AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK (7)
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
THIS AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
made and entered into this 2nd day of November, 2009 by and between Doug Makemson
(hereafter called the "ARTIST") whose address is 455 Fred Loggins Road. Commerce.
GA 30530 and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation of the
State of Florida, located at 112 South Osceola Avenue, Clearwater, FL 33756 (hereafter
called the "CITY").
WITNESSETH:
WHEREAS, the ARTIST is the sole owner and creator of the items of ARTWORK that
are valued and described more fully in EXHIBIT "A" attached hereto and made a part
hereof, which items are hereinafter referred to collectively as "ARTWORK"; and
WHEREAS, the CITY wishes to display the ARTWORK temporarily along Cleveland
Street between East Avenue and Osceola Avenue in Clearwater, Florida; and
WHEREAS, the ARTIST wishes to temporarily loan for such exhibition, the
ARTWORK to the CITY for placement on certain public property along Cleveland Street
for a period of one year.
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties, it is hereby agreed by and between the
parties as follows:
1. RECITALS
1.1 The foregoing recitals are incorporated into and made a part of this
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF
ARTWORK, and the parties acknowledge and agree that such recitals are
true and correct.
2. TERM
2.1 The ARTIST hereby agrees to loan and temporarily display the ARTWORK
described in EXHIBIT "A" to the CITY for outdoor placement along
Cleveland Street in Clearwater, FL, 33756 for a period of ten (10) months
upon the terms herein provided. The period of installation and display shall
start on November 2,2009, unless mutually agreed upon by both parties. The
period of display and subsequent de-installation shall end no later than
September 30, 2010 unless mutually agreed upon by both parties.
3. ARTIST RESPONSIBILITIES
3.1 The ARTIST, using the ARTIST'S own or hired personnel and equipment is
fully responsible for the costs and handling involved in the delivery of the
ARTWORK to, and the pickup of the ARTWORK from, the placement site
along Cleveland Street. The ARTIST will agree to ARTWORK installation
and removal dates with the CITY that will be during regular business hours
unless specifically agreed to by the CITY. In addition, the ARTIST is
responsible for the oversight of the installation and the de-installation of the
ARTWORK by the CITY or the CITY'S agents. The ARTIST will provide
the CITY with a condition report of the ARTWORK after installation and de-
installation, confirming proper installation and de-installation and other
details as may be reasonably warranted.
3.2 The ARTIST will prepare structural drawings detailing the ARTWORK and
its integration to the concrete base. As determined by the CITY, the ARTIST
will provide to the CITY certification from a qualified, licensed engineer that
the ARTWORK will be of adequate structural integrity to sustain wind
speeds of 130 miles-per-hour occurring in three-second gusts or for a period
of time greater than four hours. The ARTWORK and the recommended
installation/de-installation process shall comply with, and the ARTIST in
performing under this AGREEMENT shall comply with all city, county, state
and federal regulations, laws, and ordinances.
3.3 Once approved by the CITY, the ARTIST will modify the ARTWORK, if
necessary, with any required hardware to attach the ARTWORK to the base.
3.4 The ARTIST represents that the ARTWORK is made of durable material and
will withstand the usual weather and climate in the area. The ARTIST
assumes all responsibility and risk for any deterioration or weathering caused
to the ARTWORK.
3.5 The ARTIST will provide a description of all materials utilized in the
ARTWORK and the routine care, if any, required during the loan agreement.
3.6 During the installation and de-installation periods as appropriate, the ARTIST
will be available for presentations, interviews, and ceremonies at the CITY'S
request.
3.7 The ARTIST will provide required Insurance in the amounts and limits
specified in Section 8 INSURANCE.
3.8 The ARTIST represents that the ARTWORK does not utilize any protected
patent, trademark, or copyright and hereby indemnifies the CITY for any
claims related thereto.
