HomeMy WebLinkAbout2023 - RESO - 15 - Budget supplemental and Contract Award Cor4 Studios
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 15 Series of 2023 TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,000 FOR THE PURPOSE OF AWARDING A CONTRACT IN THE AMOUNT OF $475,000 AND APPROVING SUBSEQUENT PAYMENTS TO COR4 STUDIOS FOR WADSWORTH PUBLIC ART
WHEREAS, Cor4 Studios (formerly JCAS Studios) was recommended by the
Wheat Ridge Cultural Commission and formally selected by City Council in November 2022 for the public art associated with the Improve Wadsworth Project; and
WHEREAS, the accepted proposal amount exceeds the amount budgeted for this project in the 2023 Public Art Fund; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Budget Amended A transfer of $8,000 is hereby approved from fund balance of the Public Art Fund to account 12-601-800-812.
Section 2. Contract Approved
A contract with Cor4 Studios is approved to create and install the public art associated with the Improve Wadsworth Project. DONE AND RESOLVED this 10th day of April 2023.
________________________________ Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
CITY OF WHEAT RIDGE
ART INSTALLATION SERVICES AGREEMENT
THls AGREEITIENT madethis 4j-day ot iTt,,rch 2023, byand belween the City of \rtih6at Ridg6,
Colorado, hereinafter refened to as the "City" or "Owned and Coril Studios , loc€led al ,413 Cape Cod
Cir, Fo.t Collins, CO 80525, hereinafrer referred to as the'Artisf.
IryITNESSETH, that the City of Wheat Ridge and lhe Artist agree as follows:
ARTICLE I - SERVICES
The Artist shall serve as the City's contractor and provide as a minimum all of the services and products
requlr€d Ior an ART INSTALLATIOI{, as per lhe attached scope of work. The Artrst will design, fabricate,
install and document the following WORK:
Tltlo: Cosecha croaied by Co/l Slualios conslBtlng of Ana llrarla Bote.o, Jodle Roth Cooper, Gollin
Parson, and Stophen Shachtman, collectively hereln lhe "A.llst," or aa lfie context roquires, th.
"Arlists."
Dimensions and modiurn: Prgci6e dimensions will be approved upon Final Design and Engineering
submission- Medium is CorTen sleel and other metals TBD.
The permanent localion for the work shall be: sculptuIal lnstallatlona ln vadoua locatlons on
Wadsworth Blvd., approvod by tho Owner pdor to ln3tallailon
The Artist shall perform all services 6nd fumish all supplies, materials and oquipment as nocessary for lhe
design, execution, fabrication, transportation and installation of the Work.
Anticipatod roquiroments for site preparation to be detemined in Artist lnstallation Plan:
a. Eleckical stuFouts by Owner per engineered lighting requiremonts
b. Owner assbtance with permitling and lane closures and kafiic control for installation
c, Owner assistance with coordlnation wilh olher tradas, conlractors, etc,
d. lnstall condete footers per engineer rpecifica(ions lo be installed by owner. This includes all footers
for th6 center ftedian piec€s and th€ north €nd sculpture in the hair-pin furn, including earth work.
1.1 Execution of the Work
a. The Artist shall complete the fabrication and installation ol the Work in substantial
conformity with lhe design as recomm6nded by the art selection committee and approv€d
by the City.
b. Prior to th6 implementiation of any changes in the Wo.k, the Artist 6hall present to th€ City
in Mitlng for furlher r€view and approval a thorough doscdption of such proposed changes.
A signilicant change is anychango affecting the scope, intent, design, color, size, material,
or localion of the work not pormittod by, o. not in substanliai conformity with, the approved
design. Signmcant changes shall also include those affecting the installation, scheduling,
sit6 preparalion, or maintenance of the Work or the concepl of the Work es represented in
lhe approved design. Following rec€ipt of the required description of lhe prcposed
change(s), the Parks and Redeation Dircctor shall detormine which changes shall be
considered "signmcant,' and relains the right lo approvo or disapprove changes suggestod
by the Artist. The Artist may implement change only with prior written agroement from the
City.
