Loading...
HomeMy WebLinkAbout118824 JAMES LYNXWILER - CONTRACT - CONTRACT - DESIGN CONSULTANT CONTRACTDESIGN CONSULTANT AGREEMENT THIS AGREEMENT is 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 JAMES LYNXWILER, hereinafter referred to as 'Design Consultant". 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 Services and Work Schedule The Design Consultant 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 (the "Project"). 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. Time is of the essence. Any extensions of the time limits set forth in this Agreement or Exhibit "A" 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 one (1) year, 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 mailed 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 Consultant H:\LC-DATA\APPkCNTRCTS\2002\HARM-DC. DOC I must 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 Consultant. 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 Street Fort Collins, CO 80521 (970)221-6735 Design Consultant: James Lynxwiler 414 N. Loomis Ave. Fort Collins, CO 80521 (970) 484-9912 In the event of early termination by the City, the Design Consultant shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Design Consultant's obligations under this Agreement. Such payment shall be the Design Consultant's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Design Consultant for the performance of this Contract, subject to additions and deletions provided herein, at the rate of Twenty Five Dollars ($25.00) per hour design fee, reasonable cost of design materials and a mileage invoice of $.365 for working trips to Fort Collins, not to exceed the total sum of Three Thousand, Nine Hundred and Sixty Dollars ($3,960.00). The Design Consultant will submit to the APP Coordinator monthly, detailed invoices. 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 H:1LC_DATA\APP\C NTRCTS\2002\HARM-DC. DOC 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 Consultant 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 Consultant'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 Jim Lynxwiler, and accordingly, the Design Consultant shall neither assign any primary creative responsibilities nor delegate any primary creative duties arising under the Agreement to any person other than Jim Lynxwiler, 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 Consultant 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 shall be acceptable to City. 12. Ownership of Works Created. The Design Consultant hereby assigns irrevocably to the City any and all rights to works designed or created and in any way related to the Services to be provided by Design Consultant under this Agreement, including any rights of Design Consultant under the 1990 "Visual Artists' Rights Act", which shall, if not assignable, hereby H:\LC-DATA\APP\CNTRCTS\2002\HARM-DC.DOC knowingly be waived by Design Consultant. If applicable, any such works shall constitute works for hire, to which Design Consultant shall retain no rights except as specifically granted in writing 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. Entire Agreement/Binding Effect. This Agreement, along with all exhibits or other documents incorporated herein, 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 Consultant 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 H:\LC-DATA\APP\CNTRCTS\2002\HARM-DC.DOC A damages to property arising out of, result from or occurring in connection with the performance of any service hereunder.(b) The Design Consultant shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 17. 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. City Clerk APPRO ED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO BY: /-) ! L '0 gctJs B.O'Neill, II, CPPO or of Prchaying and Risk Management Date: (< // 77 2f i SIGNCONSU TANT: An MES L X E e: / �b Z H:\LC-DATA\APPXCNTRCTS\2002\HARM-DC.DOC Exhibit "A" Harmony Park City of Fort Collins Art in Public Places Program Design Consultant Scope of Work The Design Consultant's role in this project will be to provide art students at Traut Core Knowledge and Preston Jr. High School with guidance on a Public Art Project. More specifically, the Design Consultant will motivate and assist the students in creating design ideas for, and the creation and installation of, permanent public artwork to be placed in Harmony Park (the "Project"). This neighborhood park is located in SE Fort Collins, between Traut Elementary and Preston Junior High. This is a Community Choices cooperative project between the City and the Poudre School District. Locations for art could include the "teaching circles," the restroom exterior, and the pump house. The possible themes centering on "harmony" include earth, wind, fire; the solar system; and yin/yang. The Design Consultant will provide guidance, motivation, and assistance to students in designing, creating and installing permanent public artwork. The total Project budget is $ 11,700. The artist will be paid $25 an hour. The Project design will need to be approved by the Art in Public Places Board and City Council. The Design Consultant shall: • motivate students. • provide a starting point for the design phase of the Project. • research design, materials, content, budget and safety concerns. • show how public art can add to the value of a park or property. The Project goals are to: • establish a collaborative team with Traut & Preston School staff & students, the City, and a Design Consultant to create and install artwork(s) in the park. • create site -specific artwork(s) of a permanent nature. • involve as many students as possible. • pull together a larger community to build the art. • research the opportunities to have materials donated to the project. • acknowledge the efforts of the team in the signage. The Design Consultant will be required to visit the park and acquaint herself/himself with the site. DESIGN PHASE A. Design and Planning Services: The Design Consultant shall participate in conceptual and perhaps final design of ARTWORKS for Harmony Park throughout the design phase of the Project as described herein. The Design Consultant will work with the Traut Core Knowledge and Preston Jr. High School Students, Holly Pierce (Preston Art Instructor), Judy Castro (Traut Art Instructor) and APP staff during the design phase of the Project. B. Consultation: The Design Consultant will consult as necessary with the APP staff, Preston and Traut Schools staff, and Park Planning and Development staff. City staff will review the Project proposal to assure that it conforms to safety, material, and code standards. Should the City of Fort Collins find that the Project proposal does not conform to safety, material, and code standards, the Design Consultant shall be required to make the necessary changes. C. Review: The APP Board will review and approve the Project design before fabrication in regard to aesthetics. 2. Creation and Installation The Design Consultant will be responsible for supervising the creation/installation of the final Project. 3. Time of Completion A. Design: Students will work on the design throughout the spring of 2002. phase) (The Design Consultant will be available by phone for consultation during this B. Presentation: The Design Consultant shall present the conceptual design work to the APP Board by no later than: June 2002. C. Installation: The Design Consultant and Preston Jr. High and Traut Core Knowledge students will complete installation of the Project by the end of November 2002. 4. Acknowledgement The ARTIST shall acknowledge APP's role in funding the Project in all public presentations and written, printed or electronic publication of information regarding the Project.