4. CITY RESPONSIBILITIES
4.1 The CITY will determine a location for the exhibition of the ARTWORK on
Cleveland Street and will provide any information and relevant data, if any,
which is needed by the ARTIST in order to perform under this
AGREEMENT.
4.2 The CITY will prepare the site and construct a concrete base on which the
ARTWORK will be attached in accordance with the specifications detailed in
the approved structural drawings provided by the ARTIST.
4.3 Under supervision of the ARTIST, the CITY or the CITY'S agents will
install and de-install the artwork from its site on Cleveland Street.
4.4 The CITY will be responsible for compliance with all applicable laws and
regulations and will provide required permits for the installation and de-
installation process.
4.5 The CITY will provide and install an identification plaque next to the
ARTWORK, prepared and designed by the CITY containing a credit to the
ARTIST.
4.6 The CITY will pay the ARTIST a $4.000.00 Exhibition Fee as consideration
for the services and performance hereunder, including but not limited to, the
loan, delivery, installation and de-installation supervision, and removal of the
ARTWORK. The Exhibition Fee will be paid as follows: $3.500.00 upon
delivery and installation of the ARTWORK, as accepted by the CITY, and
$500.00 upon de-installation and removal of the ARTWORK, as more
particularly defined in Section 5.
5. HONORARIUM AMOUNT AND SCHEDULE OF COMPENSATION:
5.1 HONORARIUM AMOUNT: The total honorarium amount awarded to the
ARTIST is Four Thousand Dollars ($4.000.00) for all services under this
AGREEMENT, including, but not limited to, transportation of ARTWORK to
and from the display site, certification of ARTWORK by a licensed structural
engineer, ARTIST'S supervision of artwork installation and de-installation,
ARTIST'S presence at publicity and public information sessions, and any other
performances and services required under this AGREEMENT.
a. No charges shall be incurred under this AGREEMENT nor shall any
payments become due to the ARTIST until all reports and services, or
both, required under this AGREEMENT are received from the
ARTIST and approved by the CITY as being in accordance with this
AGREEMENT. The final payment of the honorarium is due and
payable when the ARTWORK is fully removed from the display site
and a final invoice is submitted by the ARTIST.
b. In no event shall the CITY be liable for interest or late charges for any
late payments.
5.2 SCHEDULE OF COMPENSATION: The CITY agrees to make payments to
the ARTIST according to the schedule and conditions set forth below:
a. Initial dispersalvavment: $3,500.00
ARTIST requirements for payment: Transportation of the ARTWORK,
and supervision of the installation of ARTWORK to the display site for
the duration of the period of display; ARTIST'S appearance at all pre-
arranged publicity and information sessions as requested by the CITY.
b. Final dispersal pavment: $500.00
ARTIST requirements for payment: Supervision of de-installation of, and
removal transportation of the ARTWORK from the display site following
the period of display, and appearance at all pre-arranged publicity and
information sessions as requested by the CITY.
6. DISPLAY OF ARTWORK, BARRIER AND SIGNAGE:
6.1 DISPLAY OF ARTWORK: During the period of the CITY'S display of the
ARTWORK pursuant hereto, the CITY shall make the ARTWORK available
for viewing by the public without charge at such location along Cleveland
Street as the CITY deems appropriate. The CITY shall not charge any
admission fee or similar fee as a condition of viewing the ARTWORK.
6.2 BARRIER AND SIGNAGE:
a. At all times while the ARTWORK is on display the CITY may install
such physical barrier as the CITY, in its sole discretion from time to time,
deems appropriate in an attempt to prevent unauthorized persons from
touching the ARTWORK; provided, however, that the CITY does not
warrant or guarantee in any manner that unauthorized touching of the
ARTWORK will not occur. Additionally, the CITY may post signage as
the CITY, in its sole discretion determines to be appropriate, indicating
that touching the ARTWORK is prohibited.
b. At times while the ARTWORK is on display pursuant to the terms hereof,
the CITY will post an identification plaque next to the ARTWORK,
prepared and designed by the CITY, identifying the ARTIST and title of
the ARTWORK.