1.2
c. The City shall havs the right to roviow th6 progress of the Work at reasonabl6 times. and
with advance notice, during the fabrication lhereof.
d. The Ar{ist shall complete the Work and in6tallation thar€of by Oocemb6. 31, 2024
(the "lnstallation Date"), in accordance to Section'1.2 Deliv6ryand lnstallation below.
e. The Arlist shall provide to ihe City a wrilten plan of installalion of the Work on site. This
witten plan 6hall be provided lhirty (30) working days prior to the date of initial instiallation
r6ferenced in section 1.2(d). The written plan shall include tho following information:
Specific€tions for installation; and specifications for site preparation, including malerials
needed to site preparation or any physical alteration of the sile as contemplated by the
Artist.
f. ln the event lhat lh6 Wolk and the inslallalion aro not completed by the 31s day following
the lnstallation Dale and unles6 delay€d by rorce majeure under Article 14, the Adist shall
incur a penafty of fifteen percent (15%) of the balance stlll remaining due the Artist upon
installalion und€r this conlract. For each 31iay period that passes thereafter, without
completion and installalion of tho Work, the Artist shall incur an additional penally of fitry
percent (50%) of the remaining balance due.
g. The Artist may request an extonsion of time from the City up to thi(y (30) days before the
odginally agree+upon lnstallation Date. lf an extension is grantod, a new lnstallation Dale
shall be agreed upon in writing and the above penalty shall apply if the new completion
and lnstallation Dales are not met.
h. The City recognizes that the COVID-19 pandemic may result in shutdowns or supply chain
is6ues that may impactth€ Artisf3timeline. Such events al€ 6v6nts offorce majeure undar
Article 14. The Adist shall keep the Cily apprised of these impacts as they occur, so the
schedule can be adjusted, as needed.
Deliverv and lnstallation
a. The Artist shall notify the City in witing when tho fabrication of lhe Work is comploted, and
the Artist i9 ready to deliver lhe Work and installit at the Site.
b. The Artist shall deliver and inslall the completed Work at the Site.
c. Th€ Arlist shall be responsible Ior all expenses, labor and €quipment to prepare the site
for the timely insliailation of the Work, unless lhrough prior anangement the City agr6es to
assume responsibility for one or more of tho costs required for site preparation.
Post-lnstallation
a. Within forty-five (45) days after installation of the work, lhe Artist shall fumish the City with
the lollowing phoiographs of the Work as installod:
(i) Six (6) to twelve (12) photo6 submitted in a digitalformat.
b. The Artist shall also furnish the City with a full written narative description of the work
c. The Artist shall provide to the City, written instruclions for appropriate maint6nanc€ and
prcservation of the Work.
d. The Artist shall provide and install an rdenlification plaque for the Work. The wdtten
contents ofthe plaque shall include ths following information:
1.3
e. The plaque shall be of such medium and design as to be appropriate to lhe Wo* itssif and
the permanent locatlon oI lhe Work.
f. The plaque or an additional plaque should also contdin the narEtive presented to the Art
Selection Committee enlitled "Cosecha".
1.4 FinalAcceotance
a. Tho Artist shall advise the City In writlng when all services rcquhed including those
described in Section 1.3 (Post lnstallation) have been completed.
b. The City, or an aulhorized representalive, shall notify the Artist in writing of ;ts final
accePtance of the Woft.
c. Final accoptance shall be determined solely by lhe City and shall conslitute th€ Cily'6
acknowledgement that the Work has been completed and installed acco.ding to the terms
of this Agre€mont.
d. Title of ownership of the work shall pass to the City upon linal acceptance.
1.5 Own€rship of Documents and Models
Upon linal acceptance, all studies, dEwings, deslgns, maquettes and models propared and submattod
under this Agreement shall be roturned to the Artist and shall belong to lhe Artist €xc€pt as may b€
determined under Article 13 a-, (Termin€lion) below.
ARTICLE 2 - TER'I
The work to be performed under this Agreement shall commence upon execution by both Parties and shall
commence upon execution and t6rminat6 upon Final Acceptance, as describ€d in Afticle 3.
