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HomeMy WebLinkAboutSURFACE STRATEGY - CONTRACT - CONTRACT - DESIGN CONSULTANTDESIGN 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 SURFACE STRATEGY LLC, a Colorado Limited Liability Company, 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 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: Surface Strategy, LLC Barbara McKee 1305 Krameria St. Suite H-168 Denver, CO 80220-2743 (303)813-0501 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, a design fee of Fifty Dollars ($50.00) per hour for time spent on the Project, excluding travel time, reasonable cost of design materials, and a mileage invoice of $.365 per mile for working trips to Fort Collins up to a maximum of $30 per round trip. The total contract sum for the Project shall not exceed the total sum of Two Thousand Dollars ($2,000.00). 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 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 Barbara McKee, 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 Barbara McKee, 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 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. The Design Consultant shall have the right to make 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 program. 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 him or herself 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 legal fees, including 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 for reasonable -damages arising from accidents to persons or property occasioned by the negligent acts of Subcontractor, its agents or employees in the performance of the Work. The Subcontractor agrees to obtain, maintain and pay each contractual liability 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, $500,000.00 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 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: k, J tedor s . O'Neill, II, CPPO, FNIGP of Purchasing and Risk Management P9 TTEST: City Clerk APPROV D AS TOFORM: ' - Assistant City Attorney DESIGN CONSULTANT: SURF E STRATEGY LLC By: 106AM*-Wo, MMIT Barbara McKee, Manager Date: I Vb STATE OF COLORADO ) )ss. COUNTY OF7TLD&%/ftA -4- Subscribed and sworn to before me this (O day of 2006, by Barbara McKee as Manager of Surface Strategy LLC. Witness my hand and official seal. My commission expires: n In Exhibit "A" Reservoir Ridge Natural Area Project CITY OF FORT COLLINS ART IN PUBLIC PLACES PROGRAM Design Consultant Scope The Design Consultant will collaborate with the Reservoir Ridge Natural Area Project Manager and Primrose Studio Project Design Team (the "Design Team") in the development of the overall design for public areas and Concepts for Artwork for the Primrose Studio at Reservoir Ridge Natural Area Project (the "Project"). The City of Fort Collins APP program is working with the Design Team. The Design Consultant will be required to meet with the Design Team to learn about the Project and the design process. The Design Consultant will work with the Design Team to create artwork for the Project. The property and associated buildings are located on the west side of Claymore Lake in northwest Fort Collins. The site is 313 acres of foothills grassland, shrub -land, and forest habitat. Located on -site, the Primrose Studio is a 1,312 square -foot facility. During 2006-07, the City will be renovating the facility for use as a public classroom and meeting room for nature -oriented activities. The one-story, cinder -block building will accommodate a class size of 25. A deck (approximately 1,100 sq. ft.) will be added to the east side of the building for outdoor activities. A parking lot will also be built at the facility. The Design Consultant's role in this project is to provide artwork to be installed inside and/or outside the renovated studio. The total art project budget (including design fees) is approximately $6,240. Preliminary design of the Primrose Studio renovation has been completed. Final design will begin in January 2006 and construction is expected to be completed by May 2007. The facility is scheduled to be opened to the public by summer 2007. The Design Consultant will act as part of the Design Team. The Design Consultant's objectives are: • 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 the Project site. • To provide ideas for design treatments, materials to be used, and selection of possible sites that could incorporate artful ideas into the Project. • If the design concepts are approved, to coordinate with the Design Team to develop detailed renderings/illustrations of possible art options for the Project site. • To attend Design Team meetings and community meetings or open houses when requested. • Research the artists who used the studio in the past. 1. DESIGN PHASE The Design Consultant will work with the Design Team, the Project Manager, and City staff, during the design phase of the Project, 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 the public areas of the building and of Artwork for the Project. B. Design: The Design Consultant shall submit a conceptual design, then final design proposal for the Project to the Design Team and the APP Coordinator. The final design proposal shall be deliverable in the form of an illustrated conceptual drawing, description and shall include the designation of elements of the Project design to be addressed by the Design Consultant, ideas for design treatments and materials to be used, specifications, budget, time line, and the designation of proposed sites. C. Consultation: The Design Consultant will consult as necessary with the Design Team and the Project Manager in order to complete the tasks outlined in this Scope of Work. The Project Manager will review the Design Consultant's work to assure that it conforms to safety, material and code standards. Should the Project Manager find that the Design Consultant's proposed plans, designs and material specifications do not conform to safety, material and code standards, the Design Consultant shall make the necessary changes to such plans, designs or specifications to bring them into compliance with applicable standards. D. Community Involvement: In addition to design meetings, the Design Consultant 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 proposed design for the Project. The Design Consultant shall consult with the Design Team in formulating the design proposal and to identify a site(s) for the artistic treatments or Artwork(s), as applicable. E. Approval of Proposal Design: Upon completion of design, the Design Consultant shall submit the Project proposal to the Design Team and APP Coordinator for review. The APP Board will then make a recommendation to accept or reject the Proposal. F. Time of Completion Conceptual Design Phase: The Design Consultant shall work with the Design Team to create a conceptual design by: November 1, 2006 Presentation: The Design Consultant shall present the conceptual design work to the APP Board by no later than: December 31, 2006 2. ACKNOWLEDGMENT The Design Consultant shall acknowledge the APP Program's role in funding the Project in all public presentations and written, printed or electronic publication of information regarding the Project.