7. RISK OF LOSS
7.1 The ARTIST shall bear all risk of loss or damage to the ARTWORK
including, but not limited to, theft, vandalism or any other act by a third
party, and damage caused by acts of god, war, or natural conditions/disasters
including, but not limited to, floods, hurricanes, tornadoes, lightning, and any
loss occurring during the storage, transportation, delivery, installation, de-
installation, and removal of the artwork, regardless of where such loss occurs.
8. INSURANCE:
8.1 REQUIRED INSURANCE: The ARTIST shall place and maintain for the
periods prior to, during, and after the installation, de-installation, and removal
of the ARTWORK, and pay the cost thereof, the following insurance policies:
a. Worker's Comvensation and Emvlover's Liability Insurance: If the
ARTIST has employees, the ARTIST shall procure and maintain statutory
Worker's Compensation Insurance and Employer's Liability Insurance
with limits of no less than $300,000 per occurrence for the jurisdiction
where the work is being performed and provide a waiver of subrogation
against the CITY. If the ARTIST has no employees as defined by Florida
Statues and Regulations the ARTIST shall submit a letter stating it is
exempt from this requirement, said letter to be incorporated into and
become a part of this Agreement.
b. General Liabilitv Insurance: The ARTIST shall procure and maintain
General Liability Insurance, with limits of not less than $1,000,000 for
per occurrence, Combined Single Limit for Bodily Injury and Property
Damage, including Contractual Liability, Personal Injury, Products and
Completed Operations. The ARTIST shall obtain such insurance prior to
transporting or installing the ARTWORK at the display site.
8.2 CERTIFICATES OF INSURANCE: The ARTIST shall, at the CITY'S
request, provide certificates of insurance evidencing Worker's Compensation,
Employer's Liability, General Liability, and Automobile Liability prior to the
installation of the ARTWORK. If any insurance policy is due to expire
during the period of installation, the ARTIST shall provide a certificate of
renewal evidencing the required insurance coverage to the CITY not less than
fifteen (15) days prior to the expiration date.
9. INDEMNIFICATION AND NOTICE:
9.1 INDEMNIFICATION: The ARTIST agrees to indemnify and hold free and
harmless, assume legal liability for and defend the CITY and its officers,
employees, agents, and servants, whether they are current or former, from and
against all actions, claims, liabilities, assertions of liability, losses, costs, and
expenses, in law or in equity, including but not limited to attorneys' fees at
trial and appellate levels, reasonable investigative and discovery costs, court
costs, or claims for bodily injury or death of persons and for loss or damage
to property, except as provided for herein, of every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be
alleged to have arisen, from the installation, de-installation, or display of the
ARTWORK or as a result of the duties and obligations as required by this
AGREEMENT or that which has resulted or alleged to have resulted from the
negligent acts or omissions or other wrongful conduct of, or the infringement
of any copyright by, the ARTIST and/or its subcontractors, employees, and
agents III connection with the ARTIST'S performance pursuant to this
AGREEMENT.
a. This indemnification shall survive the termination or expiration of this
AGREEMENT.
9.2 NOTICE: Each party shall immediately notify the other of any written claim
regarding any matter resulting from or relating to the party's obligations
under this AGREEMENT. Each party shall cooperate with the other in the
defense or investigation of any such claim arising out of or relating to the
performance of this AGREEMENT.
10. WARRANTIES OF TITLE, QUALITY, AND CONDITION:
10.1 : WARRANTY OF TITLE: The ARTIST represents and warrants that:
a. The ARTWORK is solely the result of the artistic effort of the ARTIST;
b. The ARTWORK is unique and original and does not infringe upon any
copyright;
c. The ARTWORK IS free and clear of any liens from any source
whatsoever.
