONTAINER VENUE JERRY 305-87734509 Set up perbrrravundwelt area le mane Ile.
8:30am SCULPTURE DELNERY AND PLACEMENT CONTAINER VENUE SCULPTURE DELIVERY-830 AM-5:30 PM
8:30am TENT,STRUOJRES,DECKING,STAGING DELIVERY CONTAINER VENUE STRUCTURES DELNERY-830 AM-5:30 PM
7pm OVERNIGHT SECURITY ARRIVES TEC Overnight Security Anh..7 prn-7 one
7pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POUCE ,Escort ALL vehicles off the beach.
SUNDAY °JOVEMBER 24th-LOAD IN CONTINUES
TIME ACTIVVV C.,.. --O CONTACT NOTES
7am PRODUCTION TEAM ON SITE JERRY 30587734509
7am OFF DUTY POLKA ARRIVES (VEHICLE ESCORT) MIAMI BEACH POUTBC Off Duty celesta I Void.Ema for load-in.
7am EQUIPMENT DELIVERY-FORKLIFTS,GENERATORS,LIGHT TOWERS SUNBELT RENTAL
Sam BARRICADE PERIMETER SET-UP CONTAINER VENUE JERRY 305-877-34509 Set up perirnstar round waft arse to ensure aka.
8:30am SCULPTURE DELNERY AND PLACEMENT CONTAINER VENUE TBD SCULPTURE DELIVERY-8:30AM-530 PM
8:30am TENT,STRUCJRES,DECKING,STAGING DELIVERY CONTAINER VENUE TBD STRUCTURES DELNEILY-830AM-530 PM
7pm OVERNIGHT SECURTTY ARRIVES TBD Overnight Security Aetna 7 pne-7 an
7pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POLICE 6cwt ALLv.hkl.r off the heady.
MONDAY NOVEMBER 25th-LOAD IN CONTINUES
TIME .YCT IFIT' COMPANY CONTACT NOTES
Barn PRODUCTION MANAGER ARRNES CONTAINER VENUE TBC
Bam OFF DUTY POLICE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POLICE Off Duty officers I Wide Escorts for ked-in.
Elam TENT INSTALLATION BEGINS CONTAINER VENUE JERRY 305-877-34509
8:30am SCULPTURE DEUVERYA9D PLACEMENT CONTAINER VENUE SCULPTURE DELNf3RY-83ONA-530 PM
gam-6pm AN AND LIGHTING LOAD IN CONTAINER VENUE TBC
gam-6pm CATERING EQUIPMENT LOAD IN TBC TBc
12pm TOILET TRAILER PL CEMENT RELIANCE CONTRACTORS Josh/Erika 305575-9149
7pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POLICE Escort ALL vehicles off**beach.
7pm OVERNIGHT SECURIYARRIVES TBC
TUESDAY NOVEMBER 26th-LOAD IN CONTINUES
TIME ACTIVITY COMPANY CONTACT NOTES
Sam PRODUCTION MANAGER ARRIVES CONTAINER VENUE TBC
8am OFF DUTY POLICE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POLICE TAC Off Duty officers I Wide Beefeater load-In.
8:30am SCULPTURE DELNERY AND PLACEMENT CONTAINER VENUE TBD SO PTURE DELIVERY-8:30 AM-5:30 PM
gam-6pm FINISHING ANAND UGHTINGSET-UP CONTAINER VENUE TBC
bpm ALLVEH ICLES OFF THE BEACH MIAMI BEACH POLICE "c.. Escort ALL vehicles off the beach.
7pm OVERNIGHT SECURTTYARRNES TBC TBD
WEDNESDAY NOVEMBER 27th-FINALIZE LOAD-IN
TIME ACTIVITY COMPANY CONTACT NOTES
8am PRODUCTION MANAGER ARRIVES CONTAINER VENUE TBC
lam OFF DUTY POLICE ARRNES (VEHICLE ESCORT) MIAMI BEACH POUCE TBC Off Duty officals I Voids Escorts for bad-fn.