ARTICLE 3. PAYIiTENT ANO FEE SCHEDULE
The City shall pay the Arti6t a fix€d f€e of $475,000. which shall cohstitute full comp€nsation for al, services
and materials lo be performed and furnished by the Attisl undor this Agreement. The fee shall be paid in
the following installmonts, expressed a6 percenlages of such fixod f66, each installment lo represent full
and final nonrefundable payment for all servicos and materials provided prior to the due dato thereoi
(Titte of work)
(A!tist's Name)
(Artist' s city and Slate of residence)
a. Ten (10) perc€nt ($ 47,500.) upon execution of Agrcement
b. Forty (40) percent ($ 190,000.) upon Final Design/Engineoring Approval.
c. Thirty (30) percent ($ 142,500.) upon Mid-Point Fabdcatlon.
d. Fiv6 (5) percent ($ 23,750.) upon completion of Sculplures.
e. Five (5) percent ($ 23,750.) upon completion of lnstallation/Site Prep.
i T6n (10) percenl ($ 47,500.) upon Final Acceptanc€.
ln order lo receive all except the initial payment which will be made automalically after all parties have
siqned this contract, the A(ist shall submit a written billing or invoice to the City whon each of the last four
stages oudined above has been reached. The invoice shgll be signod by the Artist, contain photographs
documenting that the required porton of lhe Work has been completed and includ€ a signed payment
r€quest form. The Cily shall have sole responsibility for determining when th6 Work has reached a giv6n
stag6 of completion. The panies agree that no interest or other costs shall accrue on the fixed fee at any
time during the operalion of this contact.
ARTICLE 4 - II'IDEPENDET{T CONTRACTOR
A. ln performing the work under this Agreement, lhe Aflist acts as an indepondenl contraclor and is
solely responsible for necassary and adequate wo*e!'s compensation insulance, person iniury
and property damage insurance. The Artist, as an independent contractor, is obligated to pay
federal and stale income tax on monies earnsd. The personnel employed by the Arlist are not and
shall not becom€ employees, agonts or servants of the City because of the performance of any
work by this Agreement.
B- The Artist wanants that he has not employed or retained any company or person, olher than a
bonafide employee working solely for him, to solicit or socure this Agreement, and that h€ has not
paid o. agreed to pay any company or person, oth6r than bona fide employess wo*ing solely for
the Artist, any commission, percentage, brokerage fee, giits, or any other consideration, contingent
upon or resulting from the award or making of this Agreement- For breach or violation of lhls
warranty, the City will havo the right to annul this Agreem€nt without liability, or in its discretion to
deduct from the Agreement price or consideration, or otheMise re@ver lhe full amount of such fee,
commission, perc€ntage, brokerage fee. gifr, or contingent fee.
ARTICLE 5- INSURANCE
A. Minimum lnsurance Coveraoes. The Artist shall, during the tem of this Agreoment and until
completion lhereof, provide and mainbin the lollowing types and minimum lnsurance mverages
Tvoe of lnsurance
Standard Workers' Compensalion &
Llability lncluding Occupations
of Disoase Coverage for any of Artists
Comprehsnsive General Liability
lnsuranc€
Comprehonsive Auiomobile
Minimum Limits of Liabilitv
Staiutory in conformance Employers
with the compensation iaws of the State
Colorado
$250,000 each person;
$1,000,000 each occuronce
$250,000 each pe6on
Errors and Omissions (to be provlded by Afti6ts' subc.ntractor): $1,000,000 each (rccunence
the Artist shall effect th€ insurance policies in a company or companies and in a form $tisfactory
to lhe City. Beforo commencing any performance undsr lhis Agreement, Alti6t shall deliver, to lhe
City, Certificates ot lnsurance issued by the insurance company, and/or its duly authodzed agents
p€rtaining to the aforefiontion€d insuran@ and certirying that the policies stipulated above aro in
tull force rnd effecl.
C. All policios aM/or Certificates of lnsuranc€ shall includo each individual entity as an additional
insured.
D. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the City
maybe entited pursu6ntto lhe Colorado Govemmental lmmunity Act, sections 2+10-'101, C.R.S.,
as amendod.