10.2 WARRANTY OF QUALITY AND CONDITION: The ARTIST represents
that all work has been and will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of "inherent vice" or qualities
that cause or accelerate deterioration of the ARTWORK) for the duration of
the display or one (1) calendar year, whichever is longer.
a. The ARTIST represents and warrants that the ARTWORK and the
materials used are not currently known to be harmful to public health
and safety;
b. The ARTIST represents and warrants that reasonable maintenance of
the ARTWORK will not require procedures substantially in excess of
those described in the maintenance recommendations submitted to the
CITY by the ARTIST;
c. If within the period of the display the CITY observes any breach of
warranty described in this Section 10.2 that is curable by the ARTIST,
the ARTIST shall, at the request of the CITY, cure the breach
promptly, satisfactorily, and consistent with professional conservation
standards, at no expense to the CITY. The ARTIST shall have the
right to first refusal to make or supervise such repairs or restorations.
Should the ARTIST be unavailable or unwilling to cure the breach
consistent with professional conservation standards the CITY may
terminate this AGREEMENT. The CITY shall give notice to the
ARTIST of any such breach with reasonable promptness.
d. If within the period of display the CITY observes a breach of warranty
described in this Section 10.2 that is not curable by the ARTIST, the
ARTIST is responsible for reimbursing the CITY for damages,
expenses, and loss incurred by the CITY as a result of the breach and
shall remove the ARTWORK immediately if directed by the CITY,
should the CITY in its sole discretion deem said removal to be in the
best interest of the health, safety, and welfare of the citizens of
Clearwater.
11. MAINTENANCE AND REPAIRS:
11.1 As a condition to final approval of the CITY, the ARTIST shall provide the
CITY with a parts list and written description of the regular cleaning and
maintenance needs of the ARTWORK. Routine cleaning and maintenance of
the ARTWORK shall be the responsibility of the CITY. The ARTIST shall
be available for consultation on maintenance and repair throughout the period
of display.
11.2 The ARTIST represents and warrants that general routine cleaning of the
ARTWORK and any associated working parts will maintain the ARTWORK
within an acceptable standard of public display.
11.3 The ARTIST represents that foreseeable exposure to the elements and
general wear and tear will cause the ARTWORK to experience only minor
repairable damages and will not cause the ARTWORK to fall below an
acceptable standard of public display.
11.4 With general routine cleaning, and within the context of foreseeable
exposure to the elements and general wear and tear, the ARTWORK will not
experience irreparable conditions that do not fall within an acceptable
standard of public display, including mold, rust, fracturing, staining,
chipping, tearing, abrading, and peeling.
11.5 The CITY recognizes and agrees that it will not intentionally alter, modify or
change the artwork.
12. TITLE AND COPYRIGHT:
12.1 TITLE AND COPYRIGHT: The CITY recogmzes that the title to the
ARTWORK shall remain with the ARTIST, its successors or assigns. At no
time shall title pass to the CITY as a result of this AGREEMENT. The
ARTWORK shall remain the sole property of the ARTIST, its successors or
assigns, including, but not limited to, copyrights under the Copyright Act of
1976,17 U.S.C. 99 101 et. Seq.; as amended, or any and all rights provided
for by the Visual Artists' Rights Act of 1990 (Section 106A of the United
States Copyright Act; as amended) unless otherwise granted by the ARTIST
to any other party. All future decisions regarding the use and continued
ownership of such property will be within the sole and unconditional
discretion of the ARTIST, its successors or assigns.
