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HomeMy WebLinkAboutMARIO MIGUEL ECHEVARRIA - CONTRACT - CONTRACT - ART IN PUBLIC PLACESCONSTRUCTION AGREEMENT 11, THIS AGREEMENT is made and entered into this 5 — day of De-W L,161, 2006, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City"), and Mario Miguel Echevarria (hereinafter referred to as "Artist.") WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scone of the Work. The Artist shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications for the Mason Transportation Corridor Trail Project attached hereto as Exhibit "A" and incorporated herein by this reference (the "Project"), and consisting in general terms of the design, construction, signage and installation of two groups of sculptural elements (seven total), three window sculptures and four M.U.T.C.D. art signs. This project will include community workshops for creating glazed ceramic tiles. Work performed shall be of high quality, in compliance with generally accepted standards of workmanship, and in conformity with the contract documents. 2. Time of Completion. The work to be performed pursuant to this Agreement shall commence upon receipt by artist of the Notice to Proceed and shall be fully completed by August 11, 2006. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. The City shall grant a reasonable extension of time to the Artist in the event there is a delay on the part of the City in performing its obligations under this Agreement or if conditions beyond the Artist's control or Acts of God render timely performance of the Artist's services impossible. 3. Capital Project Management Control System. In order to insure that the Project is consistent with its authorized scope and schedule, the Artist shall provide an approximate SCHEDULE for the completion of all unit work items covered by the Agreement. The schedule shall indicate the anticipated percentage completion of each unit work item for each week for the duration of the work. The initial schedule must be submitted to the City prior to beginning the work. 4. City Representative. The City will designate, prior to commencement of the work, its project representative who shall make, within the scope of his authority as provided by ordinance and in the Capital Project Management Control System, all necessary and proper decisions with reference to the Project. All requests for contract interpretations, change orders, or other clarification or instruction shall be directed to the City representative. 5. Changes to Scope of Work. A. Changes by Artist. Any change by Artist from the Project specifications and drawings in Exhibit "A" must be approved in advance by the City. B. Changes by the City. The City shall be entitled to request changes in the design and construction of the Project through written Change Order Requests. No work related to the requested change shall proceed until the parties have reached agreement regarding changes in price or scheduling requirements related to the requested change, and a written Change Order documenting the agreed upon terms is issued by the City. Possible statements could be " Ll CAN DO IT" or "On the path to greatness", or "Your smile warms up this trail." These steel signs will be mounted atop standard galvanized posts. Although slightly taller than usual, the posts themselves will be adorned with tile similar to the large entryway sculptures. Each sign will have a surprise designed into it. For example, the " Ll CAN DO IT" sign will have a separate metal pedestrian -shaped figure standing and celebrating atop the triangle shaped sign. The statement is a positive affirmation to encourage the pedestrian to be strong and persevere along the trail. The text will be approved by APP & the Project Team before fabrication. The smaller signs will be spread along the pathway to increase the presence of art along the corridor. Possible locations for the smaller signs along the corridor could be: 1) Fifty feet north of Troutman Parkway 2) Between Horsetooth and Swallow Road 3) At the North Terminus/Spring Creek south of Sherwood Lateral Ditch 4) On a site yet to be determined The neighboring community will be invited (via direct mail, email, school outreach, etc.) to create ceramic tiles to cover the various columns that support the sculptural elements. The artist will offer three to four, two to three hour, hands-on sessions for the project. The tiles might contain images from their neighborhood. Content will be encouraged to reflect the benefits of community building, or a theme they collectively feel embodies the corridor. The tiles will follow a consistent color strategy —a gradation of color from warm to cool, muted to colorful. The - target audience will be primarily children from Lopez, McGraw, and Beattie Elementary Schools, and seniors, but it could be opened up to anyone in the neighboring community, and perhaps the Larimer County Youth Corp.. 1�ittl� ..