2000-23983 RESO
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RESOLUTION NO.
2000-23983
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH O. HALIGON FINE
ART STUDIO, INC., TO REPAIR AND RESTORE THE ROY LICHTENSTEIN
SCULPTURE, ENTITLED "MERMAID," IN AN AMOUNT NOT TO EXCEED
$20,880, WITH AN ADDmONAL ANNUAL MAINTENANCE FEE OF $1,400, TO
BE FUNDED BY THE THEATRE OF THE PERFORMING ARTS OPERATING
ACCOUNT.
WHEREAS, the "Mermaid" Sculpture, by Roy Lichtenstein is owned by the City of Miami
Beach and is located in front of the Jackie Gleason Theatre for the Performing Arts; and
WHEREAS, the sculpture is made of steel and concrete and rests in a reflecting pool of
water, and is insured today for $3,000,000; and
WHEREAS, Property Maintenance personnel at the Jackie Gleason Theatre (SMG) noted
the corroding condition of the sculpture and brought it to the attention of the Art in Public Places
Committee; and
WHEREAS, the Art in Public Places Committee has located a professional conservator who
has provided an assessment and treatment recommendation to restore and maintain the sculpture;
WHEREAS, the scope of work to include treatment of all rust spots, repair of missing
concrete pieces, and the cleaning and repainting of the entire sculpture; and
WHEREAS,the Agreement includes annual maintenance fee of $1,400 and a fifteen year
guaranty; and
WHEREAS, SMG has reviewed and approved the proposal and will be funding the
restoration and maintenance; and
WHEREAS, completion of the restoration is anticipated by no later than September 21,
2000, for the Jackie Gleason open house "Invitation to the Arts."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving and authorizing
the Mayor and City Clerk to execute an agreement with O. Haligon Fine Art Studio, Inc., to repair
and restore the Roy Lichtenstein sculpture, entitled "Mermaid," in an amount not to exceed $20,880,
with an additional annual maintenance fee of $1,400, to be funded by the Theatre of the Performing
Arts Operating Account.
PASSED and ADOPTED this~ ~ TO
FORM & LANGUAGE
& FOR EXeCUTION
July
,2000.
ATTEST:
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1/;1
MAYOR
7~ ?-fJ?}
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l':ISCMB\'I1DD\IUIlIOAIP.llC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\lci.miami-beach.fl.us
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COMMISSION MEMORANDUM NO. S'l3 -0 a
TO:
Mayor Neisen O. Kasdin and DATE: July 12, 2000
Members of the City CO~~ion
Lawrence ~::r5VY 0. ffD
City Mana~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE EXECUTION OF A CONTRACTUAL AGREEMENT WITH O.
HALIGON FINE ART STUDIO, INC., TO REPAIR AND RESTORE THE
ROY LICHTENSTEIN SCULPTURE ENTITLED "MERMAID," IN THE
NOT TO EXCEED AMOUNT OF $20,880, WITH AN ADDITIONAL
ANNUAL MAINTENANCE FEE OF $1,400, TO BE FUNDED BY THE
THEATRE FOR THE PERFORMING ARTS OPERATING ACCOUNT.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
"The Mermaid" Sculpture, by Roy Lichtenstein (1979), is owned by the City of Miami Beach and
is located in front of the Jackie Gleason Theatre for the Performing Arts. The sculpture is made of
steel and concrete and rests in a reflecting pool of water. It is insured today for $3,000,000. Property
Maintenance personnel at the Jackie Gleason Theatre (SMG) noted the corroding condition of the
sculpture and brought it to the attention of the Art in Public Places Committee.
The Art in Public Places Committee has located a professional conservator who has provided an
assessment and treatment recommendation to restore and maintain the sculpture. O. Haligon Fine
Art, Inc., a family business established in 1875, has provided services for world famous clients such
as Dubuffet, Miro, and Picasso. The agreement includes annual maintenance and a fifteen year
guaranty. Attached is the detailed proposal outlining the scope of services. Property Management
has reviewed and approved the proposal and found it appropriate for the maintenance of a valuable
piece of art. SMG has reviewed and approved the proposal and will be funding the renovation.
