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HomeMy WebLinkAbout426478 BARBARA A BAER - CONTRACT - RFP - 7060 APP LINCOLN CENTER PROJECTART IN PUBLIC PLACES CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into this T`- day of M 442 < `� , 2011, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City"), and Barbara Baer (hereinafter referred to as "Artist.") In consideration of the mutual covenants and obligations herein expressed, the parties agree as follows: 1. Scope of the Work. The Artist must furnish all of the materials and perform all of the work for the Lincoln Center Renovation Project as shown on the drawings and described in the specifications attached as Exhibit "A" and incorporated by reference into this Agreement (the "Project"). The Project consists in general terms of the design, construction, signage and installation of two artworks at Lincoln Center. One artwork is an illuminated metal sculpture that will be attached on the south side of the building (the "Sculpture"). The second artwork consists of painted acrylic panels that will be installed on the wall of the new main lobby of the building (the "Panels"). The Artist's work must be of high quality, in compliance with generally accepted standards of workmanship, and in conformity with this Agreement. 2. Time of Completion. The City will issue a Notice to Proceed. Artist must begin the Project promptly upon receipt of the Notice to Proceed and must fully complete the Project by May 1, 2011 for the "Panels" and July 1, 2011 for the "Sculpture". Any extensions of this time limit must be agreed upon in writing by the parties. The City will grant the Artist a reasonable extension of time if 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 Project Management Control System. In order to insure that the Project is consistent with its authorized scope and schedule, the Artist must provide an approximate schedule for the completion of all unit work items covered by the Agreement. The schedule must indicate the anticipated percentage completion of each unit work item for each week for the duration of the work. The Artist must submit the initial schedule to the City prior to beginning the work. 4. City Representative. On or before the date the City issues its Notice to Proceed the City will designate its project representative who will make all necessary and proper decisions with reference to the Project within the scope of his or her authority. The Artist must direct all requests for contract interpretations, change orders, or other clarification or instruction to the City representative. 5. Changes to Scope of Work. A. Changes by Artist. The Artist cannot change the Project specifications and drawings in Exhibit "A" without advance written approval from the City. B. Changes by the City. The City may request changes in the design and construction of the Project through written Change Order Requests. The Artist and the City will then negotiate in good faith to reach agreement on any necessary changes in price or scheduling requirements. Once the parties have reached agreement, the City will issue a written Change Order documenting the agreed upon terms. The Artist must not proceed with work related to the requested change until the City issues the Change Order. Lighting Equipment Light effects are produced by architectural lighting fixtures mounted across the Green Room addition roof, on a 1ft pole. The LED fixtures produce rich, saturated, wall -washing color with custom programmed, color changing effects. A data supply box and a controller to program, store and play back light shows are installed inside as part of the building's over- all lighting system. (Col orblast 12 Powercore fixtures) Materials, Dimensions and Weights The steel shapes are sandblasted, coated with a zinc primer rust barrier, and then powdercoated. Overall the artwork measures 22' H and 34' W. The two largest shapes are fabricated in several pieces which bolt together. Weights vary from approximately 145# to 350#. All structural decisions follow the recommendations of a licensed structural engineer. Installation and Maintenance All components bolt through the brick veneer and into the concrete block wall. Placing the steel shapes would require a crane staged in the parking lot. Artist will provide signed engineered drawings showing installation methods for sculpture. All metal and lighting components are designed for extreme durability. The powder coat on the shapes is an industrial finish often used for park signs and light posts. The LED fixtures, used in applications all over the world, are fully sealed for the outdoors in a rugged metal housing. The lights are designed for energy efficiency and 50,000 hour bulb life. Proposed Lobby Artwork Design Considerations The open and dramatic new lobby has suggested an art wall that can be both a focus and backdrop to patron activity. The proposed design combines ancient and contemporary visual references in a gently changing wall of acrylic and light. Set in