12.2 REPRODUCTION RIGHTS:
a. The ARTIST grants to the CITY and its assigns an irrevocable license to
make two-dimensional reproductions of the ARTWORK for non-
commercial purposes, including, but not limited to, reproduction used in
brochures, media publicity, and exhibition catalogues or other similar
publications provided that these rights are exercised in a tasteful and
professional manner.
b. All reproductions by the CITY shall contain a credit to the ARTIST and a
copyright notice in substantially the following form: Copyright @
[ARTIST'S name, date of publication], if the ARTIST advises that the
ARTWORK is in fact copyrighted. Should the ARTIST not hold a
copyright on the ARTWORK, the ARTIST may, at the ARTIST'S own
expense, cause to be registered with the United States Register of
Copyrights, a copyright in the ARTWORK in the ARTIST'S name.
c. If the CITY wishes to make a reproduction of the ARTWORK for
commercial purposes, the parties shall execute a separate agreement to
address the terms of the license granted by the ARTIST and the royalty
the ARTIST shall receive.
d. The CITY is not responsible for any third party infringement of an
ARTIST'S copyright and is not responsible for protecting the intellectual
property rights of the ARTIST.
e. The ARTIST shall not, during the performance of this AGREEMENT,
disseminate publicity or news releases regarding the ARTWORK without
prior written approval of the CITY.
13. DEFAULT AND TERMINATION:
13.1 DEFAULT: Failure or refusal of the ARTIST to perform or do any act herein
required shall constitute a default. In the event of a default, in addition to any
other remedy available to the CITY, the CITY upon thirty (30) days written
notice may terminate this contract. Such termination does not waive any
other legal remedies available to the CITY.
13.2 TERMINATION:
a. Either party may terminate this AGREEMENT where performance is
rendered impossible or impractical for reasons beyond such party's
reasonable control such as, but not limited to, acts of nature; war or
warlike operations; governmental regulation or control; public
emergency; or strike or other labor disturbance. Notice of termination of
this AGREEMENT shall be given to the non-terminating party in writing
not less than thirty (30) days prior to the effective date of termination.
b. The CITY may terminate this agreement without cause upon thirty (30)
days written notice to the ARTIST. The CITY shall pay the ARTIST for
servIces performed consistent with the SCHEDULE OF
COMPENSATION set forth in Section 5.2 of this AGREEMENT.
c. If either party to this agreement shall willfully or negligently fail to fulfill
in a timely and proper manner, or otherwise violate any of the covenants,
agreements or stipulations material to this AGREEMENT, the other party
shall thereupon have the right to terminate this AGREEMENT by giving
written notice to the defaulting party of its intent to terminate, specifying
the grounds for termination. The defaulting party shall have thirty (30)
days after the effective date of the notice to cure the default. If it is not
cured by that time, this AGREEMENT shall terminate.
14. MISCELLANEOUS:
14.1ENTIRETY OF AGREEMENT: This writing embodies 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. No
alteration, change, or modification of the terms of the AGREEMENT shall be
valid unless made in writing and signed by both parties hereto.
14.2 CAPTIONS: The captions of each paragraph and headings hereof are added
as a matter of convenience and shall be construed to be of no affect in the
construction of any provision or provisions hereof.
14.3 NOTICES: Any notices regarding this AGREEMENT given by either party
to the other must be in writing and shall be deemed to have been given,
delivered or made, as the cause may be (1) when delivered by personal
delivery, or (ii) five (5) business days after having been deposited in the U.S.
Mail, certified or registered, return receipt requested, with sufficient postage
affixed and prepaid or (iii) one (1) business day after having been deposited
with an expedited overnight courier service (such as by way of example but
not limited to: U.S. Express Mail, Federal Express, or UPS), addressed to the
party to whom notice is intended to be given at the address set forth below:
If to the CITY:
City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
If to the ARTIST:
Doug Makemson
455 Fred Loggins Road
Commerce, GA 30530
Any party may change the address to which its notices are to be sent by giving the
other party written notice of any changes in the manner provided herein, but
notice of change of address if effective only upon actual receipt.
14.4 CITY'S AUTHORITY: The CITY warrants that it has all required authority
to enter into this AGREEMENT FOR LOAN AND TEMPORARY
DISPLA Y OF ARTWORK and to be bound by the terms hereof.
