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HomeMy WebLinkAbout291954 BRAAKSMA DESIGN - CONTRACT - RFP - ART IN PUBLIC PLACES NORTHSIDE AZTLANDESIGN CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into the day and year set between THE CITY OF FORT COLLINS, COLORADO, a Municipal referred to as the "City" referred to as "Design Consultant". WITNESSETH: In consideration of the mutual covenants and obligations herein and between the parties hereto as follows: below by and hereinafter hereinafter it is agreed by 1. Scope of Services and Work Schedule. The Design Consultant ag#ees to provide services in accordance with the scope of services and work schedule attached "A", consisting of two (2) pages, and incorporated herein by this reference (the 2. Time of Commencement and Completion of Services The performed pursuant to this Agreement shall be initiated within seven (7) execution of this Agreement. Time is of the essence. Any extensions of the time in this Agreement or Exhibit "A" must be agreed upon in writing, signed by the 3. Contract Period. This Agreement shall commence upon the shown on the signature page of this Agreement and shall continue in full force (1) year, unless sooner terminated as herein provided. In addition, at the option Agreement may be extended for an additional period of one (1) year at the rates eto as Exhibit )ject" ). ,rvices to be Lys following imits set forth :ies. of execution effect for one 'the City, the irovided with written notice to the Professional mailed no later than ninety (90) days prior to con act 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 performanc is prevented by such cause. To the extent that the performance is actually prevented, the Desi Consultant must provide written notice to the City of such condition within fifteen (15) days of such condition. 5. Early Termination by City/Notice. Notwithstanding the time herein, the City may terminate this Agreement at any time without cause by notice of termination to the Design Consultant. Such notice shall be delivered (15) days prior to the termination date contained in said notice unless otherwise by the parties. All notices provided under this Agreement shall be effective postage prepaid and sent to the following addresses: QW. Ellen K. Martin Lincoln Center 417 W. Magnolia Street Fort Collins, CO 80521 (970) 221-6735 Design Consultant: Braaksma Design, Inc. Carolyn Braaksma 4444 Utica Street Denver, CO 80212 (303)433-1175 In the event of early termination by the City, the Design Consultant services rendered to the date of termination, subject only to the satisfactory Design Consultant's obligations under this Agreement. Such payment shall Consultant's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Design Consultant for the this Contract, subject to additions and deletions provided herein, a design fee o ($50.00) per hour for time spent on the Project, excluding travel time, reasonable materials, and a mileage invoice of $.365 per mile for working trips to Fort C maximum of $30 per round trip. The total contract sum for the Project shall not e. sum of Ten Thousand Dollars ($10,000.00). The Design Consultant will subm Coordinator monthly, detailed invoices. from the onset iods contained ividing written at least fifteen reed in writing when mailed, 11 be paid for mance of the e the Design rformance of Fifty Dollars ost of design ,llins up to a aeed the total to the APP 7. City Representative. The City will designate, prior to work, its representative who shall make, within the scope of his or her and proper decisions with reference to the services provided under this concerning this agreement shall be directed to the City Representative. of the all necessary All requests 8. Independent Service Provider. The services to be perfonn4d by Design Consultant are those of an independent service provider and not of an Fort Collins. The City shall not be responsible for withholding any Consultant's compensation hereunder for the payment of FICA, Workmen's other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the on the special abilities of Carolyn Braaksma, and accordingly, the Design ( neither assign any primary creative responsibilities nor delegate any primary arising under the Agreement to any person other than Carolyn Braaksma, w written consent of the City. of the City of )n of Design npensation or -eement based insultant shall reative duties lout the prior 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 provided to the City under this Agreement or cause of action arising out of Agreement. 11. Warranty. (a) Design Consultant warrants that all work performed herei performed with the highest degree of competence and care with accepted standards for work of a similar nature. or benefits of this er shall be accordance (b) Unless otherwise provided in the Agreement, all materials d equipment incorporated into any work shall be new and, where not sp cified, of the most suitable grade of their respective kinds for their intend d 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 �o the Services to be provided by Design Consultant under this Agreement, including any ri*hts of Design Consultant under the 1990 "Visual Artists' Rights Act", which shall, if not assignable, hereby 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 specific*lly granted in writing by the City. The Design Consultant shall have the right to make I and use two- dimensional images or representations of the completed Project. Any commercial use of such images or representations must credit the City of Fort Collins Art in Public Places 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 ref�se to perform according to the terms of this agreement; such party may be declared in default 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. default remains uncorrected, the party declaring default may elect to (a) terminate and seek damages; (b) treat the Agreement as continuing and require specific avail him or herself of any other remedy at law or equity. If the non -defaulting legal or equitable actions against the defaulting party, the defaulting party shall non -defaulting party for the non -defaulting party's reasonable legal fees, and costs, incurred because of the default. 