an architectural niche above the lobby's curving banquette, the work presents a double row of square translucent panels illuminated from behind by a wash of programmable, changeable colored light. ' Image Sources Sited near entrances to the Center's main stage, imagery was inspired by a theatre curtain, lifting and parting to reveal an imagined world. The flowing, curling lines also mimic the stage dress of ancient Greece, the inventor of Western theatre tradition. The emphasis on line reflects the way new thoughts are often first recorded --- by marks on paper. Map of new floor plan NM4 K 'L -- Color and Pattern Y "..y $ r Painted across the front of each acrylic panel is a pattern of lines; across the reverse are clouds of white and iridescent ;!!-�� copper pigment. The panel designs start with the same pattern but are actually twenty individual paintings with Artist's rendering of lobby artwork variations of opacity, color distribution and spatial orientation. Each panel is 26.5" square and weighs 11.5#. Overall dimensions are 53"H x 265"W. The assembly stands 6" away from the back of the niche and is surrounded by a 1" open space to create a softly illuminated light box. Photo montage of artist's acrylic sample, to illustrate the final artwork pattern and effect Lighting Equipment Changing lights in white or color are produced by linear fixtures recessed below and behind the art wall. The LED fixtures produce even, wall -washing illumination visible as a diffused glow of programmed effects that become part of the artwork. Materials and Dimensions The plastic elements are premium grade acrylic sheet with flame polished edges. The 3/8" thick plastic is UV stabilized to retain its colorless nature. Surfaces are air -brushed with lightfast paints and clearcoated with multiple layers of urethane auto enamel: an extremely durable finish that is also UV resistant. Panels will be painted on both sides Installation and Maintenance The edge -to -edge panels are secured by aluminum standoffs bolted into the reinforced niche structure. The satin ure- thane topcoat prevents glare from the window wall opposite and hides fingerprints. The only recommended care is occa- sionally wiping the surface with a cloth dampened with plain water or a cleaner specified for plastics. The linear fixtures are energy efficient with a 50,000 hour bulb life. 0 PROPOSED EXTERIOR AND LOBBY ARTWORKS COMBINED BUDGET Artist and Consultation Fees artist's studio time and production supervision 3200. structural engineering 2000. Materials and Fabrication steel fabrication 5500. steel powdercoating 3900. plastics fabrication 1900. plastics clearcoating 2050. hardware 1900. light fixtures and programming 10,000. Operation Expenses studio operation and supplies 400 artwork and liability insurance 390 travel 300 Installation transporting artwork 360. installation crew and equipment rental 6600. Total Note: a 10% contingency fund is reflected in each line item. $38,500. :6b zms [ 3 o� I„ PT-300 ON GYP. ON METAL STUDS J, B -5'AFF N 8.0. GYP. SOFFIT PT — ADDITIONAL PT-300 ON If GYP, ON J¢' PL BLOCKING IN ON METAL STUD 5 WALL FOR SPIDER FITTING •i /'/il ATTACHEMNTS ART BY OTHER ,y. 1 PT-300 ON GYP ON METAL STUD WALL ALIGNED SPIDER FITTING SPIDER FITTING SPP4VBS SPP2VBS Y STRIP ALONG ENTIRE WALL ww.crlourmce.corrww.crlourmce.corr EDGE. CAULKED ON FRONT FACE STRIP LIGHT 1 1 PROVIDED BY ELEC. ENGINEER 1 BOOTH BY OTHERS I 1 � o i r � 1 1 it I L _ I 712 1 v DE ri g w R rr� U PT-400 �PT-306-' PT-30H/ PT-300 ART OTHERS� 1 BY__.] IiII IIIIiI. - cD I '� r gVII ��V - - — IIIIIII III' SG-500 RB-200 i i I No Text ra- -r GL/� ruc'!j� ; S5''fJ x� 7''c.v /► �����pp\ /l S i\ \`' `'• al l \fib' r. �IQ - CV ��llfi1'✓t'�LI-YL�r rf �lr..�sh wi g `161) ee4v of r/e,`lc11 . ColorBlast Powercore 0' Beam Angle jC Vibrant, controllable color for interior and exterior- architectural lighting ColorBlast° Powercore high-performance LED fixtures combine rich, saturated, wall -washing color and color -changing effects with simplified installation. ColorBlast Powercore offers a single solution for both indoor and outdoor applications, while a range of beam angles make the fixture ideal for washing, grazing, floodlighting, and spot lighting. ColorBlast Powercore offers the efficiency and cost-effectiveness of Powercore technology in a rugged die-cast aluminum housing. Integrates Powercore" technology — Powercore technology rapidly, efficiently, and accurately controls power output to ColorBlast Powercore fixtures directly from line voltage.The Philips Color Kinetics Data Enabler merges line voltage with control data and delivers them to the fixture over a single standard cable, dramatically simplifying installation and lowering total system cost. Three beam patterns —A 23' beam for a soft -edge, and 80 and 10° beams for extended light projection, support a wide range of lighting applications. Versatile light positioning — Locking canopy base offers friction -free rotation of up to 350°, and 110* fixture tilting lets you quickly