8:30am FINALIZE SCULPTURE DELNERYAM)PLACEMENT CDNTAIPERVEMJE TED SCULPTURE DELNERY-8:30 AM-590 PM
9am-6pm FINAL DAY OF AN AND LIGHTING SET-UP CONTAINER VENUE TBC
6pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POLICE TED Escort ALL vehicles off the beach.
7pm OVERNIGHT SECURITY ARRIVES 7SC TED
THURSDAY NOVEMBER 28t1- - THANKSGIVING DAY
TIME ACTIVITY COMPANY CONTACTNOTES
9am PRODUCTION MANAGER ARRNES CONTAINER VENUE TIC
9am OFF DUTY POLICE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POLICE TEC Off Duty officers I Velele Escorts for load-In.
9:30am LAST MINUTE DELIVERIES IF NEEDED CONTAINER VENUE TED ONLY IF NEEDED
fpm ALL VEHICLES OFF THE BEACH MIAM I BEACH POUCE TBD 6owtALLvehIcles off the beach.
1pm OVERNIGHT SECURITY ARRIVES TEC TED
FRIDAY NOVEMBER 29th-SOUND CHECKS/LIGHTING CHECKS
TIME ACTIR'I-'' COMPANY CONTACT NOTES
9am PRODUCTION MANAGERARRNES CONTAINER VENUE TIC
9am OFF DUTY POUCE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POLICE T8C ON Dear Akan I Veda Eaenbfer leadin.
9:30am LAST MINUTE DELNERIES IF NEEDED CONTAINER VENUE TBD ONLY FNEEDED
10am SPECIAL INSPEOTONS,BUILDING,ELECTRICAL ETC SPECIAL INSPECTOR TBC
12pm SOUND CHECK CONTABNERVEMJE TBC SOUND CHECK
1-9pm LIGHTING TESTS CONTAUBtVEMUE TEC.
5pm ALL VEHICLES OFF THE BEACH MIAMI BEACH POLICE ESoort ALLvehidw offtha beach.
7pm OVERNIGHT SECURITY ARRIVES M TBD
SATURDAY NOVEMBER 3Ot. -SOUND CHECKS/UGHTING CHECKS (BACK UP DAY)
TIME I ACTIVITY COMPANY CONTACT NOTES
9am PRODUCTION MANAGER ARRIVES CONTAINER VENUE TBC
9am OFF DUTY POLICE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POUCE TIC Off Duty officals I Valeta Emma for load-in.
9:30am LAST MINUTE DELNERIES IF NEEDED CONTAINER VENUE TED ONLY F NEEDED
12pm SOUND CHECK CONTAINER VENUE TED SOUND CHECK
1-9pm LIGHTING TESTS CONTAINER VENUE TED
5pm ALL VEHICLES OFF THE BEACH MMMI PEACH POUM EScartALL vahklao off the b-ach.
7pm OVERNIGHT SECURITY ARRIVES THC TBD
SUNDAY DECEMBER l< -Order Of Imporance OPENING EVENT
TIME ACTIVITY COMPANY CONTACT NOTES
9am PRODUCTION MANAGER ARRIVES CONTAINERVBIJE THC
9am OFF DUTY POUCE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POUCE TBC Off Duty offioara I Wel.Faaartsfar h. Ii.