14.5 ARTIST'S AUTHORITY: The ARTIST warrants that it has obtained all
necessary authority through official action of its officers and directors, if
necessary, to enter into this AGREEMENT FOR LOAN AND
TEMPORARY DISPLAY OF ARTWORK and to be bound by the terms
hereof.
14.6 SURVIVING COVENANTS: The covenants and obligations set forth in this
AGREEMENT shall survive the delivery, installation, and removal of the
ARTWORK, unless otherwise provided for herein, and shall be binding upon
the parties, its heirs, legatees, executors, administrators, assigns, transferees,
and all its successors in interest.
14.7 INTERPRETATION: This AGREEMENT shall be interpreted under and in
accordance with the laws of the State of Florida.
14.8 CONSTRUCTION OF AGREEMENT: This AGREEMENT shall not be
construed more strictly against one party than against another merely by
virtue of the fact that it may have been prepared by one of the parties, it being
acknowledged that both the ARTIST and the CITY have substantially and
materially contributed to the preparation thereof.
14.9 SEVERABILITY: If any provision of this AGREEMENT is contrary to,
prohibited by, or deemed invalid by applicable laws or regulations of any
jurisdiction in which it is sought to be enforced, then such provision shall be
deemed inapplicable and omitted, but such omissions shall not invalidate the
remaining provisions ofthis AGREEMENT.
14.10 FURTHER ASSURANCES: The parties shall promptly execute all
documents reasonably required and take such other steps in addition to the
execution of this AGREEMENT to effectuate the intent and purpose of this
AGREEMENT.
IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT
FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK to be executed
on the date first above written.
CITY OF CLEARWATER, FLORIDA
By: IJd~~-rr
William B. Home II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
~~pr~ved as to form:
. 'J V111 fl /,
II !liUA... I Y ~4Ua
~, I
Laura Mahony J
Assistant City Attorney
Doug Makemson, ARTIST
~o
l
. ';\ \
~-~
11
, ,
.
--
...
l
sheats structural
consulting
Sheats SlrucIllral Consulting, 1m:.
P.O. Box 1775 I 70 N. Bmart SI., Suite E I Winder, Georgia 30680
Phone: 770.301-0221 1 Fax: 110-307.0311
www.shealscoJlSlIlling.com
October 30, 2009
Mr. Doug Makemson
Doug Makemson Sculpture, LLC
455 Fred Loggins Road
Commerce, GA 30530
SUBJECT: STRUCTURAL REVIEW OF THE PROPOSED ANCHORS FOR THE
MAKEMSON SCULPTURE "HENRY" TO BE INSTALLED IN CLEARWATfi:R,
FLORIDA
Sheats Structural Consulting. Inc. 09208
Dear Mr. Makemson,
At your request, Sheats Structural Consulting, Inc. (SSCl) has reviewed the information that you
provided regarding the proposed anchorage of your sculpture "Henry" to be installed in
Clearwater, Florida for one year beginning Monday, November 2, 2009. The information that
you provided indicates that the subject sculpture is approximately 9 ft. - 6 in. (maximum) in
height, approximately 11 ft. - 6 in. (maximum) in length, and approximately 4 ft. - 6 in.,
(maximum) in width. You indicated that the sculpture weighs approximately 1,200 lbs. and will
be anchored to a steel-reinforced concrete slab with dimensions of 9 ft. by 6 ft. by 6 in. thick.
You indicated that the anchor bolts for the subject sculpture will consist of 5/8 in. diameter zinc-
plated Hilti Kwik Bolt n Expansion Anchors (four anchors - total) with an embedment in the
concrete of 4 inches. You indicated that the anchor bolts win be installed through Yz in. thick
steel plates that are welded to the sculpture. You indicated that one anchor bolt will be located at
approximately each comer of the sculpture base. You indicated that the anchor bolts will be
spaced at 5 ft. to 6 ft. (along the length of the sculpture) and 3 ft. ~ 6 in. to 4 ft. - 6 in. (along the
width of the sculpture). You also provided several overall photographs of the sculpture as well
as close-up photographs of each plate at each anchor bolt location. (We have attached four of the
photographs that you provided to this letter.) You requested that SSCI perform an approximate
structural evaluation of the adequacy of the proposed anchor bolts to resist a wind load on the
sculpture of 130 mph. You indicated that a structural evaluation of the sculpture itself was not
required. It should also be noted that the adequacy of the concrete slab was not evaluated since
additional information regarding the sub-grade and slab reinforcing would be required to perform
such an evaluation.
