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HomeMy WebLinkAbout118142 NORCOSTCO INC - CONTRACT - BID - 6028 MINI THEATRE STAGE DIMMING EQUIPMENTSERVICES AGREEMENT THIS AGREEMENT 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 Norcostco, Inc. hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Work must be completed between June 25, 2007 and July 31, 2007. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. 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 Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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 Service Provider. 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 underthis Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: rev 09/01/06 From: Kelsey Libby At: Twin City Group FaxlD: Twin City Group To: John Duff Date: 3182007 11:50 AM Page: 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM(DD/YYYY) NORCO-1 03/08/07 PRODUCER 1. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Twin City Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4500 Park Glen Road, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis MN 55416 Phone:952-924-6900 Fax:952-925-0631 INSURERS AFFORDING COVERAGE NAIC# Norcostco Inc Jack Grocholski 825 Rhode Island Ave S Golden Valley MN 55426 L UIVCKAUCS INSURER A One Beacon I INSURER B. The Hartford INSURER C. INSURER D. INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE (MWDDNY) DATE (MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 7140073790000 12/15/06 12/15/07 PREMISES(Eaoccureme) $1,000,000 VIED EXP (Any one person) $ 10 , 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2 , 000 , 000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO s2,000,000 POLICY JECT LOC Emp Ben. lmil/2mil AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per ecciderd) $ PROPERTY DAMAGE (Per acadent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO THAN EA ACC $ AUTOON AUTO ONLY. AGO $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ $2 , 000 , 000 A X OCCUR CLAIMS MADE 7140073790000 12/15/06 12/15/07 AGGREGATE $$2,000,000 RDEDUCTIBLE $ X RETENTION $None $ B WORKERS COMPENSATION AND EMPLOYERS'LIABPAR ANY PROPRIETOR/PARTNER/EXECUiIVE 41NEQNE4222 12/31/06 12/31/07 X TO11 RY LIMITS ER E.L. EACH ACCIDENT _ $1000000 OFFICER/MEMBER EXCLUDED? If yes, describe under EL DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE -POLICY LIMIT $1000000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Fort Collions is listed as additional insured as their interests may appear. City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Norcostco, Inc. Attn: Ian Floyd 4395 Broadway Denver, CO 80216 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Thirty Nine Thousand Four Hundred One Dollars and Seventy One Cents ($39,401.79) in accordance with Exhibit B consisting of one (1) page, and incorporated herein by this reference. 6. 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. 7. Independent Service provider. The services to be performed by Service Provider 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 Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written rev 09/01 /06 2 consent of the City. 9. 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. 10. Warranty. a. Service Provider 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. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. C. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected good shall be replaced by Service Provider in a manner and at a time acceptable to City. 11. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 himself 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 attorney fees and costs incurred because of the default. rev 09/01/06 3 13. Binding Effect. This writing, together with the exhibits hereto, 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. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. 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 rev 09/01/06 4 holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Emplovino Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. rev 09/01/06 F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. CITY OF FORT COLLINS, COLORADO a municipal corporation Jamo V. O'Neill II, CPPO, FNIGP DirecV of Purchasing and Risk Management Date:u�22� Norcostco, Inc. PRINT NAME ecxzo CORPORATE PRESIDENT OR VICE PRESIDENT Date: b M.vrcb• 1,M-1 VTt (Corporate Sea[) CORPORATE SECRETARY 6 rev 09/01/06 EXHIBIT A SPECIFICATIONS Mini -Theatre Stage Dimming Equipment All Equipment to be manufactured by S.S.R.C. & Electronic Theatre Controls, {ETC}, supplied and supported by the awarded vendor. No Substitutions will be allowed. 1 ETC SR48+ Sensor Dimming Rack with CEM+ processor 48 ETC D20 Dual Dimmer Modules 2.4kw 4 Vibration Isolation Pads 1 Sound Suppression Hood for Dimmer Rack 1 SNIU — Sensor Network Interface 1 ER-4 Architectural Control processor rack — 3 space rack 1 Architectural Control processor 1 space 2 Blank filler modules for ER-4 1 space each ETC Expression 3-400 Control Console 1 Dust Cover for Console 2 17" LCD Monitors 1 RFU Plug-in Station 1 RFU & DMX-in plug-in station 2 4-button, 7 Slider Station 6 SSRC outlet boxes with 4 —18" pigtails w/ 3 pin connectors Vendor must supply and include in the lump sum: • 8 sets of submittal drawings • System Commissioning of Dimming System • Low Voltage terminations of all new stations • Energization of dimming system • Configuration of system software • Training of up to 4 hours at the time of commissioning 7 rev 09/01/06 EXHIBIT B 'BID PROPOSAL WE HEREBY ENTER OUR END FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR MINI -THEATRE STAGE DWING ECKJIP TENT PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fart Collins Lincoln Center is requesting bids to supply and install theatre stage dimming equipment located at 417 West Magnolia, Ft CoINns per the attached specifications. The City will supply electrical except for low voltage. This will be a turn -key project and must be Installed between June 26, 2007 and July 6. 2007. The successful bidder must enter into the attached seniloes agreement (sample) and supply proof of insurance "Exhibit W as requested. Any technical questions should be directed to Jon Whatley, Project Manager at (970) 416. 2758. Any Purchasing questions should be directed to John Stephen, CPPO, CPPB, Senior Buyer at (974) 221-6777. A pre -bid meeting v41 be held at the site on January 24, 2007 at 10:00 am. Bid Schedule Lump suer Firm Narr rift Addnma Pho mff a x 39,1- (.7- 0 -0C) S 4 'VA. <3, or_�, - 66 - 06' E-IlAaiil Address rev osrovos EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. rev 09/01/06