{•. �4 Concept sketch for `Affirmation Way' with human scale. [ try. tivi, Amon (ASO- ')IAaA Ara - Attachment 1 Guidelines for Public Tile -painting Sessions 1. The purpose of the public tile -painting sessions is to create tiles for artist Mario Miguel Echevarria to use in creating an Art in Public Places (APP) project funded and approved by the City of Fort Collins for placement in the Mason Transportation Corridor. 2. The themes of this art project are the neighborhoods surrounding the project, the benefits of community building, or other themes that are embodied in the Mason Transportation Corridor, and the content of the tiles should be consistent with these themes. 3. Tiles may include words, images, or abstract designs, but tiles containing obscenity, profanity or hate speech will not be fired or used in the project. 4. The tile painting sessions will result in more tiles than can be used in the APP project. The artist will select those tiles that he wishes to use to complete the project based on how well they fit his artistic vision for the project as approved by the City of Fort Collins. Tiles that are not used shall be given to the APP Program. 5. The artist shall inform participants in the public tile painting sessions of these guidelines in the manner most appropriate for the participants' age group. Artist: Mario M. Echevarria Hero's Welcome Page 1 Project: Mason Street Corridor Artwork: Hero's Welcome iv.. �1 Task..Narxte' W4'v'.Yk?PSG••••Vit^pCY'1P%aF 'Pro n�. :rt.••. i ,. Total Project iq'�,`p; _,g. �a�s Cos 101.25 tp t 2 Research & Design Con ce t 31 Presentation 4 Contract Agreement 5 6 7 8 9 10 Pre roductiorr :3acR 3 k } 11 Design & Development 12 Refine Concept 0.5 13 Site Survev 0.5 14 Engineering 0.5 15 Draft 0.5 16 Contractor Bidding 0.5 17 18 Permits 0.25 19 20 Purchase Materials 2.25 21 22 23 Site Preparation 24 Locates 0.25 25 Foundation / Columns 26 excavation 1 27 Set steel 2 28 set forms 2 29 pour foundation 1 30 pour columns 1 31 strip forms 0.5 32 backfill 0.25 33 34 35 36 37 11130/2006 Mason Str. 20062 Artist: Mario M. Echevarria Hero's Welcome Page 2 Project: Mason Street Corridor Artwork: Hero's Welcome aslc4!tati ,, Qays Gas. 38 A Art'Fabrication 4 Y . .' ; ", a wn. �N_R �. _. 39 1. Craft Steel Window/Figures 22 40 La out 2 41 Cut Material 3 42 Assemble / Weld 6 43 Clean Up 5 44 Coat (sandblast, sand, rind) 3 45 Install 3 46 47 2. Community Art Collaboration 50 481 Lo"istics.' '° WOW' t = 49 Space Indentification x3 1 50 Community Laison x3 2.5 51 Schedule x3 1 52 Purchase Materials 1 53 Transport Equipment x3 1.5 54 551 Production` 56 Craft Clay Tiles for Columns x3 8 57 Dry 3 58 Fire 1 59 Glaze 3 60 Fire 1 61 62 Art Installation 13.5 63 Install Windows/Figures.A-.i 4 64 Field Welding 65 Power Connection 66 Timer connection 67 68 Install Tile on Columns : ° 4 69 70 Caulk, Grout,: Seal 5 71 72 Site Cleanu : 0.5 73 74 75 -761 Post Production. 77 Create & Install Plaque 1.5 78 Photo Documentation 0.5 79 Paperwork 0.5 80 Maintenance Worksheets 0.25 81 Lien Waver Artist will submit final drawings of the two windows/figures sculptures (Hero's Welcome Series) and for the "Affirmation Way" signs. The artist will also submit engineered drawings of the footings. Artist will need to receive written approval from the APP Program before proceeding with these elements. 11/30/2006 Mason Str. 20062 F u n (D fv ((D a Q. (D m 0 n "D 0 n 1 (D 0) N S Q. O A C f? CD ro 77 0 O MAGr)N croFFr DDniFlr Q O Subject Start Date Due Date Notes 2Total W..- 0 MS - Finalize Contract Fri 10/20/2006 Sun 11/5/2006 0 hours Design & Development Mon 11/6/2006 Fri 12/29/2006 Refine Concept, Site Survey, Engineerin... 0 hours 4 17 Contractor Bidding Mon 2/5/2007 Mon 2/26/2007 0 hours 0 Permits Mon 2/19/2007 Mon 3/19/2007 0 hours 0 MS - Locates Mon 4/2/2007 Mon 4/9/2007 0 hours n7 ILayout Windows Tue 4/10/2007 Tue 4/10/2007 0 hours n7 I MS - Excavate Site Tue 4/10/2007 Wed 4/11/2007 0 hours Q MS - Set Steel Thu 4/12/2007 Sun 4/15/2007 0 hours Q Set Forms Mon 4/16/2007 Wed 4/18/2007 0 hours ,A 17 Pour Foundations Thu 4/19/2007 Thu 4/19/2007 0 hours O I Pour Columns Mon 4/23/2007 Mon 4/23/2007 0 hours t7 lCommunity - Prep & Organize sessions Tue 4/24/2007 Tue 4/24/2007 0 hours n Community Session #lYouth Wed 4/25/2007 Wed 4/25/2007 0 hours Community - #lY Quality Control Thu 4/26/2007 Thu 4/26/2007 0 hours n Pour Columns & Cure Mon 4/23/2007 Thu 4/26/2007 0 hours C1 Community Session #2y Sat 4/28/2007 Sat 4/28/2007 0 hours n Community - #2Y Quality Control Sun 4/29/2007 Sun 4/29/2007 0 hours y� i) Mario's Clay Work Mon 4/30/2007 Mon 4/30/2007 0 hours y 17 loganize Community Adult Session Mon 4/30/2007 Mon 4/30/2007 0 hours f] I Community - Session #1 Adults Tue 5/1/2007 Tue 5/1/2007 0 hours a i F2 Mario Clay Work Wed 5/2/2007 Wed 5/2/2007 0 hours 4j