aim the fixture without special tools. Easy installation — By delivering line voltage directly to the fixtures, Powercore simplifies installation by eliminating power supplies, supporting long product runs, and eliminating the need for special wiring. Fixtures can be mounted to a junction box on a wall, ceiling, or floor for maximum flexibility.The canopy base allows for post -installation rotation without precise junction box positioning. Universal power input range — ColorBlast Powercore accepts a universal power input range of 100 to 240 VAC, allowing the installation of many units in a continuous run.A single Data Enabler can run up to 32 ColorBlast Powercore fixtures at 100 VAC, 33 fixtures at 120VAC, or 52 fixtures at 220VAC or 240 VAC, installed in series, depending on cable lengths and wire gauge. nm in mm 1.35 in 34 mm T"- 7.1 in 180 mm 4.9 ill l.— 124 mm • Outdoor Rated — Fully sealed for maximum fixture life and IP66 rated for outdoor applications, ColorBlast Powercore fixtures meet or exceed specifications for use in wet locations. Rugged, die-cast aluminum housing is available in white or black powder -coated finish. • Industry -leading controls —Works seamlessly with the complete Philips line of controllers, including iPlayer 3 and Light System Manager, as well as third -party DMX controllers. • Efficient and cost-effective — Replacing metal halide fixtures with ColorBlast Powercore fixtures can dramatically reduce electricity and maintenance costs while delivering superior consistency and uniformity of light and color. For detailed product information, please refer to ColorBlast Powercore Product Guide at www.colorkinetics.com/is/rgb/colorblastl 2pc/ I pecifications Due to continuous improvements and innovations, specifications may change without notice Item Specification Details Beam Angle 10, Lumenst 725 Output Color Range 16.7 million additive RGB colors; continuously variable intensity Mixing Distance 6 in (152 mm) to uniform light Lumen Maintenance$ 50,000+ hours L50 @ 50' C (full output) Input Voltage 100 - 240VAC, auto -switching, 50 / 60 Hz Electrical Power Consumption 50 W maximum at full output, steady sate Interface Data Enabler (DMX or Ethernet) Control Control System Philips full range of controllers, including Light System Manager and iPlayer 3, or third -parry DMX controllers Dimensions 7.1 x 12.5 x 4.9 in (Height xWidth x Depth) (172 x 317 x 125 mm) Weight 6.4 lb (2.9 kg) Housing Die-cast aluminium, powder -coated finish. Lens Clear tempered glass Fixture Connections 6 it (1.8 m) unified power / dam cable Physical Operating Temperature -40' - 122' F (40' - 50' C) Operating -4' - 122' F (-20' - 50' C) Startup Humidity 0 - 95%. non -condensing 33 @ 110VAC Configuration: Fixture Run Lengths 36 @ 120VAC 20A circuit, 20 ft (6.1 m) leader cable from Per Data Enabler* 52 @ 220VAC Data Enabler to first junction box, 1 ft (305 mm) 52 @ 240VAC fixture cables, 2 fit (610 mm) jumper cables Certification UL / cUL, FCC Class A, CE, PSE Certification LED Class Class 2 LED product and Safety Environment Dry / Damp / Wet Location, IP66 t Lumen measurement complies with IES LM-79-08 $ L50 = 50% maintenance of lumen output (When light output drops below 50% of initial output.) Ambient temperature specified. Photometrics 10° beam angle Polar Candela Distribution o ms91sr9mra1or,91m;2 1e66 gyp. o21f S6F_ ron; 3731 n1 IS :., 7 :6 n 1 -M 5597 +s z5 X 14 17 18 W .. 23 1' 12 22 3: 7462 12 5 6 5 u5 9328 50• 6S 0 0 a D 0 3 - . 1111, VA 0• 10• 2V 30' 40• ■-0•H 9-%'H Illuminance at Distance cma. a—h Bev.wmrh 3311 916h .7h .]h 229k lift I f, 67h 102h 30h :.11: 10oh 131h 57 rc 17h 18 f, 167h 37(c 3.3ft 35h 25 fc 4.0ft uu 2a.oh D Wm 6p,va I1'e LED Lumens Watts Efficacy RGB 725 50 14.5 sOra 1 V ` ` PES u1v R 212 G 379 B 137 { These figures, provided as a guideline, are accurate for this configuration only. ColorBlast Powercore is part of a complete system which includes fixtures and: Changing the configuration can affect the fixture run lengths. One or more Data Enablers • A Philips controller, such as Light System Manager or iPlayer 3, or third -parry Fixtures, Data Enablers, and Controllers DMX controller • 4-conductor copper wire Item Color Item Number Phil' s 12NC Accessories ColorBlast Powercore White 123-000009-04 910503700158 UL/cUL 10'Beam Angle Black 123-000009-05 910SO3700159 Item ColorBlast Powercore White 123-000009-06 910503700160 Accessory Holders CE / PSE 10'Beam Angle Black 123-000009-07 910503700161 Half Top Hats Dam Enabler (DMX) Dam Enabler (Ethernet) Light System Manager Mayer 3, North America Power Cord iPlayer 3. Europe Power Cord ColorDial Synchronizer Multi Synchronizer 106-000003-04 910,403326801 106-000003-05 910503700064 103-000015-00 103-000019-00 103-000019-01 103-000014-00 103-000001-00 103-000002-00 910503700221 910103327101 910503700392 910403326901 910503700054 910503700055 Use Item Number when ordering in North America. ���LB�S Philips Color Kinetics 3 Burlington Woods Drive Burlington, Massachusetts 01803 USA Tel 888.385.5742 