9:30am LAST MINUTE DEIVERJES IF NEEDED CONTAINER VENUE TBD ONLY IF NEEDED
2-9pm OPENING EVENT OW OF MIAMI BEACH TBC
9pm OVERNIGHT SECURITY ARRIVES TBC TBD
MONDAY DECEMBER 2nd-MONDAY DECEMBER 16th ORDER OF IMPORTANCE OPEN TO THE PUBUC
TIME aCE i I _,N.A' NY CONTACT NOTES
9am PRODUCTION MANAGER ARRIVES CONTAINER VENUE THC
9am INSTALLATION OPEN TO THE PUBUC TBC HOURS THD
7pm OVERNIGHTSECURFY ARRIVES TBC TBD
MONDAY DECEMBER 2nd-SUNDAY DECEMBER 8th PAVIUJON EVENTS TO BE PROGRAMMED
TIME A'-IVITY COMPANY CONTACT NOTES
gam PRODUCTION MANAGER ARRIVES CONTAINER VENUE THC
gam PRNATE PANIJON EVENTS TO BE PROGRAMED BUM LAB/CONTANERVENUE '"BC HOURS TBD
7pm OVERNIGHT SECURITY ARRIVES TBC TEC
MONDAY DECEMBER 9nd-SUNDAY DECEMBER 15th PAVIWON LOAD OUT
TIME ACTIVITY COMPANY CONTACT NOTES
8am PRODUCTION MANAGER ARRIVES CONTAINER VENUE TBC
9am OFF DUTY POUCE ARRIVES (VEHICLE ESCORT) MIAMI BEACH POUCE TAC Off Dory ofFkerr I Veicle Escorts for load-in.
9am PAMLIJON LOAD OUT CONTAINER VENUE TBC gam-bpm
7pm OVERNIGHT SECURITY ARRNES TBC TBD
MONDAY DECEMBER 16th-FRIDAT DECEMBER 20th SCULPTURES LOAD OUT
TIME AC?INTI Y COMPANY CONTACT NOTES
8am PRODUCTION MANAGER ARRNES CONTAINERVBIIJE THC
gam OFF DUTY POLICE ARRMES (VEHICLE ESCORT) MIAMI BEACH POUCE TBC Off Duty offiwrs I Vekle Eatorts for load.
gam SORJRURES LOAD OUT CONTAINER VENUE TBC 9m 6pm
7pm OVERNIGHT SECURITY ARRIVES THC TBD
-
FRIDAT DECEMBER 20th FINAL DAY OF LOAD OUT
TIME ACTIVITY - COMPANY CONTACT
Barn PRODUCTION MANAGER ARRNES CONTAJNER VENUE TBC
gam SAND Sifting ENTIRE EVENT AREA MIAMI DADE COUNTY TBC 9an►bpn
EXHIBIT B
COMPENSATION AND SCHEDULE OF PAYMENTS
City shall pay Torres Construction Group, Inc. the total sum of Two Hundred Seventy Thousand, Four
Hundred Dollars and No Cents ($270,400.00) for the Work contemplated in this Agreement, which sum
shall represent the total compensation to Torres Construction Group, Inc. No other amount shall be paid
to Contractor(including for reimbursable expenses).
Contractor will be paid in accordance with the foregoing specified installments, upon submission of
satisfactory invoices and documentation substantiating satisfactory completion of the portion of the Work
for which payment is requested, and upon Contract Administrator's acceptance of said portion of the Work
(as applicable). Additionally, each invoice shall include a written progress report, with a narrative
discussion of all activities in progress during the report period, photo documentation where appropriate,
based upon the stated Scope of Services and payment description.
Payments to Contractor shall be made for Work satisfactorily completed in accordance with the following
schedule:
1. Payment#1: One Hundred and Seventy-Five Thousand, Seven-Hundred and Sixty Dollars and No
Cents ($175,760.00) (which is approximately 65% of the fixed fee) to be paid upon the signing of
the contract.
2. Payment #2: Sixty-Seven Thousand, Six-Hundred Dollars and No Cents ($67,600.00) (which is
approximately 25% of the fixed fee) to be issued upon receipt and approval of progress reports,
and required supporting documentation (i.e. invoices, cancelled checks, photographs, fabrication
updates).
3. Payment #3: Twenty-Seven Thousand and Forty Dollars and No Cents ($27,040.00) (which is
approximately 10% of the fixed fee)to be issued upon successful installation of the project.