f1 lQuality Control Wed 5/2/2007 Wed 5/2/2007 0 hours L lCommunity Session #2A Thu 5/3/2007 Thu 5/3/2007 0 hours jA 17 lQuality Control & Clean Up Fri 5/4/2007 Fri 5/4/2007 0 hours ❑ lCommunity Session #3 Y/A Sat 5/5/2007 Sat 5/5/2007 This is Cinco de Mayo 0 hours 0 lQuality Control and Clean Up Sun 5/6/2007 Sun 5/6/2007 0 hours jj 1-3 ICut Metal Tue 5/8/2007 Thu 5/10/2007 0 hours 1.3 lAssemble and Weld Mon 5/14/2007 Tue 5/22/2007 0 hours 17 jaean Up Welding Wed 5/23/2007 Thu 5/31/2007 0 hours 17 Coat Metal Mon 6/4/2007 Thu 6/7/2007 0 hours n Install Windows Mon 6/11/2007 Wed 6/13/2007 0 hours n Wire Windows (Electrical Hookup) Thu 6/14/2007 Fri 6/15/2007 0 hours 0 Install Tile Mon 6/18/2007 Mon 6/25/2007 0 hours ❑ Caulk, Grout & Seal Mon 6/25/2007 Fri 6/29/2007 0 hours ,20 Site Clean Up Mon 7/2/2007 Mon 7/2/2007 0 hours IA i7 Project Wrap Up Mon 7/2/2007 Fri 7/13/2007 Create/Install Plaque, Photo Doc., Maint... 0 hours aE1 O End Contract Date Fri 8/17/2007 Fri B/1712007 Could go as soon as July 20, this is a pa... 0 hours Mario Miguel Echevarria 10/20/2006 3:50 PM Itemized Budget: Hero's Welcome Windows by the each: Metal........................................................................ $1,000. Cutting..................................................................... $ 833. Procurement of metal and cutting plus shipping/handling... ... ... ...$ 850. Assembly and welding ....................................................$ 787. Patina (time and materials) ................................................$ 327. Subtotal: $4,502. Contingency (x.05%)........................... $ 225 Total: $4,727. each Columns by the each: Foundation Excavation and bacltfill...... Forms.......................................................................$ 975. -Materials.................................................................. $ 120. Engineering.................................................................$ 163. Rebar (time and materials) ................................................ $ 470. Pour (labor, pump truck form strip etc) $ 450 Subtotal: $3,078. Contingency (x .05%)........................ $ 154 Total: $ 3,232. each Community Columns —Ornament : Time (prep, cleanup, commute for sessions, session time, clay handling, jig building, glazing, firing, etc.) 30 hours x$65.............................................................................................$1,950. Materials/fees..............................................................$ 420. Install Tiles 11 hours x$65...............................................$ 715. -Materials ........................... $ 65 Subtotal: $3,150. Contingency (x .05%)............ $ 158 Total: $3,308. each Combined Total for Hero's Welcome: Windows ($4,727. each x 3)... ... ... ... ... ... ... ... ..... ... ... ... ... ... . $14,181. Columns ($3,232. each x 3)............................................. $ 9,696. Community Columns, Ornament ($3,308. x 3)......... .$9,924. ............... Assembly of Windows to Columns ..................................... $1,284. Window Lighting ........................... $ 3 704 Combined Total: $38,789. Affirmation Wav (sins Design3 hours x$65...................................................... $ 195. Sign Post (Cost, Procure, etc.) ..............................................$ 200. Signs (Cost, Procure, etc) ..................................................$ 250. Tile Post, Accessorize Post............ Foundation (Excavation, Bacltfill, Pour).. $ 700 Subtotal: $2,095. Contingency (x .05%)................. $ 108 Total: $2,203. each Combined Total for AffirmationWay: Signage Component ($2,203. each x 4 signsl $8 811 Combined Total: $82811. Total Budget Breakdown Hero's Welcome.......................................$38,789. Affirmation Way ........................................$ 8,811. Artist's Fee (Preliminary Design, Design, etc.)..$ 7,000. Plaque and Documentation..... $ 400 Grand Total: $55,000. Thank you for making the world a more magnificent place with Public Art! Questions? Please call Mario @ 720-936-7871 or e-mail him at mookieonmarsLa�msn.com 6. Formal Acceptance and Ownership of the Project. No more than thirty (30) days after the Artist has informed the City that the Project has been fully installed and is complete, the City will provide a written response to the Artist, informing the same either that: (1) the City agrees that the Project has been fully installed and is complete consistent with the terms of this Agreement, all other related work is completed in accordance with this Agreement and Exhibit "A," and the City formally accepts the Project as completed ("Letter of Acceptance"); or (2) the Project is not deemed to be completed due to unresolved issues or defects that remain, and describing such outstanding issues or defects which Artist must then cure before a Letter of Acceptance will be issued. The Project is not finally complete for purposes of this Agreement until the City has issued a Letter of Acceptance. Upon the City's issuance of a Letter of Acceptance the City will become the sole owner of the Project, and artist shall have no further obligations hereunder, except as set forth in paragraphs 8, 9, 12, and 26. 