Tel 617.423.9999 Fax 617.423,9998 www.colorkinetics.com Top Hats Egg Crate Louvers Bzrndoors Horbonall spread Lens Vertiall spread Lens Type White (dry / damp / wet location) Black (dry / damp / wet location) White (dry / damp / wet location) Black (dry / damp / wet location) White (dry / damp / wet location) Black (dry / damp / wet location) White (dry / damp / wet location) Black (dry / damp / wet location) White (dry / damp / wet location) Black (dry / damp / wet location) 36/50' 40' Item Number 120-000070-00 120-000070.01 120-000009-03 120-000009-04 120-000005-03 120-oo00a5-04 120-000015-03 120-00001 S-04 120-000019-03 120-000019-04 120-000025-00 120-000025-01 Philips 12NC Copyright @ 2008 - 2009 Philips solid -State Lighting Solutions, Inc. All rights reserved. Chromacone, Chromasic, CK, the CK logo, Color rinetics, the Color Kinetics logo, Colorillast, Color laze, ColorBurst ColorGraze, ColorPlay. ColorReach, DIMand, EssentialWhile, eW iColor, iColor Cove, IntellWhae, iW iPlayer, Light Without Limits, Opubia and Powercore are either registered trademarks or trademarks of Philips solid-state Lighting solutions, Inc. in the Untied States and/or other countries. All other brand or product names are trademarks or registered trademarks of their respective owners. Due to continuous improvements and innovations, specifications may change without notice DAS-000008-02 R03 12-09 EXHIBIT B SAMPLE LIEN WAIVER RELEASE (ARTIST) TO: City of Fort Collins, Colorado (OWNER) FROM: Barbara Baer (ARTIST) PROJECT: Lincoln Center Renovation Project 1. The ARTIST acknowledges having received payment, except final payment, from the OWNER for all work, labor, skill and material furnished, delivered and performed by the ARTIST for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and this good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the ARTIST voluntarily waives all rights, claims and liens, including but not limited to, mechanic's notices, equitable liens and labor and material bond rights which the ARTIST may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The ARTIST affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the ARTIST or ARTIST's agents, employees, and servants, or by and through the ARTIST by various Subcontractors or material men or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S rights or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The ARTIST agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the ARTIST'S Subcontractors, material men, employees, servants agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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 2011. Barbara Baer STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of , 2011, by: Witness my hand and official seal. My Commission Expires: Notary Public 6. Formal Acceptance and Ownership of the Project. The Artist must notify the City when the Project is fully installed and complete. No more than thirty (30) days after receiving such notice, the City will provide the Artist a written response, informing the Artist that either: (1) the City agrees that the Project is fully installed and is complete consistent with the terms of this Agreement, all other related work is completed in accordance with this Agreement, and the City formally accepts the Project as completed ("Letter of Acceptance"); or (2) the City does not consider the Project to be completed due to unresolved issues or defects that remain, and describing the outstanding issues or defects which the Artist must then cure before the City will issue a Letter of Acceptance. The Project is not finally complete for purposes of this Agreement until the City has issued a Letter of Acceptance. Once the City has issued a Letter of Acceptance the City will be the sole owner of the Project, and the Artist will have no further obligations under this Agreement, except as set forth in paragraphs 8, 9, 12, and 26. 7. Ownership of Works Created. A. Assignment of Copjieht. The Artist hereby assigns, transfers, and conveys to the City all right, title and interest in and to the Project together with the copyright therein and the right to secure copyright registration therefore, in accordance with Sections 101, 204, and 205 of Title 17 of the United States Code, the Copyright Law of the United States. This assignment, transfer and conveyance includes, without limitation, any and all features, sections, and components of the Project, any and all works derived therefrom, the Unites States and worldwide copyrights therein, and any renewals or extensions thereof, and any and all other rights that the Artist now has or to which the Artist may become entitled under existing or subsequently enacted federal, state, or foreign laws, including, but not limited to the following rights: to reproduce, publish, and display the Project publicly, to prepare derivative works of and from the Project, to combine the Project with other materials, and to otherwise exploit and control the use of the Project. As additional consideration