22
Catalog#
EXHIBIT C
City OF Miami Beach
CATALOGING FORM
1. Contractor Information
A. 1. Name: Leandro Erlich
2. Name you want to use on label and PR materials, if differs from above:
B. Date of Birth: 11/05/1973
C. Place of Birth: Buenos Aires, Argentina
D. Address, e-mail, web site: Leandro Erlich
Rambla Republica de Mexico
11400 MONTEVIDEO
Uruguay
Contractor Tel: +54911 4855 8751
Email: info@leandroerlich.art
E. Contact Phone numbers
Business: +541148558751
Home:
Fax:
F. One paragraph biography of OAF:
Leandro Erlich was born in Argentina in 1973. He lives and works in Buenos Aires and
Montevideo. Over the past two decades, his work has been shown internationally and featured in
the permanent collections of major museums and private collectors. He enjoys particular renown in
Asia, and his most recent exhibitions at the MORI Art Museum (Tokyo, 2017) and CAFAM (Central
Academy of Fine Arts, Beijing) have attracted hundreds of thousands of visitors. On July 4th, he
opened LIMINAL, a major anthological exhibition at MALBA (Buenos Aires)
In 2001 he became Argentina's representative at the 49th Venice Biennale with Swimming Pool.
His public works include La Democracies del Simbolo, a joint intervention in the Obelisco monument
and MALBA Museum that captivated the city of Buenos Aires in 2015; Maison Fond marked the
UN Climate Change Conference in Paris and is on permanent display at the Gare du Nord (Nuit
Blanche, 2015); the celebrated installation B6timenf (Nuit Blanche, Paris, 2004) has been
23
reproduced in countries across the globe (France, The UK, Australia, Japan, Argentina, Ukraine,
Austria)
As a conceptual Contractor, his work explores the perceptual bases of reality and our capacity to
interrogate these same foundations through a visual framework. The architecture of the everyday
is a recurring theme in Erlich's art, aimed at creating a dialogue between what we believe and
what we see, just as he seeks to close the distance between the museum or gallery space and
daily experience.
II. Work of Art
A. Title: Oder of Importance
B. Medium: Large-Scale Temporary Sculpture Installation. Consists of 66 recycled vehicles of
different sizes, makes and models, with a sand texture finish staged on the sand resembling a traffic jam.
C. 1. Dimensions in inches or centimeters: H: 10' W:150' D: 300'
2. Image with frame (if any): H: W: D:
D. Frame Description:
E. Inscription marks:
F. In case of portable and multiple Artwork, note on Contractor preference for display(ex:
sequential series, installation height, spacing, etc...):
G. Artwork with electronic components used:
-Name of item:
-Manufacturer info (address, telephone, e-mail):
-Supplier info(address, telephone, e-mail):
H. Contractor Statement:
Nothing is as contemporary as traffic. Like shorthand for the ingenuity and shortsightedness
of the human mind, that which
takes us far is also that which holds us in place. In an echo of the bodies we inhabit,
each car is a discrete world that can be experienced as entirely separate, or as one
tiny link in an endless chain.We are imprisoned in our individuality; we are
all connected.
This installation recasts the 21st century traffic jam into the organic matter
of sand.
24
Standing before the eroded figure of a monument,
we witness the face of time—whether we chose to include ourselves
in its reach (or not).These life-like replicas of automobiles translate a
great symbol of modernity into its own ghost, sinking into the sand as
they disappear from view.
Solid matter is rendered as porous as air.
This is the flip side of impermanence, the endless creativity that issues forth from every
moment of every day. And so the emblematic traffic jam becomes a source of play and
improvisation, suggestive of the car choreography in Lalaland or Julio Cortazar's famous
story"Autopista del sur." Order of importance invokes time on a grand scale, reminding us
that we are all traveling down a road made of sand, but never without humor, never without
grace.
