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HomeMy WebLinkAbout130487 ARTSCAPES - CONTRACT - CONTRACT - 2207539CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into this IS day of Cc-" 2002, 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 "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 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 Fossil Creek Community Park 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 "Cala Onda: Ripple Cove," which creates a seating area carved into the waters edge using concrete with ripple patterns sand -blasted into it and stone pillars rising out of the water to form an amphitheater for the water and mountain views, as well as "Time Pods," 3 carved limestone sculptures designed to suggest animal, water, and plant forms to be placed in the Time Walk area. 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 be fully completed within One Hundred and Eighty -Six (186) working days of the Artist having received Notice to Proceed. 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 Proiect 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. Exhibit "A" City of Fort Collins An` in Public Places Program r055d CreeL Community ParL Protect "Cala Onda: The Ripple Cove" Andrew Dufford — Artscaoes, LLC The work for this park will be a part of the urban and suburban environment. In many ways, the rhythms of suburban life are separated from the larger community of the non human ecology. I want to create a place of rest and repose, a place that will offer a daily reminder and connection to the beauty and resources of the more -than -human world. My vision for this project is a "Ripple Cove," a sitting area carved into the water's edge that creates a space for people to sit at water level and gaze across the lake to the vista of Long's Peak to the west, BHA has worked hard to maintain this view corridor and that site line has become the major design axis for this end of the park. The seating cove will reinforce that design intent and provide a delightful connection to the water. The cove will slice into the grassy area on the eastern shore of the lake. A series of wide ripple steps/seats will drop gently down, providing seating at a variety of levels from 30" below grade all the way up to the grade of the lawn (see attached section drawing.) This is an amphitheater for the water and mountain views. Beyond the lakes edge a series of stone fingers will rise up out of the water to suggest a continuation of the other edge of the ripple pattern and to frame the view beyond. For me, ripples in water are a slice of nature's magic. The concentric flow of the ripple and the crosscurrents that are created when two or more ripples intersect express the endless variety and order of the natural world. This ripple cove expresses that pattern in the form of the steps and the paving patterns and provides a ringside seat to watch those same patterns in the lake. Materials and Dimensions The cove is formed of a combination of shotcrete and formed concrete. The patterns will be sandblasted and stained into the concrete surface. The sculptural grouping in the water will be a series of basalt pillars set on a concrete wall/footer. Basalt is extraordinary stone. It splits into fractured columns and has a color range from deep gray with light gray highlights to a variegated rusty patina. The seating area will vary from grade to 42" below grade. The crescent of the cove is 24' wide and 8' from the front wall to the back of the seat. The stairs extend back into the grass an additional 20'. Safety The seating cove is designed to be a safe place for all people. The actual shore grades will be consistent with the rest of the shoreline. While inside the cove, the front wall acts as a barrier. At 42" it is consistent with guardrail codes. The top of the wall will be finished at a steep angle to prevent anyone from using the wall as a "balance beam." Proposed Maintenance The cove is made of concrete and will have a concealed sump pump to keep the floor area free of flooding, snow melt and run off. The vertical surfaces will be coated with a graffiti guard in case of tagging. The basalt water stones will sit on an engineered foundation. The basalt requires no maintenance and will become more beautiful with time. Time Walk Sculptures "Time Pods" Project Narrative My vision for the time walk is a series of three discovery spaces, each with a carved limestone sculpture in the form of an ambiguous relic. The pieces have been designed to suggest animal, water, and plant forms. The sculptures are deliberately non-specific. Because many of the other features in the park are very literal sculptures of dinosaurs and fossils, these 'Time Pods" are sculpted to be imaginative and open to many interpretations. Materials and Dimensions The pods will be carved of Silverdale limestone from Kansas. This stone very often has fossil inclusions that make it both a slice of history and a one of a kind treasure. The limestone is a beautiful yellow cream that will be highlighted by the greenery of the planting nearby. We are working with BHA to fine tune both the grading and the planting so that the pieces are integrated into the landscape, creating a total experience. The Skygazer Pod will measure approximately 4' x 4' x 3'. The smaller pods will be 2' x 2' x 3' and 2' x 2' x 18". Both of the smaller pieces will be anchored with a sub -grade footer for stability and theft prevention. Proposed Maintenance The Silverdale limestone is a common architectural stone and had good durability. My graffiti coating of choice is PROSOCO graffiti guard sacrificial coating. This product does not change the appearance of the stone. If the sculptures are tagged, the graffiti and the coating wash off and the coating must be reapplied. 0 D 0 O C C V V 5. Changes to Scone 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. 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 and all this related work 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 the purpose 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. 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 the Artist under this Agreement. Any such works shall constitute works for hire, to which the Artist shall retain no rights except as specifically granted by the City. A. To the extent the uses or removal of the Project under this Contract affect any rights the Contractor may have under the provisions of federal or state law, including the 1990 Visual Artists' Rights Act, the Contractor 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, the Artist agrees to replace or correct any material defects in the Project , whether caused by defects in the 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. 9. Maintenance Instructions and Maintenance. Artist shall provide to the City written instructions for maintenance of the Project, to include detailed information regarding the 2 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 the Artist for the performance of this Contract, subject to additions and deletions provided herein, the sum of Seventy Three Thousand, Five Hundred Dollars ($73,500) The City agrees to pay the Artist under the following schedule: A. $18,375upon full execution of this Agreement; B. $18,375 upon completion of the concrete work for the cove and purchase of the stone for the time pods; C. $18,375 upon completion of the carving of the time pods D. $18,375or 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, below and 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 Sculpture 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, the City shall be entitled to withhold any sums not yet paid to Artist. The City shall be entitled to 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 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 the Artist, and the Artist hereby authorizes the City to retain from any monies due the Artist, the sum of Three Hundred ($300.00) per day for each and every calendar day the 3 project remains unfinished. In no event shall liquidated damages exceed the sum of Six Thousand Dollars ($6,000.00). 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 mailed to the this party at the following address: If to the City: Ellen K. Martin Lincoln Center 417 W. Magnolia Fort Collins, CO 80521 (970) 221-6735 If to the Artist: ARTSCAPES, LLC. Andrew Dufford, Member 4441 W. 30th Ave. Denver, CO 80212 (303) 477-3780 and any such notice shall be sent certified or registered mail, return receipt requested, postage prepaid. 16. Termination/Default. 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 parry should fail or refuse to perform according to the terms of this Agreement; they may be declared in default thereof. 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 this remedy at law or equity. Termination shall be effective upon the mailing, by the terminating party, of written notice of termination to the defaulting party. If the 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 the Artist therefor. 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 attorneys fees and costs incurred because of the default. 17. Assigninent. It is understood that the City enters into this Agreement based on the special abilities of the Artist and that this Agreement shall be considered as an agreement for personal services. Accordingly, the 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 the 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 his. 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 contractor. 5 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. Persons. 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 this 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 these contract documents, 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, including attorneys 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 6 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 or his 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 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, 7 4 IA' . I 5City Clerk v APPRO D A/ S T7 FORM: I Assist t City Attorney ATTEST: A Municipal Corporation By: V ) " f Direct r o urchasing and Risk Management (1By: . Citylg4anager LLC Dufford, 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 ARTIST Un STATE OF COLORADO ) ss. COUNTY OF LARIMER ) QI Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: Notary Public 2002. day of