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HomeMy WebLinkAbout297788 MARK LEICHLITER - CONTRACT - AGREEMENT MISC - MARK LEICHLITERART IN PUBLIC PLACES CONSTRUCTION AGREEMENT * Mark Leichliter - Sculpture THIS AGREEMENT is made and entered into this ; 5T# day of lDi � 2013, by and between POUDRE RIVER PUBLIC LIBRARY DISTRICT, a political subdivision of the State of Colorado (the "District"), and MARK LEICHLITER, d/b/a Exocubic Studio (the "Artist"). In consideration of the mutual covenants and obligations expressed herein, the parties agree: 1. The Work. The Artist will famish all materials and perform all of the work to fabricate and install the project shown on the drawings and described in the specifications attached as Exhibit "A" (the "Work"). The Artist's work must be of high quality, conforming to generally accepted standards of workmanship in the industry and in conformity with this Agreement. 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. 2. Contract Price. The District will pay Artist for the Work, subject to additions and deletions provided in writing and agreed upon by the parties, the sum of Thirty -Five Thousand Dollars ($35,000) based on the Project Budget included in Exhibit A, on the following schedule: (a) $17,500 as a deposit with the Notice to Proceed; (b) $7,000 upon client's receipt of written and photographic proof of "Hivemind's" Fabrication; and (c) $10,500 within 30 days of final acceptance as described herein. 3. Commencement and Time of Completion. The District will issue a Notice to Proceed, including a description of any proposed lighting of the Work/site that would be provided by the District as part of the improvement plans. Artist will begin the Work promptly upon receipt of the Notice to Proceed and complete the Work and installation with lighting within 120 days or as otherwise stated in the Notice to Proceed. 4. Accentance and Ownership of the Proiect. The Artist will notify the District in writing when the project is completed ("Notice of Completion"). a. The District will provide a written statement identifying any deficiencies in the Work or installation within 10 days of Artist's Notice of Completion; and, b. Artist shall submit subsequent Notices of Completion and upon satisfactory inspection, the District will issue its notice of final acceptance; and, (00052983 21 0 C. Within 10 days of receipt of a Notice of Final Acceptance, the Artist will deliver to the District a bill of sale in exchange for the payment of any remaining balance of the Contract Sum. 5. Ownership of Works Created. A. Assignment of Copyright. The Artist hereby assigns, transfers, and conveys to the District all right, title and interest in and to the Work together with the copyright therein and the right to secure copyright or trademark registration therefore, in accordance with the Copyright Law of the United States. The assignment, transfer and conveyance includes, without limitation, any and all features, sections, and components of the Work, 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 with or without a fee, the Work publicly, to prepare derivative works of and from the Work, to combine the Work with other materials, and to otherwise exploit and control the use of the Work. As additional consideration for this assignment, the District agrees that all reproductions of the Work by the District shall credit the Artist. B. Rights under the Visual Artists' Rights Act. To the extent the uses or removal of the Project under this Agreement 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. 6. Guarantee of Workmanship and Material. For a period of three (3) years from the date of the District's Notice of Final Acceptance, Artist agrees to replace or correct any material defects in the Work, whether caused by defects in the design, workmanship or materials used in the Work. 7. Maintenance. Artist will provide to the District written instructions for maintenance and preservation of the Work. 8. Failure to Complete. If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Work in accordance with this Agreement, any work already done will be the District's property. The District will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Work by another. 9. 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. (00052993 2} C) If to the Artist: Mark Leichliter 1008 Orchard Place Fort Collins, CO 80521 If to the District: Holly Carroll Executive Director Poudre River Public Library District 301 E. Olive St. Fort Collins, CO 80524 10. Termination/Default. The District may terminate this Agreement on no less than seven (7) days written notice to the Artist. In such event, the District will compensate Artist for all services performed to the date Artist receives the notice of termination, together with reasonable expenses then due. 11. Indemnity. The Artist indemnifies and holds harmless the District, 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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ARTIST: MARK LEICHLITER d/b/a Exocubic Studio 0, S� r c% i6 Ift By: Its: {00052983 21 THE DISTRICT: POUDRE HJVER PUBLIC LIBRARY DISTRICT Its: EXHIBIT A (The "Work") Scope of Work: The Artist shall design, fabricate and install the previously approved sculpture "Hivemind" (depiction attached) to be located in front of the Poudre River Public Library at 201 E. Peterson, Fort Collins, CO 80524. Materials for the sculpture are to be 300 series stainless steel with both honed and polished surfaces. The Artist will install a concrete footing at the Project site to specifications provided by the Artist and acceptable to the District, plus any lighting desired by the District. Project Budget: The Contract Sum for the Work is $35,000. Timeline: The sculpture shall be completed no more than 4 months from Artists receipt of 50% down payment of the Contract Sum. {00052983 21