for this assignment, the City agrees that all reproductions of the Project by the City shall credit the Artist. B. License Back to Artist of Certain Rights. The City hereby grants to Artist the following rights in and to the Project: the non-exclusive right to make two-dimensional reproductions of the Project for any purpose, provided that any such reproduction clearly states the location of the Project, acknowledges the City and the Art in Public Places Program, and contains a copyright notice. With the exception of publicity pieces, the Artist must not knowingly permit others to make reproductions of the Project for commercial purposes without the written permission of the City. C. Rights under the Visual Artists' Rights Act. To the extent the uses or removal of the Project under this Contract affect any rights Artist may have under the provisions of federal or state law, including the 1990 Visual.Artists' Rights Act, the Artist 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, Artist agrees to replace or correct any material defects in the Project, whether caused by defects in the design, 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 2 satisfactory to the City, the City has the right to arrange for such replacement or correction, and Artist must reimburse the City for the costs of any such replacement or correction. If the City asks Artist to repair damage caused to the Project by vandalism, collision, extreme environmental conditions, or other unforeseeable causes, the City will reimburse Artist for reasonable material and labor costs for such repairs, except to the extent such damage is due to a defect in design, workmanship or materials used in the Project. 9. Maintenance. Artist must provide to the City written instructions for maintenance of the Project, including detailed information on the operation, care, maintenance and repair of the Project, as well as a disk of digital images depicting a total of at least eight views of the completed Sculpture and at least eight views of the completed Panels. Artist also 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 will pay Artist for the performance of this Contract, including travel time and expenses and subject to additions and deletions provided herein, the sum of Thirty -Eight Thousand Five Hundred Dollars ($38,500) on the following schedule: A. $12,500 upon full execution of this Agreement; B. $12,500 upon submittal to the City of the signed engineer drawings for the Sculpture and completion of fabrication of the steel components of the Sculpture; C. $8,500 upon completion and installation of all art components on the Project ; D. $5,000 or any remaining amounts due under this Agreement, upon the City's final approval and acceptance of the Project as complete. The City will not make final payment until it has received satisfactory maintenance instructions and photographs as described in Section 9 and a lien waiver from the Artist in substantially the form shown in Exhibit `B", and comparable lien waivers from any and all subcontractors that have performed work or provided materials in connection with the Project. 11. Failure to Complete. If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City's property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate. 12. Project as Unique. Artist represents and warrants that the Project is artistically unique, and agrees not to create or be involved in the creation of identical or substantially similar artworks within 150 miles of Fort Collins, Colorado. 13. Liquidated Damages. The parties agree 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 by the parties pursuant to Section 2, above. In recognition of the difficulty of ascertaining the actual damages sustained by the City, the parties agree that the assessment of liquidated damages is appropriate. In the event the Project is not completed within the specified time, Artist authorizes the City to retain from any monies due the Artist, the sum of One Hundred Dollars ($100) per day for each and every calendar day the Project remains unfinished. In no event will liquidated damages exceed Five Thousand Dollars ($5,000). 3 14. Governing Law. This Agreement is governed by the laws of the State of Colorado. 15. Notice. Any notice or other communication given by either party to the other related to this Agreement must be hand delivered; sent by a commercial carrier; or sent by mail, addressed to the party at its address as set forth below. The notice or other communication will be effective on the date it is delivered or on the third business day after being sent, whichever comes first. If to the Artist: Barbara Baer 1027 Steele St. Denver, CO 80206 16. Termination/Default. If to the City: Ellen Martin Lincoln Center 417 West Magnolia Fort Collins, CO 80521 A. Termination. The City may terminate this Agreement on no less than seven (7) days written notice to the Artist. In such event the City will compensate Artist for all services performed to the date Artist receives the notice