15. Entire Agreement/Binding Effect. This Agreement, along with other documents incorporated herein, constitutes the entire agreement between shall be binding upon said parties, their officers, employees, agents and assigns the event the ie Agreement mance; or (c) commences liable to the attorney fees .1 exhibits or e parties 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 for reasonable -damages arising from accidents to persons or property occasioned by the negligent acts o Subcontractor, its agents or employees in the performance of the Work. The Subcontractor agrees to obtain, maintain and pay each contractual 1 ability insurance as required by the specification and project requirements, but not less than: Workmen's Compensation (Statutory Limits) Comprehensive General Liability, Bodily Injury Limits $500,000.00 each person, $500,000. 0 each accident, Property Damages $250,000.00 each accident. (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 I the event any provision of this Agreement shall be held invalid or unenforceable by any jurisdiction, such holding shall not invalidate or render unenforceable any other Agreement. THE CITY OF FORT COLLINS, BY: J es . ONeill, II, CPPO, FNIGP Director of Purchasing and Risk Ma Date: 2 2Z j 0 % of competent of this 1P]w10zEke]z[3 jijV.V2Y�A By: Carolyn Date: STATE OF COLORADO ) )ss. COUNTY OFF\�) Subscribed and sworn to before me this J— day of Carolyn Braaksma as S?m of Braaksma Design, Inc. Witness my hand and official seal. My commission expires: n -a5- & otary 2006, by 70"e', ; L&ff j My+ Gwmission Expires 11.25.06 Exhibit "A" Fort Collins Northside Aztlan Center CITY OF FORT COLLINS ART IN PUBLIC PLACES Design Consultant Scope The Design Consultant will collaborate with the Project Manager/Team in the overall design for public areas and Concepts for Artwork for the Fort Collins Center Project (the "Project'). nt of the Aztlan The City of Fort Collins APP program is working with the Northside Aztlan Cent Project Team. The Design Consultant will be required to meet with the Project Manager & Project Team to acquaint themselves with the Project and the design process. The Design Consultant will act as part of the Project Design Team. The object is: • To identify opportunities for public art and aesthetic elements within the Proj ct design. • To work with the design team to identify and create possible themes for the s Ite. • To provide ideas for design treatments, materials to be used, and possible sitc s that could incorporate artful ideas into the Project. • If approved, to coordinate with the team to develop detailed renderings/illustrations of possible art options for this site. • To attend community meetings/open houses when requested. The Design Consultant will be asked for ideas for design treatments and materials to be used, the designation of sites, and illustrations for their conceptual plan. 1. DESIGN PHASE The Design Consultant will work with the Northside Azdan Project Design Team, th City of Fort Collins, Facilities Project Manager, and City staff, during the design phase of the Pro ect, under the general direction of the Art in Public Places Coordinator. A. Design and Planning Services: The Design Consultant shall participate in the conceptual and final design of e public areas of the building and of Artwork for the Project. B. Design: The Design Consultant shall submit a conceptual design, then final desi proposal for the Project to the Project Design Team and the APP Coordinator. Th final design proposal shall be deliverable in the form of an illustrated conceptual drawi g, description and shall include the designation of elements of the Project design to be ad essed by the Design Consultant, ideas for design treatments and materials to be used, pecifications, budget, time line, and the designation of proposed sites. C. Consultation: The Design Consultant will consult as necessary with the Project Design City of Fort Collins' Facilities Project Manager in order to complete the this Scope of Work. The Project Manager will review the Design Consu assure that it conforms to safety, material and code standards. Should tb Manager find that the Design Consultant's proposed plans, designs and r. specifications do not conform to safety, material and code standards, the Consultant shall make the necessary changes to such plans, designs or sl bring them into compliance with applicable standards. D. Community Involvement: In addition to design meetings, the Design Consultant may be asked to atte community representatives/user groups designated by the APP Program or Collins to present the proposed design for the Project. The Design Consult with the Project Design Team in formulating the design proposal and to id( the artistic treatments or Artwork(s), as applicable. Team and the .asks outlined in .tant's work to Project to meetings with City of Fort 'shall consult lfy a site(s) for E. Approval of Proposal Design: Upon completion of design, the Design Consultant shall submit the Pr 'ect proposal to the Project Design Team & APP Coordinator for review. The APP Boar will then make a recommendation to accept or reject the Proposal. Final design for the roject will then need to be approved by the Fort Collins City Council F. Time of Completion 1. Conceptual Design Phase: The Design Consultant shall work with the D sign Team to create a conceptual design by: February 1, 2006. 2. Presentation: The Design Consultant shall present the conceptual design work to the APP Board by no later than: March 15, 2006. 2. ACKNOWLEDGMENT The Design Consultant shall acknowledge APP Program's role in funding the Projec in all public presentations and written, printed or electronic publication of information regarding e Project.