City Council Agenda and Packet 2024 01 02

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PUBLIC ART COMMISSION AGREEMENT BY AND BETWEEN THE CITY OF LOUISVILLE AND ARABELLA TATTERSHALL & RITA VALI 1.0 PARTIES This PUBLIC ART COMMISSION AGREEMENT (this "Agreement°) is made and entered into this 11th day of April, 2022 (the "Effective Date"), by and between the City of Louisville, a Colorado home rule municipal corporation, hereinafter referred to as the "City", and Rita Vail and Arabella Tattershall, hereinafter referred to as the "Artist". 2.0 RECITALS AND PURPOSE 2.1 The City desires to commission Artist for the purpose of creating, shipping, and installing the artwork described and depicted in the Scope of Work (hereinafter referred to as the "Work"). 2.2 Artist represents that Artist has the special expertise, qualifications and background necessary to complete the Work. 3.0 SCOPE OF SERVICES & PROJECT COMPLETION 3.1 Artist agrees to provide the City with the Work and to perform the specific tasks, duties and responsibilities set forth in Scope of Work attached hereto as Exhibit "A" and incorporated herein by reference. Artist shall furnish all tools, labor, materials, and supplies in such quantities and of the proper quality as are necessary to professionally and timely perform the Work. All supplies and materials to be integrated into the Work, including any footer, base, or concrete pad needed to support the Work shall be furnished by the Artist. Artist acknowledges that this Agreement does not grant any exclusive privilege or right to supply Work to the City. 3.2 The Work shall be fully installed and completed by Artist by November 30, 2023, unless delays are caused by the City or by events beyond the control of both parties. Any extensions of time must be agreed to in writing by both parties. Artist must notify the City when the Work 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 (i) the City agrees that the Work is fully installed and is complete consistent with the terms of this Agreement, and the City formally accepts the Work as completed; or (ii) the City does not consider the Work to be completed due to unresolved issues or defects that remain, and describing the outstanding issues or defects and the time frame in which the Artist must cure before the City will issue written final acceptance. The Project is not finally complete for purposes of this Agreement until the City has issued final acceptance and made the Final Payment (defined below). 4.0 COMPENSATION AND PROGRESS REPORTS 4.1 The City shall pay Artist for the Work a total not to exceed the amounts set forth in Exhibit "A° attached hereto and incorporated herein by this reference ("Maximum Contract Amount"); provided that, if the Artist's Wks for crating and shipping exceed the estimated cost set forth in Exhibit "A," Artist shall be entitled to an equitable adjustment in the Maximum Contract Price with the approval of the appropriate City employee or officer in accordance with the 14