ARTICLE 6 - INDET{NIFICATION
The Artist agrees to indemnify and to hold the City and ils agonts harmless for, from and against any and
allclaims, suils, expenses, damages or other liabililies, including reasonable attomey fees and court costs
arising out of damage or injury to persons, entities, or proporty causes or slstainod by any person or
persons as a result of the neglig€nt porformance or failure of the Mist to pmvide services pursuant to the
t6rms of thi6 Agreement.
ARNCLE 7. WARRANTIES OF OUALITY AI{D COXDITION
The Artist ropreserts and warants that
a. the Wo*, as fabdcated and install€d, willb€ fras of dofects in materialand wo*manship,
including any defects of inherent vice" or qualities which c€use or acceleEts detedoralion
of the Work; and
b. reasonable maintenance of lhe Work will not r€quire procedures substantially in excess of
lhose descdbed in the mainlenance rccommendations to be submitted by the Artist to th€
City according to Section 1 .3 (Post-lnstallation).
The warranties described in this Article 7 shall suNive for € period of three (3) years after the linal
acceptance of the Work. The City shall give notic€ to the Arlisl of any obs€rvod breach wilh reasonable
promptness. The Artist shall, at the request of the City, and at no cost to tho Cily, cure roasonably and
promptly the breach of any slch waranty, which is curable by the Artist and which cure is consistent with
profossional conservalion standards (including, for example, curc by means of rcpair or rsfabrication of the
Work).
AE!9!E-C=-EEPB99Uc EgXElsEIg
The Artist retains all rights under the Copyright Act of 1976, 17 u.S.C. s6c. 101 g!Eeg., and all other righb
in and to the Work ex€ept ownership and possession, oxcept as such rights are limited by this Section 8.1.
ln view of lhe intention lhat tho work in its linal dostination shall be unique, the Artist shall not make any
additional exact duplicate reproductions of the final Work, nor shall the Artist grant permission to others to
do so excepl with the wdtten permission of the City. The Mist grants to the City and its assigns an
irevocable license to make photographic or graphic reproductions of the work for non-commercial
purposes, including but not limiled to reproductions used in advoatising, brcchures, modia publicity and
catalogs or oth€r similar publicetionE, provided that th6se dghts arc exorcis€d in a tasteful and professional
manner, and the Artist is duly credited as per section 8.2 (Notice) belou
8.1 G6neral
8.2 Notice
All reproductions by lhe City shall contain a credit to th6 Artisi and a copyright notice substantially in the
Iollowing form: 'Copyright, (Arlist's name), date ofpublication.'
8.3 Credil lo Citv
The Arlist shall use his/her best efforts to give a credit reading substantially as "an original wo* owned and
commissioned by the City of Wheat Ridge' in a public showing under the A.tist's control of reproduclioas
ARTICLE 9. ARTIST'S RIGHTS WTH RESPECT TO THE COiIPLETED WORK
9.1 Maintonanco
The City recognizes that maintenance of the Wo* on a regular basis is essential to the integrity of the
Work. Thereforo, it has contractually agreod lo assure regular rnaintenance according to the instructions
supplied by the Artlst under Section 1-3(c) (Post-lnstallalion) and shall reasonably proteci and maintaln the
Work againsl the ravages of time, vandalism and lhe elements.
s.2 B9peir9-e!.qB99E@!iq!
