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HomeMy WebLinkAbout151325 TERRY PALMER STAGE SERVICES - CONTRACT - BID - 31705 6073 NORTHSIDE AZTLAN PA SOUND SYSTEMSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year setforth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Terry Palmer Stage Services, hereinafter referred to as "Service Provider" W ITNESSETH_ 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 Three (3) pages and incorporated herein by this reference 2 Contract Period The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement Services shall be completed no later than February 15, 2008 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 under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses rev06/07 2 Stand Alone Sound System (Includes the following rooms) ACTIVITY ROOM A ,B ,C The following equipment is needed QUAM- 18 EA FULL RANGE HEAVY DUTY COMMERCIAL SPEAKERS WITH WHITE GRILL,CEILING BACKBOX,CEILING SUPPORT,10 WATT TRANSFORMERS 18SSB-SPEAKER SUPPORT BRIDGES 18-ERD-8- BACKBOX ENCLOSURES 3-QC 100 ATTENUATORS/ VOLUME CONTROLS 3- SINGLE MIC JACKS FEMALE, W/ STAINLESS PLATE 75 WATT VOLUME CONTROL IN EACH ROOM COMING FROM AMP RACK WIRE - as needed MID ATLANTIC- 1 -EWR-1 6-17SD RACK 1-PD-915R PWR COND 1-UD3 DRAWER 1-1-13 RACK SHELF 1-SB3 BLANK PANEL 1-SB2 BLANK PANEL PEAVEY COMMERCIAL 1-PLZ 140 R MIXER AMP JVC-COMBO CD/CASSETTE PLAYER AUDIO TECHNICA- WIRELESS HANDHELD MIC-ATW-702 3. Stand Alone Sound System (Includes the following rooms) Aerobics Room and Dance Room The following equipment is needed, MID ATLANTIC 2-EWR-16-17SD RACK 2-PD-915R PWR COND 2-UD3 DRAWER 2-U3 RACK SHELF 4-SB 3 BLANK PANEL 2-UTR1 RK SHELF PEAVEY COMMERCIAL 2-SMR-821 EIGHT CH MXR 2-IPA 300T POWER AMP AUDIO TECHNICA 2- ATW-701/H-HEADWORN WIRELESS MIC JVC 2-CD PLAYER/CASSETTE COMBO 4-BEHRINGER-B-12 FULL RANGE SPEAKER WITH 12" WOOFER CUSTOM FABRICATED SECURITY BRACKET MOUNT BOTTOM 72" AFF WIRE - as needed rev06/07 10 EXHIBIT B 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 Workers' Compensation insurance with statutory limits as required by Colorado law 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 rev06/07 11 city. City of Fort Collins, Attn Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider Terry Palmer Stage: Services Attn Terry Palmer 7429 West County Road 12 Loveland, CO 80537 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, perthe attached Exhibit "A", 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 consent of the City rev06107 2 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 1 Warrantv (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) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where; not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship 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 nonamformances, the affected item or part thereof shall be redesigned, repaired or 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 rev06/07 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 B, 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 fronn 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/5everability 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 I Agreement shall bel held invalid or unenforceable by any court of competent jurisdiction, such rev06107 4 holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Prohibition Against Employing 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 and 1 Contractor does not knowingly employ or contract with an illegal alien, 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 confirm