of termination, together with reasonable expenses then due, unless the parties agree otherwise in writing. B. Default. Each and every term and condition of this Agreement is deemed to be a material element of this Agreement. If either party fails or refuses to perform according to the terms of this Agreement; it may be declared in default thereof. If 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 Artist therefor. C. Remedies Upon Default. If one party declares the other in default of this Agreement and performance is possible within the completion time established herein, the defaulting party has a period of five (5) days within which to cure the default. If the defaulting party fails to correct the default (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 itself of any other remedy at law or equity. If either party elects to terminate the agreement for default, termination will be effective upon the mailing, by the terminating party, of written notice of termination to the defaulting party. D. Attorneys Fees. If the non -defaulting party must commence legal or equitable action against the defaulting party to enforce the terms of this Agreement, the defaulting party is liable to the non -defaulting party for the non -defaulting party's reasonable legal fees, including attorney's fees, incurred because of the default. 17. Assignment. Artist understands that the City enters into this Agreement based on the special abilities of Artist and that the City considers this Agreement to be an agreement for personal services. Accordingly, Artist must neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 4 18. Artist -- Independent Agent. The Artist performs all work under this Agreement as an independent agent and is not an agent of the City, nor are the Artist's Subcontractors or employees subagents of the City. 19. License and Business. The Artist must hold, in the Artist's name, all necessary licenses and permits to perform the work. The Artist must have full authority to do business in the State of Colorado, and have a designated place of business for making and accepting communications with or from the City. The Artist must maintain a current address and telephone number with the City throughout the term of this Agreement. 20. Superintendence. Before starting work the Artist must designate an authorized representative who has complete authority to represent and act for the Artist. The Artist must keep competent supervisory personnel on the work during its progress and provide efficient supervision of the work, using Artist's best skill and attention. The Artist is 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 must employ only competent, skillful workers to do the work. Whenever any person employed by the Artist appears to be incompetent or acts in a disorderly or improper manner, the Artist must promptly remove such person from the work. 22. Subcontractors. The Artist may use subcontractors to complete the fabrication, transportation and/or installation of the Project, under Artist's direction and supervision. The Artist must, within fifteen (15) days of the effective date of this Agreement, submit to the City the names of all subcontractors Artist intends to use for the work. The Artist must not employ any subcontractors that the City, in its discretion, objects to as lacking the capability to properly perform work of the type and scope intended for the Project. The Artist is as fully responsible to the City for the acts and omissions of Artist's subcontractors and of persons either directly or indirectly employed by them as for the acts and omissions of persons directly employed by Artist. Nothing contained in the contract documents creates 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 Artist. 23. Prosecution of the Work. The time of beginning, rate of progress, and time of completion of the work are the essence of this Agreement. The Artist must do the work at such time, and in such order, as will result in successful completion of the Project during the time specified in the Agreement and the approved construction schedule. The Artist must furnish tools and equipment for the Project 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. Safety. The Artist is solely responsible for maintaining a safe work area and protecting the safety and welfare of Artist's employees and subcontractors, and the general public, including without limitation area residents, motorists, bicyclists, pedestrians, and children, from work area hazards. The Artist must 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 must be in compliance with all applicable laws, rules and regulations. 