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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