III. Fabrication Information
A. Material(s) used in Artwork: Recycled Vehicles, Sand, Paint,
B. Material Finish: Sand Texture
C. Materials used in the presentation of the project (maquette):
D. Fabricators (name, address, phone, e-mail, web site): TORRES CONSTRUCTION
GROUP, INC., 1085 E 28th ST, Hialeah, FL 33018
E. Fabrication method (attach diagrams or drawings): Refinishing recycled vehicles with
sand texture.
F. Engineer/Engineer(name, address, telephone, e-mail):
IV. Installation
A. Installation executed by(name, address, phone, e-mail, website): Blue Lab Preservation
Society Inc. 5454 Pine Tree Drive, Miami Beach, FL 33140, ximena@honeylab.art
B. Installation method (attach diagram of substructure, footings): Temporary Installation on
Lincoln Rd Beach.
C. Date of Installation: November 21 St,2019
V. External Factors
A. Describe physical positioning of the Artwork:
Staged on the sand at Lincoln Rd with a footprint of around 300' x 150' .
B. Describe existing environmental factors which may affect the condition of the Artwork:
25
C. If the work is site-specific, describe the relationship of the work to its site:
VI. Maintenance (attach schedule of maintenance and replacement instructions for specific
items: marble blocks, pin connection and any other supporting structure as applicable)
A. Short-term: Physical Artwork is Temporary and will last until Dec 15th, documented
versions of the artwork will live on in various mediums.
B. Long-term:
C. Note desired appearance of the Artwork:
/VIII: Digital copies for use in repair of sound art and graphic reproduction:
/-1
OCT 1ST,2019
Signature Date
26
EXHIBIT D
27
ORDER OF IMPORTANCE
as of September 16th,2019 QUANTITY COST BUDGET NOTES
PER UNIT
"RODUCTION COSTS
ART PRODUCTION
$ 700.00 Diffemt Model Cars.Based on the average cost of$700 per vehicle and Includes transportation to CV studio in homestead.BASED ON
VEHICLES 66 $ 46,200.00 RETURNING MOST OF THE CARS
EQUIPMENT AND SUPPLIES 1 $ 14,300.00 $ 14,300.00 Personal Safety and Protection Equipment,Sand Sprayers Etc.Sanding Papper
MATERIALS 1 $ 19,500.00 $ 19,500.00 "Beach"Sand from approved vendors,Clear Paint,Protective Coatings,Paint Thiner,Industrial Metal Cleaner,Industrial Adhesives.
DELIVERY/TRANSPORTATION 66 $ 500.00 $ 33,000.00 Roundrip Transportation(from Homestead to Beach and to supplier location after removal)(The ARTIST will keep some of the vehicles)
LABOR/INSTALLERS 1320 $ 20.00 $ 26,400.00 Crew to produce each CAR and includes Installation on site and Removal.
HEAVY EQUIPMENT RENTALS 1 $ 9,500.00 $ 9,500.00 Forklift,Sand tools and Supplies needed for install
LIGHTING FOR CAR INSTALLATION ON THE SAND INCLUDED IN PARTNERSHIP AT NO COST
TOTAL $ 148,900.00
LABOR AND EQUIPMENT FOR INSTALLATION ON THE SAND
LABOR AND EQUIPMENT 1 $ 51,500.00 $ 51,500.00
TOTAL $ 51,500.00
OPENING EVENT PAVILLION (TURN-KEY CONTAINER VENUE)
TENT AND STRUCTURES INCLUDED IN PARTNERSHIP AT NO COST TENT CONTAINER STRUCTURES,DECKING,FENCING
DELIVERY/TRANSPORTATION
LABOR/INSTALLERS
HEAVY EQUIPMENT RENTALS
AUDIO VIDUAL EQUIPMENT
TOTAL $ -
PRODUCTION MANAGEMENT
EXECUTIVE PRODUCER FEE REDUCED AS PART OF PARTNERSHIP$50,0000.00.