Completion of the restoration is anticipated by no later than September 21, 2000, for the Jackie
Gleason open house "Invitation to the Arts."
LALRsm:BJ;t~IH'fv
T,\AGENDAI2OOO11UL 12llO\REGULARlCOMMAIPP.LIC
AGENDA ITEM C-,&
DATE ,-12 00
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND O. HAUGON FINE ART STUDIO, INC.
FOR THE RESTORATION OF THE ROY UCHTENSTEI N SCULPTURE "MERMAI 0,"
LOCATED AT THE JACKIE GLEASON THEATERE OF THE PERFORMING ARTS
THIS AGREEMENT is made this 12th day of
July
. 2000 by and
between the C1lY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and O. HAUGON FINE ART STUDIO, INC.,
(Contractor).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Contractor.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Final Acceptance: "Final Acceptance" means notice from the City to the Contractor that the
Contractor's Work is complete, as same is set forth in Section 2 of this
Agreement.
Fixed Fee:
Fixed amount paid to the Contractor to allow for his costs and margin
of profit.
Project
Coordinator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Work.
Termination of Contractor's Work as provided in Subsection 4.6 of this
Agreement.
All services, work, and actions by the Contractor performed pursuant to
or undertaken under this Agreement described in Section 2.
SECTION 2
SCOPE OF WORK AND SERVICES REQl JlRFD
The scope of work to be performed by the Contractor is set forth in Exhibit "A," entitled
"Scope of Work" (Work).
Termination:
Work:
SECTION 3
COMPENSATION
3.1 FIXED FEE
Contractor shall be compensated for the Work performed herein on a fixed fee basis
of Nineteen thousand six hundred eighty and 00/100 Dollars ($19,680), for providing the
Work as set forth in Exhibit "A" hereto.
3.2 METHOD OF PAYMFNT
Contractor shall be paid the above sum, in the manner set forth in the Payment
Schedule in Exhibit "A", attached hereto.
SECTION 4
GENERAl PROVISIONS
4.1 RFSPONSIBIIITY OF THE CONTRACTOR
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With respect to the performance of the Work, the Contractor shall exercise that degree
of skill, care, efficiency and diligence normally exercised by recognized professionals with
respect to the performance of comparable Work. In its performance of the Work, the
Contractor 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 DURATION AND EXTENT OF AGREEMENT
Contractor shall proceed with the Work upon issuance of a Notice to Proceed by the
City. It is contemplated by the parties herein that Contractor shall commence the Work on
or before July 31, 2000, and shall construct and complete same in a good and workmanlike
manner on or before September 15, 2000.
A reasonable extension of time may be granted in the event the Work of the Contractor
is delayed or prevented by the City or by any circumstances beyond the reasonable control
of the Contractor, including weather conditions or acts of God, which render performance
of the Contractor's duties impractical; however, no such extension shall be valid or
recognized herein unless speCifically given by the City to the Contractor in writing.
4.3 INDFMNIFICATION
Contractor 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
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ofthe Contrador, his employees, agents, sub-Contradors, or any other person or entity ading
under Contrador's control, in connedion with the Contrador's performance of the Work
pursuant to this Agreement; and to that extent, the Contrador 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 Contrador for performance of the Work under this
Agreement is the specific consideration from the City to the Contrador for the Contrador's
Indemnity Agreement.
The Contrador's obligation under this Subsedion shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any adions or claims which arise or are alleged to have arisen from negligent ads or
omissions or other wrongful condud 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 diredly or indiredly affeds the other party.
4.4 INSLJRANCF REQLJIREMENTS
The Contrador shall not commence any Work pursuant to this Agreement until all
insurance required by the City has been obtained and such insurance has been approved by
the City's Risk Manager. The Contrador shall maintain and carry in full force during the term
of this Agreement and throughout the duration of the Work such insurance as required and
approved by the City's Risk Manager.
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 Contrador and his
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insurance company. The insurance must be furnished 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 Contractor is responsible for obtaining and
submitting all insurance certificates for their Contractors.