7. Ownership of Works Created. a. The City shall be the owner of any and all rights to the work designed or created and provided by Artist as part of the Project under this Agreement, and Artist hereby assigns to the City any and all rights to such work. Artist shall retain only those rights specifically granted by the City, which shall include the following: (i). Artist shall have rights to use and build from imagery used in the Project in marketing work to other clients including art -in -public places programs, subject to the geographic limitations in this agreement. (ii). Artist may create derivative works from the original work, using similar ideas, themes and imagery for other clients, subject to the geographic limitations in this agreement. b. The City may relocate all or part of the Project to any location within the City, and shall make best efforts to notify Artist of its new location. C. The City may not use the Project for commercial gain without prior written consent from artist. This includes sales of tee shirts, cards, and other items created to generate income. This excludes items intended to promote the APP Program or the city, in which case, artist shall be duly credited alongside images of the Project with: "by Mario Miguel Echevarria". d. The Project, when utilized for promotional purposes for the City or the APP Program, shall be tastefully displayed without alteration, except such alteration as has been caused to the Project itself by wear and tear, damage or repair. e. To the extent the uses or removal of the Project under this Contract affect any rights Artist may have under the provisions of federal or state law, including the 1990 Visual Artists' Rights Act, the Artist hereby knowingly waives any rights of preservation of the Project provided by those laws. 8. Guarantee of Workmanship and Material. For a period of three (3) years from the date of the City's Letter of Acceptance, Artist agrees to replace or correct any material defects in the Project, whether caused by defects in the design, workmanship or materials used in the Project. If Artist fails to replace or correct any such defects, or to make arrangements to do so within a reasonable time satisfactory to the City, the City shall have the right to arrange for such replacement or correction, and Artist agrees to reimburse the City for the costs of any such replacement or correction. Should the City ask Artist to repair damage caused to the Project by vandalism, collision, or other unforeseeable environmental damage, Artist shall be reimbursed for reasonable material and labor costs for such repairs, except to the extent such damage is due to a defect in design, workmanship or materials used in the Project. 9. Maintenance Instructions and Maintenance. Artist shall provide to the City written instructions for maintenance of the Project, to include detailed information regarding the operation, care, maintenance and repair of the Project and a complete set of color slides depicting no fewer than a total of six views of the completed Project. Artist agrees to provide continuing advice to the City regarding the operation, care, maintenance and repair of the Project at no charge to the City, unless otherwise agreed to by both parties in writing. 10. Contract Sum. The City shall pay Artist for the performance of this Contract, subject to additions and deletions provided herein, the sum of Fifty -Five Thousand Dollars ($ 55,000.) The City agrees to pay the Artist under the following schedule: A. $27,500 - upon full execution of this Agreement; B. $11,000 — upon fabrication and installation of the three "A Hero's Welcome" window sculptures; C. $9,500 - upon completion and installation of all of the art elements; D. $7,000 - or any remaining amounts due under this Agreement, upon the City's final approval and acceptance of the Project as complete, and receipt by the City of satisfactory maintenance instructions as described in Section 9, above, lien waivers in substantially the form shown in Exhibit `B" from Artist and a comparable lien waiver from any and all Subcontractors that have performed work or provided materials in connection with the Project. 11. Failure to Complete. The parties agree that if Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project shall be the property of the City. The City shall be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner deemed appropriate by the City. 12. Project as Unique. Artist represents and warrants that the Project is artistically unique, and agrees that he will not create or be involved in the creation of an identical or substantially similar artwork within 100 miles of Fort Collins, Colorado. 