a. The Cily shall consult with the Artbt as to all reasonably nocessary repalrs and restoralion,
which the City shall th€n mako. Ths costs associatod with said repaiE and restoration
(other than for wananty repairs) shall be borne by lhe City. The City shall consult wilh the
Artist as to recommendations with regard to all ropairs and r€storation made during th€
Artists lif€time. Fotlowing the demise of the Aflist, the City will f rst detormine if the Artist
assigned a director of conseruation lhrough the process of a legal will, and secondly,
(failing such provision), secure a bona-fide exporl in conservation relative to lhe scale and
media of the artwork in qu6slion. To th6 extent practrcable and in accordanco wlth
recognized principles of professional conseruation, the Artist, or his/her representative
shall be given the opportunity to accomplish such repairs and restoration and 6hall bs paid
a reasonable f€e for any such services,
b. At any point aft6r d6liv6ry and installation of tha Wo*, the Artist may inspect the Work and
shall notit lhe City in wriUng as to lhe necessity of any repahs. After consultation wlh lhe
Artist, th€ City shall rnake the fnal deiermination ofwheiher, and to what extent repairs are
n€eded,
9.3 y'Jtoration of Work
a. The City agrees that it will not consent to inteniional alteration, modmcation, change,
desfudion of or damage to the Work by the City without consulting the Mist. Artist will
aecelve $50.00 por hour for lime spent in slch consultation, aftsr receipl by lh6 City of an
itemized statement of time entry.. This stipulation includes outright removal or change in
Iocalion resulting Lom public or private opinion regarding lhe Work- The City has bound
itseif to seek consultation Irom the Artist. "Alteralion" of the Work includes, but is not limited
lo, a change in lhe interelationship or relative locatons of parts of the Wolk.
b. ln the event of any alteration ordamage, whether intentional, accidenlalthe controlofthe
Arti6t shall havg, in addition to any remedies he/sh€ may hav6 had in law or equity und6r
this cont.act, the right to disclaim authorship of the Wo*, and upofl written request of the
Artist to lhe City, the City shall remove the identificalion plaque at its own expense. The
Artist may take such other action as he/she may choose in order to disavow the Wo*.
9.4 Alteration of the Site
a. As per the stipulations in Section 9.2(a) (Alieration of the Work), the City shall noliry the
Artist of any proposed signmcant alteration of the site by lhe City that would affect the
intended character and appearance of the Work. ,he City shall consult with the tutist in
the planning and execution ofany such alteralion,
b. The City and Artist agroe to mediato any dlsagreement between the Artist and ih6 City
concoming future site development plans, with a professional modiator acceptable to both
parties. The City agrees to use its best efforts to accommodate the interest of both the
Artist and the City. lf said disagreemgnt cannot b6 resolved to the satisfaction o, the Arti6t
in mediation or otherwise, he/she may remove the identirication plaqus roforred to in
Soction 1.3 (Post-lnstallalion) and upon hisy'her writt€n r6quest the Ciiy may no longer
represent th€ Work as that of tho Artist. ln tho event such disagreement adses, and the
wntten request as provided for above is submitted and honorsd, the Artist shall not be
ontitled to any Resale Royalty as may otheMise bo du€ according to Section 9.6 (Resale
Royalty) below.
9.5 PcEalcdBcegld
Th€ City shall maintain on permanent fle a r€cord of this agreement and of the localion and disposition of
9.6 AElsls-Addless
The Arti6t shall notii/ the City of changes in his/her addros6. The fuilure to do so, if such tailure prevonts
the City from locating the Artrst, shall be deemed a walver by the Aftist of the right subsequendy to enforce
those provisions of Article I lhat roquire lhe €xpress approval of the Misl. The Cily shall make every
reasonable effort to locate the Artist when matters arise relating to the Artist's rights.
9.7 Bescle-Bgvelu
As is traditional in the arts industry, the City agrees lhat if in the future, the Work is sold dudng the lifetime
of the Artist, the City shall within thifty (30) days of that sale pay the Adist a sum squal to fifreen percent
(1 5%) of th6 appr€ciated value of the Work. For ths purposos of this agr66ment, appreciated value shail
mean the actual sale p ce recolved by the City for the Work, less the original cost to the City for Artist to
create the Work, which the Parties agree is $475,000 as 6tated in this Agreement. Nothing in this
Agreement shall be construed to imposa any obligation on the City as to the method of sale or disposal.
Upon s€le of the sculpture by the City, the City shall incur no further obligations hereunder and Arlist shall
havs no furth€r rights . For the puposss of lhis paragraph 'lifetime of lhe Artist" shall mean and refer to lhe
lifetimes of all of the Adisls, and the expiration of the lifetime of the Affst shall mean the expiration of ihe
life of the last to die of all of the Artists.
