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Home My WebLink AboutReso 2006-985 RESOLUTION NO. 2006-ge5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND ADDENDUM TO AN ARTWORK AGREEMENT WITH RAFAEL BARRIOS FOR THE REPAIR OF A SCULPTURE ENTITLED "RISING HORIZONS", LOCATED AT TOWN CENTER PARK, WHICH SUSTAINED DAMAGE DURING PREPARATION FOR TROPICAL STORM ERNESTO, IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND AND NINETY DOLLARS ($18,090.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2006-893, adopted on February 16, 2006, the City Commission commissioned the services of Rafael Barrios (Artist) for the design, delivery and installation of an artistic monument at Town Center Park ("Master Agreement") in an amount not to exceed Eighteen Thousand and Ninety Dollars ($18,090.00); and WHEREAS, on or about August 26, 2006, in preparation for tropical storm Ernesto, the sculpture sustained damage during a maneuver to lower and secure the sculpture to the ground; and WHEREAS, the sculpture is in need of repair and the City Commission desires to retain the services ofthe Artist to perform the necessary repairs to the sculpture (Services); and WHEREAS, the total cost for these Services will be Eighteen Thousand and Ninety Dollars ($18,090.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Addendum. The City Commission hereby approves the Second Addendum to the Master Agreement to perform necessary repairs to the sculpture located at Town Center Park, in an amount not to exceed Eighteen Thousand and Ninety Dollars ($18,090.00), attached hereto as Exhibit "A". Section 2. Authorization of the Mavor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of the Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms ofthis Second Addendum to the Master Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. Second Addendum to Commissioned Artwork for Rafael Barrios Page 1 of2 . PASSED AND ADOPTED this 2.1*day of September, 2006. d ,'''_~,.:\ _.\ ,. \ . trl r , ". . -)~ <.'AtTEST:, ',' " };~~~Eh;c~lerk ,.\ i, \ (')' 'i<.:~>_-'1 /'- -.\ 'OJ I: ,.' . S TO FORM ICIENCY: Moved by: Seconded by: V\c.~ M~8tIR ~U1f0 c'WI~.hl..;.."lA -n-/'A-l..'t.~ Vote: L( -0 ...l Mayor Edelcup Vice Mayor Brezin Commissioner Goodman A?v::ts~ Commissioner Iglesias Commissioner Thaler V (Yes) -kdYes) _(Yes) ~Yes) I--dY es) _(No) (No) (No) _(No) (No) Second Addendum to Commissioned Artwork for Rafael Barrios Page 2 of2 ~ .7Jl' CITY OF SUNNY ISLES BEACH SECOND ADDENDUM TO COMMISSIONED ARTWORK AGREEMENT WITH RAFAEL BARRIOS WHEREAS, on February 16,2006, the City Commission adopted Resolution No. 2006- 893 and approved an agreement to commission the services of Rafael Barrios ("Artist") for the design, delivery and installation of an artistic monument entitled "Contained Energy" at the Town Center Park ("Master Agreement"); and WHEREAS, on April 7,2006, Mayor Norman Edelcup approved a name change for this sculpture to "Rising Horizons"; and WHEREAS, on or about August 26, 2006, in preparation for the landfall of tropical storm Ernesto, the sculpture sustained damage during a maneuver to lower and secure the sculpture to the ground; and WHEREAS, the City Commission desires to retain the services of the Artist to perform the repairs to the sculpture ("Services"); and WHEREAS, the Artist's estimated cost to perform the necessary repairs to the sculpture is Eighteen Thousand and Ninety Dollars ($18,090.00), as more fully described in Attachment "A". NOW THEREFORE, in consideration of the premises and the mutual covenants herein stated, the parties hereto agree as set forth below: 1. AMENDMENT. The Artist, Rafael Barrios, shall perform the Services, as more fully described in Attachment "A," which is attached hereto and made a part of this Addendum. The total cost of the Services shall be in an amount not to exceed $18,090.00. 2. REMAINING TERMS. All other terms and provisions of the Master Agreement dated February 16, 2006 shall remain in full force and effect. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. In the event of any conflict between the terms of this Addendum and any other agreement, this Addendum shall prevail. Second Addendum for Commissioned Artwork with Rafael Barrios 1 SIB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. Rafael WITNESS: ARTIST Print Name: By: Print Name: A1~lj:S~TtiJ.~ , . .' \ " '" ~ J \ ' /.,'By:;::' " f\ ~ ,,' .~~ : )a~e 1}.~Hi~$~ CMC, City Clerk "~ ( i '\:,: '\ - .,' , (J .. i '... / : " ',' .'. \ "\ ( . -", "1.' f" .../ ,~ .,' ",.[,1,"'1 ... 