13. Liquidated Damages. It is specifically recognized by and between the parties hereto that the City will suffer certain unspecified damages in the event the Project is not completed within the time set forth above, as adjusted for any delays agreed upon by the parties pursuant to Section 2, above. In recognition of the difficulty of ascertaining the actual damages to be sustained by the City, the parties agree that the assessment of liquidated damages shall be appropriate. In the event the Project is not completed within the specified time, this shall be assessed against Artist, and Artist hereby authorizes the City to retain from any monies due the Artist, the sum of One Hundred Dollars ($100.00) per day for each and every calendar day the Project remains unfinished. In no event shall liquidated damages exceed the sum of Three Thousand Dollars ($3,000.00). 14. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. 15. Notice. Any notice to be sent pursuant to this Agreement shall be deemed delivered if sent to the other party by certified or registered mail, return receipt requested and postage prepaid, at the following address: If to the Artist: Mario Miguel Echevarria 2715 Grinell Drive Longmont, CO 80503 720-936-7871 16. Termination/Default. If to the City: Ellen Martin Lincoln Center 417 West Magnolia Fort Collins, CO 80521 A. Termination. This Agreement may be terminated by the City upon at least seven (7) days written notice to the Artist. In such event the City shall compensate Artist for all services performed to the date notice of termination is received, together with reasonable expenses then due, unless otherwise agreed in writing by the parties. B. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. Time is of the essence. In the event either party should fail or refuse to perform according to the terms of this Agreement; they may be declared in default thereof. If Artist defaults or neglects to carry out the work in accordance with this Agreement, the City may elect to make good such deficiencies and charge Artist therefore. C. Remedies Upon Default. In the event a party has been declared in default hereof and performance is possible within the completion time as established herein, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected (or timely performance is not possible), the party declaring default may elect to: (1) immediately terminate the Agreement; (2) treat the Agreement as continuing and require specific performance; and/or (3) avail himself of any other remedy at law or equity. If either party elects to terminate the agreement for default, termination shall be effective upon the mailing, by the terminating party, of written notice of termination to the defaulting party. D. Attorney Fees. In the event of default of any of the agreements herein by either party which shall require the party not in default to commence legal or equitable action against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non - defaulting party's reasonable legal fees, including attorney's fees, incurred because of the default. 17. Assignment. It is understood that the City enters into this Agreement based on the special abilities of Artist and that this Agreement shall be considered as an agreement for personal services. Accordingly, Artist shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 18. Artist -- Independent Agent. The Artist shall perform all work under this Agreement as an independent agent and shall not be considered an agent of the City, nor shall the Artist's Subcontractors or employees be subagents of the City. 19. License and Business. The Artist shall hold, in the Artist's name, all necessary licenses to perform the work, and shall have full authority to do business in the State of Colorado. The Artist shall have a designated place of business for making and accepting communications with or from the City. The address and telephone number of Artist shall be maintained with the City throughout the contract period. 20. Superintendence. The Artist shall keep competent supervisory personnel on the work during its progress and designate before starting work an authorized representative who shall have complete authority to represent and to act for the Artist. The Artist shall provide efficient supervision of the work, using his best skill and attention. The Artist shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the work. 21. Employees. The Artist shall employ only competent, skillful workers to do the work; whenever any person shall appear to be incompetent or to act in a disorderly or improper manner; such person shall be removed from the work. 22. Subcontractors. It is understood by the parties that the Artist may utilize Subcontractors to complete