9.8 Survivino Cov€nants
The covenants and obligations set forth in this Article 9 shall be binding upon the parties, their heirs,
legatees, ex€cutors, administratoG, assigns, transf€rce and all their successors in intersst, except aB
provided in Secton 9.6, and the City's covenants do attiach afld run with the Work and shall be binding to
and until twonty years after the death of the Aflisi. The City shall give any subsequent owner ot lhe Work
notics in wdting of the covenants herein and shall cause each such owner to be bound thor€by, For the
purposes of the paragraph, "death of the Artisf sh€ll mean and rofer lo the date of death of the lasl to die
of all of the Artists.
9.9 Additional Riohts and Remedios
Nothing contained in this Article I shall be const ued as a limitation on such olher dghts and rem€dies
available to lhe Artist und€rthe law which may now or in the fufure be applicable.
@
A. The Artist shall not discriminate against any employe€ or applicanttor employment because of age,
race, color, rsrgion, sex, or national origin. The Artist shall adhere to acceplable affirmalive action
guidelines in selecting employees and shall €nsure that employees are t@ated equally during
employment, wilhout regard to their age, race, color, religion, sex, or national odgin. Such action
6hal, includ6, but not be limited to the following: employment, upgrading, demolion or transfer,
rocruitment or reduitment advertising, layof or termination, rates of pay or other brms of
compensation, and seleclion for training, including apprenticeship, The Mist agr€6s to post in
conspicuorJs daces, available to employees and applicants for employment, notices provided by
th6 local public agency setling forlh the provisions of this nondiscrimination clause.
B. The Artist will cause tho foregoing provisions to be inserted in all subcontracts tor any work covered
by this Agreem€nt so that such provisions will be binding upon 6ach subcontractor, provid€d thel
th€ forogoing provisions shall not apply to contracls or subcontracts for slandard commercial
supplies or raw matedals.
ARTICLE II - CHARTER. LAWS AT{D ORDINANCES
A. The Anist at all times during the performance of lhis Agreement, agre€s to strictly adhere to all
applicabi€ F6d6ral, State and Local laws, rules, aegulations, and ordinances thal aff€ct or gov€rn
lhe work as contemplated undga this Agreoment.
ARNCLE 12- LAW AND VENUE
Tho laws of the State of Colorado shall govorn as to the intepretation, validity, and effecl of this ,€reement.
The parties agree that exclusive venue and jurlsdiction for disputes regarding perlormance of this contract
ls with the District Court of Jefferson County, Colorado.
ARTICLE 13 - TERIiIIiIATION
The seNices to be performed under lhis AgBement may be terminated by e[6er party, subiec{ to written
notice submitted thirv (30) days before terminstion, provided that attempts to reconclle the rcason for
termination have been undertaken but failed. The notice shall speciry whelher lhe tormination is for
convenienc€ or cause.
a.lf either party to thi6 agregment shallwillfully or negligen{y failb fumll in a timelyand proper
mannea, or otheMise violate any of the covenants, agreements or stipulatons materialto
this Agreement, the olher party shall thereupon have the dght to t€minate this Agreement
by giving writlen notice to the defaulting part of its int€nt to terminate specilying the gaounds
for temination. The defaulting party shall have thirty (30) days affer receipt of tho notic€
to cure the default. lf it is not cured, lhen, this Agreement shall teminate. ln the event of
defaull by the City, the City shall prompty componsate the Artist for all services performed
by the Artrst prior to temination. ln the €v6nt of defBult by tha Artist, all finished and
uninishod drawings, sketches, photographs and olher work products p.eparod and
submitted or prepared for slbmission by the Artist under this Agreement shall at the City's
option become ils prop€rty, provided that no dght to ,abdcalo or execute the Work shall
pass to lhe City, and the City shall compensate the Arlist pursuant to Aticle 2
(Compensation and Payment Schedule) for all services psrfom€d by the Attist prio. to
termination. Notwithstanding lhe prevlous 56ntence, the Arlist shall nol bg relieved of
liability to the City for damages sustained by lhe City by virtue of any breach of this
Agreement by lh6 Arlist, and the City may reasonably withhold payments to the Artist until
such time as the exact anount ofsuch damages due the City from the Artist !s determined.