PRODUCTION MANAGER 1 $ 7,500.00 On site manager,Leads install and removal teams.
PRODUCTION ASSISTANTS 2 $ 5,000.00 Production Assistant/Runners
LOGISTICS MANAGER 1 $ 2,000.00 Oversees load-in and load-out operations,Receiving Equipment and Deliveries,Coorinates Trucks etc.
TOTAL $ 14,500.00
PERMITS AND LOGISTICS
SPECIAL EVENT PERMIT Waived by the city?
SQUARE FOOTAGE(WAIVED FOR NON-PROFITS) WAIVED BY THE CITY
ENGINEERING 1 $ 5,000.00 $ 5,000.00 Engineer fees,singed and sealed plans.
GENERAL CONTRACTOR INCLUDED IN PARTNERSHIP AT NO COST
BUILDING PERMIT 1 $ 1,000.00 $ 1,000.00 Paid to the city
ELECETRICAL PERMIT 1 $ 1,000.00 $ 1,000.00 Paid to the city
POLICE 1 $ 11,500.00 $ 11,500.00 2 OFFDUTY POLICE Officers-As required from Load-in to Loadout
FIRE DEPARTMENT 1 $ 1,500.00 $ 1,500.00 Fire review and Occupant Load Certificate.
SECURITY 1 $ 7,500.00_ $ 7,500.00 1 Guard,24 horus,10 Days.
TOTAL $ 27,500.00
MISC
PR $ 15,000.00
ARTIST FEE $ 25,000.00 ARTIST FEE REDUCED AS PART OF PARTNERSHIP
ARTIST TRAVEL AND ACCOMODATIONS (BASEL) $ 4,600.00
CURATOR FEE $ 10,000.00 CURATOR FEE REDUCED AS PART OF PARTNERSHIP
CONTINGENY $ 3,000.00_
$ 57,600.00
TOTAL BUDGET , $ 300,000.00
EXHIBIT E
28
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About 1 of Miami Beach
,Tourism and Culture Department
.The Miami Beach Tourism and Culture Department(TCD}supports, maintains and develops quality programs
which enhance Miami Beach's cultural institutions and infrastructure, as well as attracts and maintains'
exceptional cultural and tourist businesses and organizations, while striving to support and curate year-round
•programming that enriches the quality of life of our residents, and continues to place Miami Beach on the
'international cultural stage.
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About the CAC
;The Cultural Arts Council (CAC) is an eleven-member council
;appointed by the City of Miami Beach Commission, created in s
1997 for the purpose of developing, coordinating and `: 4'
,promoting the performing and visual arts in the City of Miami '
:Beach. The CAC serves as arts advocates before governmental
'bodies, coordinates collective marketing initiatives for the local
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Order of Importance
Order of Importance is a site-specific work by '`'-_ 7-_,....,-- -
Argentinian artist, Leandro Erlich. This installation recasts .-...�-`r ; -_,.; _,.,„,„,.4.e,,;„.,,,,/.1.:;,..,,,,,,,,,,,,,-.4_,_„., "
the 21St centurytraffic jam into the organic matter of sand. ` , a '� 'f"'`
. Each Vehicle is comprised of countless micro-particles t-�' -i---;-----,-=).,-7.!---::-., ,
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that each contain the possibility to create an infinite variety - . ,� Mf" �' , z„, b� ��g
• of structures, or to vanish with a guest of wind. These life `�_1 fa r;, r .ice it r- ;, 1_`
size sculptures of automobiles translate a great symbol of a ----,..„,-,-,.,4_,,„-......--,-...4p • )%
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of sand, but never without humor,never without grace.
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NEW ORLE ANS
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Matt Kenny, Director . . .., ,...,...........,......... .
mattkenny@miamibeachfl.gov
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Brandi Reddick, Cultural Affairs Manager
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brandireddick@miamibeachfl.gov
City of Miami Beach
Tourism and Culture Department
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
305.673.7577
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