Relying on the above-referenced information that you provided, SSCl performed limited,
approximate structural analysis calculations to determine the adequacy of the proposed anchors.
Our analysis utilized wind loads for 130 mph (three second gust) wind speeds as determined via
the ASCE Standard 7-05: Minimum Design Loads for Buildings and Other Structures. Our
Makemson Sculpture "Henry"
Anchor Evaluation
Project #09208
analysis assumed that the sculpture itself will be structurally adequate to distribute the wind
forces to the anchor points.
Conclusion: In the opinion of SSCI.the proposed anchors described above are structurally
adeQuate for 130 mph - 3 second gust - wind loads subiect to the limitations/assumptions
described below:
1. The slab is comprised of concrete with a minimum compressive strength of 3,000 psi and
is in good condition without cracks or other damage/deterioration.
2. The expansion anchors are installed at a minimum of 8 inches from the edges of the slab.
3. The manufacturer's recommendations are followed for the installation of the expansion
anchors.
4. Steel plate washers, with a minimum thickness of Y4 in., are used above the oversized
holes in the steel plates through which the anchors will be installed.
5. The sculpture will only remain in place for a period of approximately one year. (If a
longer installation period is planned, stainless steel anchors and plates may be warranted
for corrosion protection and a detailed as-built evaluation shall be performed by a
Florida-registered engineer as recommended below.)
Limitations
sse!' s review considered only the adequacy of the proposed anchors to resist wind loads. Our
review did not include the sculpture itself or the supporting slab. Our review did not consider the
contractor's means, methods, sequences, or techniques of handling and installation (including
any lifting techniques, installation procedures, etc.). Our review did not consider job site safety
or OSHA compliance. Our review did not consider maintenance requirements, corrosion
protection, or potential safety hazards posed by the sculpture. All of the scope of service
limitations described herein are at the client's request.
If the sculpture is to be left in place for more than one year, the anchors, sculpture, and concrete
slab shall be evaluated by a Florida-licensed structural engineer who shall visit the site to
document the as-built conditions.
As per our phone call discussion, SSCI's engineer is not regiBtered in Florida. SSCI's engineer
is registered in Georgia - the current location of the sculpture.
Thank you for the opportunity to assist you on this project. Please contact our office if you have
questions or need additional information.
Sincerely,
Sh17ts Structural
~r,;J ~
~ Presi ent, Georgia-Registered P.E.
Attachments: Photographs #1 to #4 Provided by the Client
Sheats Structural Consulting. Inc.
P.O. Box 1775 I 70 N. Broad St., Suite E I Winder, GA 30680
Phone: 770-307-0221 I Fax: 770-307-O311
Page 2 of2
Photo1?;raphs Received from the Client
Makemson Sculpture "Henry"
October 30, 2009
Photograph # 1: Side view of sculpture.
Photograph #2: Front view of sculpture.
Photograph #3: Plate and hole for anchor rod.
Photograph #4: Plate and hole for anchor rod.
Sheats Structural Consulting, Inc.