lf such termination is for lhe convoni€nce of the City, the Mist shall have the right to an
equrtable adjustment :n the fee (without ellowance fo. anticipated prcfit or unperformed
service6), in which event the City shall have the right at ib discretron to possession and
transfer of title to the sketches, designs and modols already prcparod and submitted or
prepared for submission to the City by the Allist under this Agreement p or to lhe dato of
lemination, provided that no roht to fabricate or execute the Work shall pass to the City.
lf such termin€lion is for tho convenience of the Artist, the Artist shall remit to the Clty a
sum equal to all payments (if any) made 1o the Artist pursuant to this Agreement p.ior to
termination,
b.
d. All work accomplish€d by th6 Aatist prior to the dat6 of slch termination, shall b€ r€corded
and langible work documenls shall be transfered to and become the sote property of the
City prior lo paymant for setuices rendered.
ARTICLE 14. FORCE }IAJEURE
Neither party will be liable or responsible for any delay or failure in performance if such delay or faiture is
caused in whole or in part Forc6 Majeure. Force l\,lajeure means delays r€sulling from causes beyond ih6
reasonable control of the either party, includjng wilhoul limitation, acts of God, any delay caused by any
aclon or inaction, order, ruling, mo.atorium, regulalion, strafute, condition or other decision of any
governmental or quasi-governmental agency or 6n1ity having regulatory jurisdiction over any portion of the
Work, orby delays caus€d by any action, inaction, condition orolherdecision by any utility company, orby
fire, casualty, flood, adverse weather conditions such as, by way of illustration and no limitetion, wind, snow
storms which prevent outdoor work trom being accomplished, sevete rain storms or below lreezing
temperatures of abnormal degree or for an abnormal duration, tomadoes, earlhquakes, floods, strikes,
Iockouts or olher labor or industrial disturbance civil disturbance, order of any government, court or
regulatory body claiming jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage,
embargo, inability to secure materials or labor due to regional or national shortages (including labor and
materials shorlages caused by national weather or other nalional events), or ottter natural or civil disaster
delays caused by any dispule resoli.rtion process, or any delays by injunctions o.lawsuils concerning the
ARTICLE 15 - I{OTICES
Notlce or communicatlon given pursuant to this Agreement shall be mad€ in writing to:
For the Wheat Ridge P..k3 & Rec: Karen A. O'Donnell
4005 Kipling Street
Copy to Clty of Wheat Ridg6
For the Artbt:
Wheat Ridge, CO 80033
Phone (303) 231-1308
Bud Starker
7500 West 29th Avenuo
Wheat Ridge, CO 80033
(303) 23+5900
Cor4 Studios
'1413 Cape Cod Gir
Fort Collins, CO 80525
Phone: (585) 313-1437
ARTICLE l6 - ASSIGN ENT At{D SUBCOI'ITRACTORS
The duties and obligations ofthe Artist aising hereundercannot be assigned, delegated, nor subcontracted
excopt with the express written consont oI lhe Cdy. The subcontractors pomitled by the City shall be
subject to the r€quir€ments of this Agreemont, and th6 Aftist is responsible for atl subcontracting
arangemenls and the delivery of services as sel forth in this Agreement. The Artist shatt be aesponsible
for the performanc6 of any sub{onlractor,
ARTICLE ',7 - SEVERABILITY
To the extent that the Agreement may bs oxecuted and performancB of the obligatioB of the parties may
be accomplished within lhe intent of the Agreement, tha t6rms of this Agreement are severable, and shoutd
any term or provlsioh hereof be declared invalid or become inoperative for any reason, such invalidity or
failur€ shall not atrect th€ validity of any other t€rm o. provision hereof. The waivor of any breach of a lerm
hereof shall not be constuod as a waivet of any other term, or the same term upon subsequent breach.
ARTICLE 18-INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Artist.
ARTICLE 19-AUTHORIZATION
Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) originals, each of which shall be deemed an original on the date first written above.
OWNER: CITY OF WHEAT RIDGE
Bud Starker, Mayor
Date: ___________ _
ATTEST:
Steve Kirkpatrick, City Clerk
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
Stephen Shachtman, Primary
Date: X /:} 9 /;2 �
10
April 10, 2023