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 Contractor 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 Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required overage.
4.4.1 Endor~Pmpnt~
All of Contractor's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.4.2 Cprtifil"atp<;
Unless directed by the City otherwise, the Contractor shall not commence the Work
until the City has received and approved, in writing, certificates of insurance showing that the
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requirements of this Subsection (in its entirety) have been met and provided for.
4.5 FINAl ACCFPTANCE
When the Work have been completed, the Contractor shall so advise the City in
writing. Final Acceptance by the City shall not constitute a waiver or abandonment of any
rights or remedies available to the City under any other Section of this Agreement.
4.6
TFRMINATlON. SlJSPFNSION AND SANCTIONS
.
4.6.1
Tprmination for CalJ!iP
If through any cause within the reasonable control of the Contractor, the Contractor
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 Work then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Contractor of its violation of the particular terms of this
Agreement and shall grant Contractor seven (7) days to cure such default. If such default
remains uncured after seven (7) days, the City, upon three (3) days notice to Contractor, 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 Contractor and
its subcontractors shall be properly delivered to the City and the City shall compensate the
Contractor in accordance with Section 3 for all Work satisfactorily performed by the
Contractor prior the date of the Notice of Termination.
Notwithstanding the above, the Contractor 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 Contractor
and the City may reasonably withhold payments to the Contractor for the purposes of set-off
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until such time as the exact amount of damages due the City from the Contractor is
determined.
4.6.2 Tprmination for Convpnipnrp of City
The City may, for its convenience and without cause, terminate the Work then
remaining to be performed at any time by giving written notice to Contractor of such
termination, which shall become effective seven (7) days following receipt by Contractor of
the written termination notice. In that event, all finished or unfinished portions of the Work,
including 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 Contractor for all Work satisfactorily performed by the Contractor. Such
payment shall be the total extent of the City's liability to the Contractor upon a Termination
for Convenience, as provided for in this Subsection.
4.6.3 TPrmination for Insolvl'nry
The City also reserves the right to terminate the remaining Work to be performed in
the event the Contractor 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 4.6.2.
4.6.4 Chang" and Addition~
Any change to the Work shall be directed by a written Notice signed by the duly
authorized representatives of the City and Contractor. Said Notices may provide an equitable
adjustment in the time of performance, a reallocation of the budget and, if applicable, any
provision of this Agreement which is affected by said Notice. The City shall not reimburse
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the Contractor for the cost of preparing Agreement change documents, written Notices to
Proceed, or other documentation in this regard.
4.7
ASSIc'NMENT. TRANSFFR OR SUBCONTRACTINC,
.
The Contractor shall not subcontract, assign, or transfer any Work under this
Agreement without the prior written consent of the City.
4.8 EQUAl EMPI OVMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Contractor 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.
4.9 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Contractor and the Project Coordinator designated by the City. The City's Project
Coordinator shall be designated promptly upon commencement of the Work.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Contractor and the City listed below or
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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 CONTRACTOR:
O. Haligon Fine Art Studio, Inc.
6724 NE 4th Avenue
Miami, Florida 33138
(305) 758-6020
TO CITY:
City of Miami Beach
Attn: James Quinlan, Liaison, Art in Public Places Committee
Office of Arts, Culture & Entertainment
1 700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7577
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
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.
4.1 0 lITIGATION )1 JRISnlCTIONNENlJE
This Agreement shall be enforceable in Miami-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,
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Florida.
4.11 ENTIRFTY OF ACRFFMENT
This writing and the Work 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
Work is 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
of Florida.
4.12 liMIT A nON OF CITY'S IIARIIITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on its 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 sum of
$19,660. Contractor hereby expresses his willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $19,660, less the amount of all funds actually paid by the City to
Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an
amount in excess of $19,660, which amount shall be reduced by the amount actually paid
by the City to Contractor pursuant to this Agreement, for any action or claim for breach of
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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.
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/lu'4t,,~,~~ By, ~
City Clerk Mayor
J3jw.fitt~,&rtffuL
FOR CONTRACTOR,
O. HALlGON FINE ART STUDIO, INC.
ATTEST:
AJl/~
By: Signa~~ !-
O.t. :. ~~^. t-I AJ...1.GQ N
Print Name
Corporate Seal
.---....-
APPROVED. .
