HomeMy WebLinkAboutBARRY ROSE - CONTRACT - RFP - DESIGN CONSULTANTDESIGN ARTIST AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City' and Barry Rose hereinafter referred to as "Design Artist"
WITNESSETH
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows
1 Scope of Services and Work Schedule The Design Artist agrees to provide
services in accordance with the scope of services and work schedule attached hereto as Exhibit
"A", consisting of two (2) pages, and incorporated herein by this reference
2 Time of Commencement and Completion of Services The services to be
performed pursuant to this Agreement shall be initiated within seven (7) days following
execution of this Agreement Any extensions of the time limit set forth above must be agreed
upon in writing, signed by the parties
3 Contract Period This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for two
(2) years, unless sooner terminated as herein provided In addition, at the option of the City, the
Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the Professional marled no later than ninety (90) days prior to contract end
4 Delay If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is prevented
by such cause To the extent that the performance is actually prevented, the Design Artist must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition
1
5 Early Termination by City/Notice Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Design Artist Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses
City
Ellen K Martin
Lincoln Center
417 W Magnolia
Fort Collins, CO 80521
(970)221-6735
Design Artist
Barry Rose
1450 Logan St
Denver, CO 80203
(303) 832-3250
In the event of early termination by the City, the Design Artist shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Design
Artist's obligations under this Agreement Such payment shall be the Design Artist's sole right
and remedy for such termination
6 Contract Sum The City shall pay the Design Artist for the performance of this
Contract, subject to additions and deletions provided herein, at the rate of Fifty Dollars ($50 00)
per hour design fee, reasonable cost of materials and a mileage invoice of 32 for working trips to
Fort Collins, not to exceed the total sum of Five Thousand Dollars ($5,000 00) The Design
Artist will submit to the APP Coordinator monthly, detailed invoices
The City agrees to pay the Design Artist under the following schedule
a An amount not to exceed $3,000 for the conceptual design phase
b $2,000 after the presentation and approval by the APP board
7 City Representative The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement All requests
concerning this agreement shall be directed to the City Representative
2
8 Independent Service Provider The services to be performed by Design Artist are
those of an independent service provider and not of an employee of the City of Fort Collins The
City shall not be responsible for withholding any portion of Design Artist's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose
9 Personal Services It is understood that the City enters into the Agreement based
on the special abilities of Barry Rose, the Design Artist, and accordingly, the Design Artist shall
neither assign any responsibilities nor delegate any duties; ansmg under the Agreement to any
agreement other than Barry Rose without the prior written consent of the City
10 Acceptance Not Waiver The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action ansmg out of performance of this
Agreement
11 Warranty
a Design Artist warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards
for work of a similar nature
b Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship/workwomanship shall be acceptable to City
c Design Artist warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and
labor, against defects and nonconforrnances to design, materials and
workmanship/workwomanship for a period beginning with the start of the work
9
and ending twenty-four (24) months from and after final acceptance under the
Agreement, regardless whether the same were furnished or performed by Design
Artist or by any of its subcontractors of any tier Upon receipt of written notice
from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Design Artist in a manner and
at a time acceptable to City
12 Ownership of Works Created The City shall be the owner of any and all rights to
works designed or created and in any way related to the Services to be provided by Design Artist
under this Agreement Any such works shall constitute works for hire, to which Design Artist
shall retain no rights except as specifically granted by the City
13 Default Each and every term and condition hereof shall be deemed to be a
material element of this Agreement In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof
14 Remedies In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c)
avail himself of any other remedy at law or equity If the non -defaulting party commences legal
or equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default
15 Binding Effect This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties
0
16 Indemnity/Insurance
a The Design Artist agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims,
demands or liability of any character whatsoever brought or asserted for injuries to or
death of any person or persons, or damages to property ansing out of, result from or
occurring in connection with the performance of any service hereunder
b The Design Artist shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property
c Wythout limiting any of the Design Artist's obligations hereunder, the Design Artist
shall provi-die,,and maintain insurance coverage naming the City as an additional
insured under this Agre m� ent of the type and with the limits specified The Design
Artist before commencing e ices hereunder, shall deliver to the City
Representative, one copy of a certtflcat� videncmg the insurance coverage required