the employment eligibility of all newly hired employees - — -- - b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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 lob applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work rev06/07 5 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 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 rev06/07 CITY OF FORT COLLINS, COLORADO a municipal corporation B, Jarits B O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date I D Terry Palmer Stage Services � By I Q-v' PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date /2 /%7Z07 ATTEST (C�e Seal) CORPORATE SECRETARY rev06/07 EXHIBIT A BID SCHEDULE BID PROPOSAL BID 6073 NORTHSIDE AZTLAN PA/SOUND SYSTEM BID OPENING: December 12, 2007, 3:00p.m., (ourclock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS! REQUIREMENTS FOR NORTH SIDE AZTLAN PA/SOUND SYSTEM PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS AND DRAWINGS. ' The City of Port Colima' 1%mqua:ntng bids for supply and Installation of a PA/Sound system to the new Northside AzIlon Rocreation Facility located at 112 E. Willow, Ft. Collins Colorado. Th1s is a turn key operation and work must be completed bypecembqr28L.20 M. Please provide cost per area, total price, guaranteed delivery data, and all warranty information A pre-btd meeting will behold at rho site on November 21, 2007 at 10:00 em. Bid Schedule Our firm will provide and Install equipment per specification for a turn key system TOT L COST 1. Buliding Paging System 2. Stand Alone Sound System Activity Room A, B, C• 6� 6 0 0- U 0 3.Stand Alone Sound System (includes the following rooms) Fitness Center, Aerobics Room dunce Room t�7.S /� �y , p 0 and GRAND TOTAL 'y y + O FIRMNAMB 7-&I Li r tlM+,r 5+aaC (50)t plra r`. t") Are you a Corporation, Partnership, DBA, LLC, or PC BY:-Tecv'IF.i'a_LMt� Signature 1 �} ADDRESS % y 2 q W e i o ia, ) PHONFJFAx# •�o-537 770 EMAIL' t'PSS 65C7 rev06/07 SPECIFICATION FOR NORTHSIDE AZTLAN PA/SOUND SYSTEM ALL EQUIPMENT MUST BE MINIMUM FULL GRADE COMMERCIAL OR BETTER AS LISTED AND THE CITY PREFERS TO HAVE THE NAME BRAND EQUIPMENT AS LISTED UPON REQUEST A FULL SPECIFICATIONS SHEET MUST BE SUBMITTED FOR EACH ITEM THE CITY OF FORT COLLINS RESERVES THE SOLE RIGHT TO DETERMINE IF THE BID MEETS OUR SPECIFICATIONS 1. Budding Paging System (Includes the following rooms) Lobby, office, gyms, men's and women's locker rooms, lounge, fitness center, aerobics room, dance room, and activity rooms A B , & C The following equipment is needed, MID ATLANTIC 1-EWR-16-17SD RACK 1-PD-195PWR COND 1-UD3 DRAWER 1-SB3 BLANK PANEL PEAVEY COMMERCIAL 1-PLZ 140 R MIXER AMP 1-IPA 300T POWER AMP SHURE-550 L DESK MT PAGING MIC JVC- DISK CD PLAYER JVC-AM FM RECIEVER QUAM- 25- C10X/B70/WS- 8" 10 OZ SPKR W/ 70 VOLT TRANSFORMER/ROUND BAFFLE W/ UNIVERSAL VOLUME CONTROL 25-SSB-2- SPEAKER SUPPORT BRIDGE 25-ERD-8- BACKBOX ENCLOSURES 7- QH32T- PAGING HORN LOUDSPEAKERS WIRE - as necessary 1- SINGLE MIC RECEPTACLE QUAM - 9 FULL RANGE HEAVY DUTY COMMERCIAL SPEAKERS WITH WHITE GRILL, CEILING BACKBOX, CEILING SUPPORT, 5 WATT TRANSFORMER QUAM- 1 PAGING'SPEAKER QUAM 32 WATT PAGING HORN QUAM- 6 PAGING'SPEAKERS 32 WATT PAGING HORN QUAM- 2 FULL HEAVY DUTY COMMERCIAL SPEAKERS WITH WHITE GRILL, CEILING BACKBOX, CEILING SUPPORT, 5 WATT TRANSFORMER, 1 PER LOCKER ROOM QUAM- 5 FULL RANGE HEAVY DUTY COMMERCIAL SPEAKERS WITH WHITE GRILL,CEILING BACKBOX,CEILING SUPPORT,5 WATT TRANSFORMER QUAM- 9 FULL RANGE HEAVY DUTY COMMERCIAL SPEAKERS WITH WHITE GRILL,CEILING BACKBOX,CEILING SUPPORT,5 WATT TRANSFORMER rev06/07 9