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HomeMy WebLinkAboutARTSCAPES - CONTRACT - RFP - DESIGN CONSULTANT 5409DESIGN 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 ARTSCAPES LLC . 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 1n 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 t he Professional mailed no later than ninety (90) days prior to contract end 4 Dew 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 1 provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 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 Colhns, CO 80521 (970) 221-673 5 Design Artist ARTSCAPES,LLC Andrew Dufford, klember 4441 W 30' Ave Denver, CO 80212 (303) 477-3780 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 1 ermination 6 Contract Sum The City shall pay the Design Artist f'or 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 matenals and a mileage invoice of 32 for working trips to Fort Collins, not to exceed the total sum of Eight Thousand Dollars ($8,000 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 $4,000 for the conceptual design phase b $4,000 after the presentation and approval by the APP Board 2 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 authorily, 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 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 Andrew Dufford, a member of the Design Artist, and accordingly, the Design Artist shall neither assign any primary creative responsibilities nor delegate any primary creative duties arising under the Agreement to any agreement other than its member, Andrew Dufford, 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 arising 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 3 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 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 nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) 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 often (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 M 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 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 arising 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 Without limiting any of the Design Artist's obligations hereunder, the Design Artist shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified The Design Artist before commencing services hereunder, shall deliver to the City Representative, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City d The Design Artist shall maintain during the life of this Agreement such professional liability as will provide coverage for claims for damage for personal injury, 9 including accidental death as well as for claims for property damage, which may arise directly or indirectly from the performance of the work under this Agreement Coverage for property damage shall be a "broad form" basis Amount of insurance to be provided shall be not less than $500,000 combined single limits for bodily inlur/ and property damage 17 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agi eement of the; parties Covenants or representations not contained in this Agreement shall not be binding on the parties 18 Law/Severability 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 ATTEST City Clerk APPROVED AS TO FORM n Assistant City Atto` �ey' }� THE CITY OF FORT COLLINS COLORADO C Date ARTIST Date and Risk Management Duf ford, (uiani* /fbr ARTSCAPES LLC P, Exhibit "A" FOSSIL CREEK COMMUNITY PARK CITY OF FORT COLLINS ART IN PUBLIC PLACES PROGRAM Design Consultant Scope The artist's role in the design process is to act as a Design Consultant and to collaborate with the Project Manager and Design Team in the development of the Master Plan and artful opportunities for the City of Fort Collins Fossil Creek Community Park Fossil Creek Community Park is a 100-acre Community Park located in southeast Fort Collins The park will provide for outdoor recreation facilities for the citizens in the southeast area of the city Active and passive recreation opportunities will also be provided at the park site Fossil Creek channel flows through the park site and is a valuable natural feature that needs to be incorporated in the park design 'The City has already created a 3-acre wetland and 3 lakes on the park site The existing lakes total 17 5 surface acres but may be reduced The adjustment may be needed to accommodate the future planned recreational items The wetlands are sized to mitigate lost wetlands on the park site and an adjacent developed property The location of Fossil Creek Trail needs to be incorporated into the park design and will need to connect from Lemay to College Avenue A maintenance center, a site for a future multi -purpose recreation center, and associated parking for these facilities are part of the park plan The community park will include most of the following uses lighted sports fields, soccer fields, basketball and tennis courts, outdoor ice-skating, a skatepark, restrooms, and various sized picnic shelters Playgrounds and creative play areas, pathways and trails, gardens, water features, a small amphitheater and associated parking, roads systems and infrastructure will need to be developed An integrated design to accommodate all user needs will be developed by the design team The artist would be required to visit the site and meet with the Project Manager to acquaint themselves with the park's users and the design process The artist would act as part of the Design Team The object would be • To identify opportunities for public art and aesthetic elements wll hm the project design • To work with the design team to identify and create possible themes for Fossil Creek Community Park • To provide ideas and possible locations for design treatments and artful elements, and suggestions for materials to be used • 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 rendenngs/illustrations of possible art options to help publicize the project • To attend community meetings when requested 1. DESIGN PRASE 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 Fossil Creek Community Park 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 Fossil Creek Community Park hereinafter call the "PROJECT" throughout the design phase of the PROJECT as described in EXIIIBIT 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, and 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 commumly 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 shall work with the Design Team to create a conceptual design by July, 2000 2 Presentation: The ARTIST shall present the conceptual design work to APP by no later than September 20, 2000 3 Final Design: If approved, the Artist shall complete the final proposal corresponding to the design phase work by November, 2000 E 2.ACKNOWLEDGMENT The ARTIST shall acknowledge APP's role in funding the artwork in all public presentations and written, printed or electronic publication of information regarding the artwork WO