1 l~ '. . ~ . ~.). j" / Second Addendum for Commissioned Artwork with Rafael Barrios 2 SIB , O. HALIGON FINE ART STUDIO, Inc. Restoration / Enlargcments / Molding / Fiberglass Casts / Paint City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 August 31, 2006 ESTIMATE "Raising Horizons" outdoor sculpture for Sunny Isles Beach Sculpture of Rafael BARRIOS, Build by O. Haligon Fine Art Studio H 16' 5" RESTORATION: Facts: Because of the incoming tropical storm Ernesto, somebody from the city of Sunny Isles Beach decide to put the sculpture on the ground. Olivier Haligon always told that this maneuver will be necessary only in case of category 2 or more hurricanes, and with his free supervising for the first time when it will occur. However, employees from the city tried to ground the sculpture by themselves without the necessary knowledge and the sculpture felt sharply from 12 feet high on the concrete path. The shock damaged all the outside angles of the sculpture. The gel coat scratch and the fiberglass have been damaged on every outside angle. That occurs Tuesday 29 of August 2006. Olivier Haligon have been inform of the incident Wednesday 30 of August 2006. We managed to bring back the sculpture to our studio Thursday 31 of August 2006 with the appropriate crane. Work to do: Because of the the very thin shape of the sculpture (1 W' thick) the chosen technique was fiberglass with double honeycomb pius 2 coats of fiberglass in the middle. This very contempory technique who assured the strength of the delicate sculpture, adding the rotating system with the wind. This is a very high tech sculpture the City can be proud to own. Unfortunately, the process to restore the damages is long and costly. To keep the overall strength of the sculpture we need to keep the fiberglass cover all over the surface. It is a long process over the 50 feet oCthe angles of the sculpture. We have to take out the ,_, '..__ aamagea fitierglass 2"onbothangles, then sana underneath the strong fiberglass and rebuilt all the angles with fiberglass and gel coat. That demand lot of skill and knowledge. After that all the process of paint has to be done. Plus in every step special skill is needed to move the sculpture the right way. ATTACHMENT "A" 6724 N.E. 4 Th Avenue Miami. FL 33138 Tel (eel) 786 35] 3194 Fax 305 532 6523 Email: olaligon{@.att.net S\B , . O. HALIGON FINE ART STUDIO, Inc. Restoration / Enlargements / Molding / Fiberglass Casts / Paint Pricine: -0- Study of the damages and the way to repair it the right way ($3000 value) no charge -1- Pick up the sculpture with the right crane to bring it back to the studio $ 1250 -2- Open the angles sand the honeycomb, go underneath the existing fiberglass. Coating 3 layers of rowimat, gel coat finishing, sanding, finishing 50 feet long. Estimated time (with overtime) 150 Hours x $ 70 Material $ 10500 $ 1250 -3- Painting process. (I, Olivier Haligon personally spray the paint which is always a challenge he don't Always win) Spray of a white polyurethane paint. Spray of the special magenta two component polyurethane Barrios paint (secret). Sand 400 grade the whole surface of the sculpture. Spray of the final tinted clear satin 2 component urethane. (With overtime) 40 Hours x $ 80 $ 3200 Paint $ 640 -4- Reinstall the sculpture on site Reinstall the sculpture on site with the right crane $ 1250 Total $ 18090 Payment scheduled: 50% at the order this day August 31st 2006 Balance when the sculpture is reinstalled $ 9045 $ 9045 Time frame: Fiberglass restoration From Friday 1st September to 10th September. Paint from 11th September to 14th September Install on the 19th of September Any delay in the payments will postponed the final installation Theses dates don't include hurricane advisories. You are welcome to follow the process of the restoration I do agree all the above c..? , 'aligon== -~.=c~"c=~~_=co_._==.c=__ 6724 N.E. 4 Th Avenue Miami, FL 33138 Tel (eel) 786 3513194 Fax 305 532 6523 Email: olaligon@att.net S\B City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk November 2,2006 Rafael Barrios 100 Lincoln Road, Suite 1044 Miami Beach, Florida 33139 Re: Second Addendum to Commission Artwork Agreement Dear Mr. Barrios: At its regular meeting of September 21, 2006, the City Commission adopted Resolution No. 2006-985, which approved the above addendum for repair of the sculpture entitled "Rising Horizons." Enclosed are an executed, original agreement and a copy of the approving resolution for your files. Thank you. Very truly yours, ~,~ Deputy City Clerk Attachments: cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City Manager (w/o attachments)) Jean Watson, Finance Director Shaun S. Gelvez, Contracts Administrator Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Barrios, Rafael - Sculpture Repair Exec Trans Ltr