the fabrication, transportation and/or installation of the Project, under Artist's direction and supervision. The Artist shall, within fifteen (15) days of the effective date of this Agreement, submit to the City the names of all Subcontractors proposed for the work. The Artist shall not employ any Subcontractors that the City may object to as lacking capability to properly perform work of the type and scope anticipated. The Artist agrees that he is as fully responsible to the City for the acts and omissions of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City, except to the extent the City is indemnified or insured through requirements upon said Subcontractor. If subcontractors are used, the City may, in its discretion, require the submission of lien waivers in a form reasonably acceptable to the City by any such subcontractors prior to final payment to the Artist. 23. Prosecution of the Work. It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the work are the essence of this Agreement. The work shall be prosecuted at such time, and in or on such part or parts of the project as may be required to complete the Project during the time specified in the Agreement and the approved construction schedule. The Artist's tools and equipment used on the work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the work specified without delay in the progress of the work. 24. Safety. The Artist shall be solely responsible for maintaining a safe work area and protecting the safety and welfare of Artist's employees, subcontractors, and the general public, including without limitation area residents, motorists, bicyclists, pedestrians, and children from work area hazards. The Artist shall provide all work area safety control devices, at Artist's cost, including, for example, barricades and safety fences around excavations and drop-offs. The Artist's safety precautions shall be in compliance with all applicable laws, rules and regulations. 25. Work and Property. The Artist shall use his best efforts to at all times safely guard the City's property from injury or loss in connection with the work. The Artist shall, at all times, use his best efforts to safely guard and protect from damage the work and adjacent property, including underground utilities. All passageways, guard fences, lights, and other facilities required for protection by state or municipal laws and regulations and location conditions must be provided and maintained. The Artist shall protect the work and materials from damage due to the nature of the work, the elements, carelessness of the Artist, or from any foreseeable cause whatever until the completion and acceptance of the Project. All loss or damages arising out of the nature of the work to be done under this Agreement, or from any unforeseen obstruction or defects which may be encountered in the prosecution of the work, or from the action of the elements, shall be the liability of the Artist. 26. Indemnity. The Artist shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, and legal fees including attorney's fees, arising out of or resulting from the Artist's performance under this Agreement. In any and all claims against the City, or any of its officers, agents, or employees by any employee or agent of the Artist, or of any Subcontractor, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Artist or any Subcontractor under Workmen's Compensation laws, Disability Benefit laws, or other employee benefit laws. 27. Insurance and Liability. The Artist shall provide, or in lieu of himself providing, shall require all Subcontractors providing services in connection with this Agreement to provide from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs before commencing work under this Agreement. The Artist shall furnish the City with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this Certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner, the City of Fort Collins." In case of the breach of any provision of this Section, the City, at its option, may take out and maintain, at the expense of the Artist, such insurance. The Artist shall not commence work under this Agreement until all the insurance required thereunder has been reviewed by the City and an acceptable certificate of insurance has been provided to the City. The Artist, or in lieu thereof, all Subcontractors of Artist, shall maintain during the life of this Agreement the statutory Worker's Compensation Insurance required and, in addition, Employer's Liability Insurance in an amount not less than $400,000 for each occurrence, for all of his her employees, if any, to be engaged in work on the Project under this Agreement. The Artist and all Subcontractors of Artist shall maintain during the life of this Agreement such commercial general liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the work under this Agreement. Coverage