5 25. Work and Property. The Artist must use best efforts at all times to safely guard the Project, the City's property and adjacent property, including underground utilities, from damage, injury or loss in connection with the Project. The Artist must provide and maintain all passageways, guard fences, lights, and other facilities required for property protection by state or municipal laws and regulations and location conditions. The Artist must protect the Project and related 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 by the City. The Artist assumes all risk of loss or damages arising out of the nature of the work to be done under this Agreement, or from any unforeseen obstructions or defects which may be encountered in the prosecution of the work, or from the action of the elements or other damage, except damage proximately caused by the City, its employees, agents or other contractors, until final acceptance of the Project by the City 26. Indemnity. The Artist indemnifies and holds harmless the City, its officers, agents and employees, from and against all claims, damages, losses, expenses, and legal fees including attorney's 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, subcontractor or agent of the Artist, the Artist's indemnification obligation are not 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 must provide, or in lieu of personally providing, must require all Subcontractors providing services in connection with this Agreement to provide, from insurance companies acceptable to the City, the insurance coverage designated below, and pay all costs for such coverage, before commencing work under this Agreement. The Artist must furnish the City with certificates of insurance as 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, such insurance at the Artist's expense. The Artist must not commence work under this Agreement until all the insurance required hereunder has been reviewed by the City and the Artist has provided an acceptable certificate of insurance to the City. The Artist, or in lieu thereof, all Subcontractors of Artist, must maintain during the life of this Agreement the Worker's Compensation Insurance required by state statute and, in addition, Employer's Liability Insurance in an amount not less than $400,000 for each occurrence, for all of Artist's employees, if any, to be engaged in work on the Project under this Agreement. The Artist and all Subcontractors of Artist must maintain during the life of this Agreement commercial general liability insurance sufficient to provide coverage for claims for damages for personal injury, 6 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 must be on a "broad form" basis. Amount of insurance to be provided must be not less than $300,000 combined single limits for bodily injury and property damage. The Artist is responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, to the extent that liability is not covered by the Subcontractor's insurance. The Artist's and any subcontractor's insurance policies required under this Agreement must name the City as an additional insured 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. TTEST: rA Wanda Kraji ,k ' City Clerk �•••. COLORP APPRO D AS TO ORM: Assista City Attorney THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation BY.( C J#m¢s B. O'Neill II, CPPO, FNIGP i ctor of Purchasing and Risk Management ►7 STATE OF COLORADO ) )ss. COUNTY OF %v`mer ) Subscribed and sworn to before me this ,)'d day of �i�� �� , 2011, by Barbara Baer. Witness my hand and official seal. My Commission Expires: 4 -,; Cn / y 4�y Notary Pu is -*v 8 I Barbara Baer —Lincoln Center Renovation Exterior Artwork Contract Attachment Site Placement and Scale Most patrons approach the Center along Mulberry, and many enter off the parking lot. Placing the artwork on the South side helps continue the drama of the re -imagined main entry oriented northeast. The high blank wall of the theatre becomes a giant canvas for a collage of playful shapes and changing light effects. Shapes, Color and Light The Lincoln Center creates experiences: drama, comedy, music, art exhibitions, celebrations, meetings, performances. The facility is in a constant state of "making." The designed artwork illustrates this process with an exuberant scattering of cut shapes. Some bolt directly to the surface; others curl off the brick wall or fold away from it; some reach above the roofline. The shapes are crafted to communicate an immediacy --- a sense of becoming something else. By playing with positive and negative space, the design uses the existing wall itself to create some of the shapes. Extending the motif of a sketchbook page, the metal cutouts are all white. By day, the color is a simple and dazzling contrast to the darker brick. By night, white maximizes the color shifts projected across its surface. Artist's model depicting the South face of the Southeast corner of the renovated Lincoln Center with the proposed artwork placed high on the side of the building. The effects can blend warm or cool palettes, complimentary contrasts, washes of white or a single pure color, progressions, varying durations and brightness levels, and more. The artist and Lincoln Center directors will work with an a applications engineer from Philips Color Kinetics to program a library of light shows for varying events and times of the year.