PagePl of PI
. WACHOVIA INS SERVICES INCIPHS
PO BOX 29611
CHARLOTTE NC, 28229
City of Clearwater
112 S OSCEOLA AVE
CLEARWATER, FL 33756
ACORD 25-S (7/97)
--~
ACORDTM CERTIFICATE OF LIABILITY INSURANCE PM~I DATE
U022 10-30 2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WACHOVIA INS SERVICES INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
260482 P: (866)467-8730 F: (877)538-8526 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO BOX 29611 INSURERS AFFORDING COVERAGE
CHARLOTTE NC 28229
INSURED INSURER A: Hartford Fire Ins CO
INSURER B:
DOUG MAKEMSON SCULPTURE, LLC INSURER C:
455 FRED LOGGINS RD. INSURER D:
COMMERCE GA 30530 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHStANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~~Li~~JffggJ7.f, "g~'fNl':!J~J:~~ LIMITS
LTR
~ERAL LIABILITY EACH OCCURRENCE $1,000,000
A COMMERCIAL GENERAL LIABILITY 20 SBM TE3527 09/09/09 09/09/10 FIRE DAMAGE (Anyone fire) $300 , 000 i
- ~ CLAIMS MADE [KJ OCCUR
- MED EXP (Anyone person) $10,000
X General Liab PERSONAL & ADV INJURY $1 000 000 i
- GENERAL AGGREGATE $2 , 000 , 000
GEN'L AGGREGATE LIMIT APfil PER: PRODUCTS - COMPIOP AGG $2 000,000
I POLICY n j~9i- X LOC
~OMDBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO lEa accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident) I
GARA GE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO EA ACC $ I
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSA TION AND I :';~J;r ~~;" IOJ~-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Those usual to the Insuredls Operations. Re: Sculpture 360, Season II
CERTIFICATE HOLDER I X I ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
City of Clearwater HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
112 S OSCEOLA AVE REPRESENT A TlVES.
CLEARWATER, FL 33756 AUTHOR/~:;:AT7 ~~
ACORD 25-S (7/97)
@ ACORD CORPORATION 1988
FROM.: Makemson-Sculpture
FAX NO. : 706 335 3392
Oct. 30 2009 03:03PM Pi
PRODRE.I.IIVE'
PAINE INS & KtAl TY
pO BOX 686
ATHENS. GA 30603
706-543-6977
Policy number. 04594590-9
U nden\lritten by:
Progressive Preferred I nsurana! (0
October 1. 2009
Page 1 of 1
Certificate of Insurance
certifK;M Holder lnsuted Agent
Additi'oo~r 'I;;S~~~"""""""" ..........."............ 'OOUG .MAKEMSON.............."...............,.,..... PAiNfiNS' &' 'REA'Lf(..".,.................".............
CITY OF ATlANTA DBA SCULPTURE ltC PO BOX 686
&8 MITCHElL S1 455 FRED LOGGINS RD ATHENS. GA 30603
ATlANTA. GA 30303 COMMERCE. GA 30530
This document c@rtifies that insurance policies identified below have been issued by the designated insurer to the
insured named above for thl! period(s) indi<;ated. This Certificate is issued for information purposes only. It comers no
rights upon the certificate holder and does not change. alter. modify. or extend the coverages afforded by the policies
listed below. The coverages afforded by the polioes listed below are subject to all the terms. exclusions, limitations,
endorsements. and conditions of these policies.
poiiq; 'Eff~;~' oa~~' S~p' ;'" 2009.....,.,..................,. p~ii~.~i~ion. D~U;~' 'r:k';';:' 2010",...... .................,.,.....................,...
..-_e ~s) limits
BOdilY' injiiryjpr~perty"Dam~'"'''''''''''''''''''''''''' "$" ;000:000' c;'n;biOO(j' Singie' i.i~it"""""""'"''''''''''''''''''''''''''''''''''''''''
Description of LocationlVehideslSpedal Items
~~~~..~~~"~~)'..........,.,.....................,...................,...........................,...................,........................,.,......
1996 FORD FtA TBED TRUCK 1 FDNF8OC61V AOO519
Certificate number
27409TMA590
Please be advised thcrt additional insureds and loss payees will be notified in the event of a mid-term
cancellation.
fOrm S241 (10/02>