for property damage shall be on a "broad form" basis. Amount of insurance to be provided shall be not less than $300,000 combined single limits for bodily injury and property damage. In the event any work under this Agreement is performed by a Subcontractor, the Artist shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a Subcontractor, which liability is not covered by the Subcontractor's insurance. The City shall be named as additional insured on the Artist's and any Subcontractor's insurance policies required under this Agreement, for any claims arising out of work performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation e B. O'Neill II, CPPO, FNIGP �F FoRT ' 1 Director of Purchasing and Risk Management TEST: �`y .,......,,sago • • : c SEAL :N Wanda Krajice City Clerk :: APPROVED AS TO FORM: I`' Assistant City Attorney STATE OF COLORADO ) )ss. COUNTY 01744L� ) Subscribed and sworn to before me this (v day of AQ 4--v , 2006, by: • l C� 44k� �. W/1 Witness my hand and 4"" • 9 C��) My Commission Exp'� �s a t �� M OF pd*03 EXHIBIT B SAMPLE LIEN WAIVER RELEASE (ARTIST) TO: City of Fort Collins, Colorado (OWNER) FROM: Mario Miguel Echevarria (ARTIST) PROJECT: Mason Street Transportation Corridor Trail Project 1. The ARTIST acknowledges having received payment, except final payment, from the OWNER for all work, labor, skill and material furnished, delivered and performed by the ARTIST for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and this good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the ARTIST voluntarily waives all rights, claims and liens, including but not limited to, mechanic's notices, equitable liens and labor and material bond rights which the ARTIST may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The ARTIST affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the ARTIST or its agents, employees, and servants, or by and through the ARTIST by various Subcontractors or material men or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S rights or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The ARTIST agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the ARTIST'S Subcontractors, material men, employees, servants agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the LENDER, if any, and Surety on any labor and material bonds for the project. Signed this day of 12007. Mario Miguel Echevarria STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: Notary Public day of 2007, by: aluminum ceramic community tile ' 9- 8" n I concrete column with footing Concept sketch for `A Hero's Welcome' with human scale (also shown on cover page.) In cooperation with the City's Transportation Department and Art in Public Places Program, artist Mario Miguel Echevarria proposes an installation of two groups of sculptural elements —A Hero's Welcome and Affirmation Way, to be included in the Mason Street Transportation Corridor Project. The local community and elementary schools will be directly involved in creating glazed ceramic tiles for certain aspects of the installation, and the historically significant Augustine and Agnes Mason are also referenced in the project. A Hero's Welcome, located at the southern terminus of Mason Street (northwest of the trailhead parking), is a warm neighborhood welcome for trail users. A procession of three raised open window sculptures support steel figures that wave flags and offer flowers for all trail users. Each of the windows will be three-dimensional constructions of metal. The windows will appear to be fully opened, each containing one or two figures ornamented in colored mosaic tile extending into the open air. There will be five figures total in A Hero's Welcome. In the last window heading north, a man waves and a woman leans down in an attempt to offer flowers. Metal flowers are inlaid into the concrete pathway beneath her, dropped from her balcony in the exuberance of the moment. These silhouetted figures in the last window reference the 19th century man and woman — Augustine and Agnes Mason, who played important roles in the development of Fort Collins, hence the name `Mason' street. Each of the three windows will be illuminated from the inside with lighting. At night, the light from inside the windows will silhouette the figures and the windows will appear to float over the trail. These windows will be mounted on top of mosaic tiled concrete columns. Each of these columns will be mounted on top of 10 inch by 10 inch square, concrete columns. The columns are arranged in a staggered pattern in order to simulate the feeling of moving through a neighborhood. Each column will be stabilized on the site with concrete footings. These large window sculptures at the south terminus will be accompanied by four smaller signs. The artist will design and fabricate four signs that go beyond the usual "slow down", "stop", "yield", etc.