FORM & W:
.. FOR EXEC
Gl;& 9YoPo
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FROM 0 HALIGON Fine Art Studio
FAX NO. 305 758 0045
Jul. 18 2000 03:37PM P1
O. HAUGON FINE ART STUDIO, INC.
Rcstoration . Enlargement. Molding' Fiberglass Cast. Paim
City ofMiarni Beach
1700 Convention Center Drive
Miami Beach
July OS, 2000
PROPOSAL
Object: "Mermaid" , sculpture of Roy Lichtenstein,
located outside the Jackie Gleason Theatre of the Performing Arts
Job: Restoration of the paint. Hight 20' x 18'
Observation:
The sculpture is made of steel and concrete. The construction is in excellent condition.
There are some spots of rust. The paint has faded alot. (photo A)
Paint used could be a semi-gloss acrylo-polyurethane.(subject to confirmation)
Process applied: They first paint the entire sculpture in white (two coats). Then the design
colors, two coats of yellow, red and blue ,and finally two coats of black There is no clear
final coat.
- A - Scope of Work:
-1- Treatment on rusty spots : (photos B to G)
-a- Sand to remove the rust
-h- treat with a rust converter
-c- brush an epoxy base primer
-d- repaint with the right colour
-Z- Repair the few missing concrete pieces (photo H)
-a - Fill them with an epoxy filler
-b- repaint with the right colour
-3- On entire sculpture :
-a- Match ofthe colours
-b- clean all the surface with a very strong solvent, like M.EK,
three times. It is not necessary to sand or sandblast the surface because the paint is in good
conditions underneath.
-c-- repaint the sculpture the same way it have been done before:
2 coats of white, 2 coats of yellow, blue and red, then 2 coats of black in semigloss
polyurethane paint, and no clear base finishing. This will bring back the original feeling of
the sculpture.
-d. For the partS under the water, (photos 1,1) put two additional
coats of a special waterproof polyurethane paint.
6724 N.E. 4th Ave
Miami, FI.33138
TeL 305758-6020
Cel.: 305785.2310
Fax: 305 758-0045
O. HAUGON FINE ART STUDIO, INC.
Restoration. Enlargement. Molding' Fiberglass Cast. Paint
APENDIX
Maintenance needed:
- 1 - Twice a year, dean the sculpture with a high pressure cleaner and a soft
amoniaced detergent.(couId be done in May and November)
- 2 - Once's every two years, paint a clear marine coat of polyurethane paint
on the under water portion of the sculpture
I can handle the maintenance for an annual fee of
$ 1400
· Price subject to follow the inflation index based on the June 2000 number
· If I do this maintenance I can guaranty that the paint will stay in good conditions for 15
years
6724 N.E. 4th Ave
Miami, FI. 33138
Tel.: 305 758-6020
Cel.: 305785-2310
Fax: 305 758-0045
~. --
O. HALIGON FINE ART STUDIO, INC.
Restoration. Enlargement. Molding' Fiberglass Cast . Paint
Site preparartioo: To make this work on site 1 need an appropriate clear covered
scaffold with an AC system (for the paint and the men) .
Work Duratioo : The work takes three to four weeks with 4 persons.
Cost oflabour Rnd material:
$15 000
- B - Site preparation cost:
Scaffolding:
'" Delivery, install, rent one month, dismantle and
pick up of the scaffolding. permit for installation $ 1400
'" Provide an air conditionning system of 50,000 BTU.
(2 units) Partial thermal insulation. $ 2400
'" Provide and install a translucidant plastic
canvas cover $ 880
$ 4680
$ 19 680
'" no sales tax
'" I need you provide 2 electrical wire of 220 Volts mono, 30 Amps
to the site for the air conditioning.
'" The work can begin July 31 and end August 31
"'Tenn of payment: Down payment of $ 9000
Balance at the end of the work
6724 N.E. 4th Ave
Miami, FI. 33138
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