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HomeMy WebLinkAboutBID - 5668 2201835 ACOUSTICAL CEILING AIRPARK (2)SERVICES 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 Acoustics and Interiors, 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 three (3) pages, and drawings A2, A3, and A3-a, 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. Services shall be completed no later than April 15, 2002. 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 SA 10/01 1 Dec 12 01 11:57a ci' of ft collins Dec.12. 2001 10:09AM ALLER LINGLE ARCH i I � IN I \� A I I � I I I � to I 0` n'4' AM. 970 6-2729 No 8289 P. 212 p.2 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Acoustics and Interiors, Inc. 4168 Vista Lake Dr. Ft. Collins, CO 80524 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 Four Thousand Eight Hundred Fifty Dollars ($4,850.00). 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 SA 10/01 K neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written 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) 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 nonconformances, 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 of ten (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 SA 10/01 3 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. 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) pages, 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. SA 10/01 4 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 holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Acoustics and Interiors, Inc. PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 10/01 J EXHIBIT B INSURANCE REQUIREMENTS 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. 09/12/01 EXHIBIT A SPECIFICATION FOR ACOUSTICAL CEILINGS AIRPARK ANNEX PART 1 —GENERAL 1.01 SUMMARY A. Section Includes: 1. Suspended acoustical grid. 2. Lay -in panels. 1.02 REFERENCES A. Reference Standards, see Section 01423. Comply with: 1. ASTM C635 — Metal Suspension Systems for Acoustical Tile and Lay -in Panel Ceilings. 2. ASTM C636 — Installation of Metal Ceiling Suspension Systems for Acoustical Tile and Lay -In Panels. 1.03 SYSTEM DESCRIPTION A. Performance Requirements: 1. Acoustical: a. Lay -in panels shall have a minimum noise reduction coefficient (NRC) as Indicated in Article 2.01. b. The completed suspended acoustical grid ceiling system shall have a sound Transmission class (STC) rating as indicated in Article 2.01. 2. Fire: Fire rating not required. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's catalog data indicating all systems proposed for installation. B. Samples: Submit samples of each type of lay -in panel and ceiling grid meeting the requirements of this specification to the Architect. 1.05 DELIVERY, STORAGE AND HANDLING A. Deliver in manufacturer's original unopened containers and store in a clean, dry area until ready for use. 1.06 PROJECT CONDITIONS A. Environmental Requirements: 1. Do not install acoustical ceilings until dust generating activities are completed, wet work has dried and overhead mechanical work is completed. 2. Maintain minimum of 60 degrees F during and after installation of acoustical ceilings. 1.07 MAINTENANCE A. Extra Materials: Provide Owner with 1 % of gross area installed, maximum of two cases, of each type of ceiling panel used. PART 2 — PRODUCTS 2.01 ACOUSTICAL PANELS A. Manufacturers: 1. Armstrong World Industries. 2. BPB Celotex 3. USG Interiors, Inc. B. Acoustical Lay -In Panels: ASTM E1264, Type III. 1. Manufacturer and Type: Armstrong Fissured Minaboard, square edge. 2. Size: 5/8" x 2'-0" x 4'-0". 3. NCR: 0.55. 4. CAC: Minimum 35. 5. Color: White. 6. Fire Resistance: Class A. 2.02 SUSPENSION SYSTEMS A. Manufacturers: 1. Armstrong 2. Chicago Metallic Corporation 3. Donn/USG B. Suspension Systems: 1. System: Armstrong Prelude XL. a. Width: 15/16 inch, exposed. b. Color: White. 2. Edge Molding: Standard with specified grid system, color to match grid. PART 3 — EXECUTION 3.01 INSTALLATION OF SUSPENSION SYSTEMS A. General: Install suspension systems in accordance with ASTM C636 and manufacturers recommendations. 1. Install metal edge molding whenever the suspended grid abuts walls, columns and other vertical surfaces. 2. Frame around openings as required. 3. Suspend grid with hanger wires from structure above. Install hanger wires at all four corners of lay -in light fixtures and as required to provide maximum deflection of 1/360 of span and level within 1/8" in 12'. B. Exposed Grid Suspension System: 1. Install main T-runner on 48" centers. 2. To complete a 24" x 48" grid, install 48" cross T-splines 24" o.c. at right angles to main T-runners. 3. Lock T-spline intersecting moldings in place. All main T-runners and cross T- splines shall be straight in alignment and flush at intersections. 4. Avoid use of less than half width units at borders. 5. Install edge molding at all intersections with dissimilar vertical surfaces. End joints for edge moldings shall occur only at T-runners or Cross T-splines and shall have riveted connections. 6. Set edge moldings in thin bed of latex acrylic sealant to completely seal joint between edge molding and wall. Where wall irregularities occur, shim edge molding to a straight line. C. Reflected Ceiling Plan: Follow reflected ceiling plan on drawings in layout of grid. Any deviation must be accepted by Project Manager. 3.02 INSTALLATION OF LAY -IN PANELS A. Panels: Install panels in accordance with manufacturer's recommendations. Where required, cut units to fit. 1. Lay -In Panels: a. Install panels flush in grid. 3.03 FINAL APPEARANCE A. Panels: On completion, acoustical panels shall be free from defects, clean and lying flat in metal grid. Remove and replace dirty, defaced, scarred or otherwise defective panels. Touch up of scarred panels not acceptable. END OF SECTION