from an insurance company acceptable to the CiI
d Because the Design Artist will not be constructing or installing improvements under
this Agreement, and any final designs produced by Design Artist shall be reviewed
and approved by Project professionals, no professional liability insurance shall be
required
e The Design Artist will be required to obtain and be responsible for any worker's
compensation, automobile, or other insurance, as required by statute
17 Entire Agreement This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties Covenants or
representations not contained in this Agreement shall not be binding on the parties
5
18 Law/Severabihty The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent Jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement
THE CITY OF FORT COLLINS, COLORADO
BY y -�o
J me B O'Neill, II, CPPO
Director Qf rc asmg and Risk Management
Date S/ 2
TTEST �
�ti)'..n�r &".,_L
Clerk
cD AS TO,
ARTIST
Date
Exhibit "A"
COMMUNITY HORTICULTURE CENTER
CITY OF FORT COLLINS ART 1N PUBLIC PLACES PROGRAM
Design Consultant Scope
The artist's role in the design process would be to act as a Design Consultant and to collaborate
with the Project Manager/Design Team in the development of the overall Conceptual Plan for
artful opportunities in the City of Fort Collins Community Horticulture Center (CHC)
The CHC's diverse programming will include recreational, educational, cultural, and
environmental components As much value will be derived from the process of growing plants -
- through active involvement of the public — as the end result of the display It will be a place for
people, as much as it is for plants Primary objectives will be to connect people to each other,
nature, and our local place More than just a pretty place, the CHC will be a "working" jewel,
offering programming that reaps the considerable social and psychological value of gardens,
gardening, and community horticulture
The Community Horticulture Center will be located on an 18 acre site South of Prospect Road
and bordered by Spring Creek and Center Ave A prominent feature will bean ecologically -
designed 8,000 square foot structure with a conservatory, a "working" greenhouse, offices,
meeting room, teaching kitchen, and a gift shop The grounds will include numerous
demonstration/theme gardens, children's garden and playground, and small amphitheater The
beauty of the site will be enhanced with many refined architectural elements, such as vine -draped
arbors and pergolas, trellised walkways, stair seats, courtyards, walled gardens, and stone walls
The artist will be required to visit the site and meet with the Project Manager to acquaint
themselves with CHC's users and the design process The artist will act as part of the Design
Team The object will be
• To identify opportunities for public art and aesthetic elements within the project design
• To work with the design team to identify and create possible themes for CHC
• To provide ideas for design treatments, materials to be used, and possible sites that could
incorporate artful ideas into the project
• To identify elements and/or locations for art which could be publicized for open
competitions
• If approved, to coordinate with the design firm in its preparation of detailed
renderings/illustrations of possible art options to help publicize the project
• To attend community meetings when requested
1. DESIGN PHASE
During the design phase of this PROJECT and under the general direction of the Art in Public
Places Coordinator, the ARTIST will work with the CHC project designers, the City of Fort
Collins Project Manager and City staff
A Design and Planning Services:
The ARTIST shall participate in conceptual and perhaps final design by Project
Professionals of ARTWORKS/ ART ELEMENTS for the Community Horticulture
Center hereinafter call the "PROJECT" throughout the design phase of the PROJECT as
described in EXHIBIT A, "Artist's Scope of Work."
B. Design:
The ARTIST shall work as part of the design team to identify artful opportunities and to
generate design ideas for artistic elements that could be incorporated into the overall
PROJECT design and budget The ARTIST will be required to submit updates on the
PROJECT If requested, the ARTIST shall submit a preliminary, then final proposal for
the PROJECT to the APP Coordinator PROJECT concepts shall be deliverable in the
form of illustrated drawings and shall include the designation of elements of the
PROJECT, ideas for design treatments and materials to be used, specifications,
identification of proposed sites for public art
C. Consultation:
The ARTIST will consult as necessary with the City of Fort Collins' Project Manager (or
design staff and/or sub -consultants in order to complete the Scope of Work specified in
this Agreement)
D. Community Involvement:
In addition to design meetings, the ARTIST may be asked to attend meetings with
community representatives/user groups designated by the APP program or the City of
Fort Collins to present the PROJECT concepts.
E. Approval of Proposal Design:
Upon completion of design the ARTIST shall submit the project proposal to the APP
program for review APP will then make a recommendation to accept or reject the
Proposal Any design work proposed by the ARTIST and incorporated into the design of
the PROJECT by PROJECT professionals shall be finally approved as part of the final
design of the PROJECT
F. Time of Completion
1. Conceptual Design Phase: The ARTIST will work with the Design Team to create a
overall conceptual design by July 10, 2000
2. Presentation: The ARTIST shall present the conceptual design work to APT by no
later than July 19, 2000
3. Final Design: If approved, the ARTIST shall complete the final proposal
corresponding to the design phase work by August 14. 2000
2. ACKNOWLEDGMENT
The ARTIST shall acknowledge APP's role in funding the artwork in all public presentations
and wntten, punted or electronic publication of information regarding the artwork
2