HomeMy WebLinkAbout103285 ACOUSTICS INTERIORS - CONTRACT - BID - 5668 2201835 AIRPARKSERVICES 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
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PRODUCER (970)223-0924 FAX
(9r0223-7438
Community First Insurance Agencies, Inc. =ALTER
1075 W Horsetooth Rd, Ste 100
Fort Collins, CO 80526
INSURERA:
4168 Vista Lake Dr INSURER B:
Ft Collins, CO 80524 INSURER c:
INSURER D:
INSURER E:
IRFC
NO RIGHTS UPON THE
INSURERS AFFORDING COVERAGE
DATE (MWDDNY)
ND OR
BELOW.
THE POLICIES OF INSURANCE LIS7E0 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENOTWITHSTA
NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED TA
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFOR
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUCH
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LTRrCLAIMS
SURANCE
GENERAL L BILITV
POLICY NUMBER
PA7S36421
DATE AE DD/YY)
07/01/2001
DATE (MMMD/YY)
07/01/2002
LIMITS
RENCE
$ 1,000, DOD
ADE O pCCUR
(Any one (re)
8 100, 000
one Person)
$A 10,000ADV
INJURY
MRAG
$ 1, 000, OOGREGATE
LIMIT APPLIES PER:
$ 2 , OOO, OOO
OMP/OPAGG
$ 2,000,000
PRO-
POLICY JECT LOC
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOSryy
CPA7536421
07/01/2001
07/01/2002
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,00
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BODILY INJURY
(Per person)
$
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HIRED AUTOS
HIRED AUTOS
BODILY INJURY
(Par accident)
$
NON -OWNED AUTOS
MAR 2 ]
002
PROPERTY DAMAGE
(Per accident)
$
GAR AGE LIABILITY
ANY AUTO
RISK MANAGEIV(ENT
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY: qGG
$
$
A
EXCESS LIABILITY
TOCCUR ❑ CLAIMS MADE
07536422
07/01/2001
07/01/2002
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
$
DEDUCTIBLE
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORV LIMITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The Certificate Holder is named as additional insured as their interest may appear
s respects ongoing operations.
e: Bid 5668 Acoustical Ceiling at Airpark Annex
r.Fa clr-ATc um nlPo I . ----------- --------- -------- .,... _..._._.. _
City of Fort Collins
City's Director of Purchasing & Risk Mngmnt
Po Box S80
Fort Collins, CO 80522-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. RR AccurR nP Pceecec.,+ ...«
Adminis dive Services
Purchasing Division
February 25, 2002
Acoustics and Interiors, Inc.
4168 Vista Lake Dr.
Ft. Collins, CO 80524
Re: Bid 5668 Acoustical Ceiling at Airpark Annex
I have enclosed 3 copies of documents regarding the above captioned matter. Please sign the
three (3) copies, and return all copies to me along with a current copy of your insurance. After
the signatures have been obtained, a copy of the agreement will be sent to you.
Please contact John Stephen, CPPB, Senior Buyer, 970-221-6777, if you have questions.
Sincerely,
9Ja es B. O'Neill II, CPPO, FNIGP
ector of Purchasing and Risk Management
enc
JBO/jbe
215 North Mason Street • 2nd Floor • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
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
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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
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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.
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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: 1�47 J II'[
Jam s B O'Neill II, CPPO, FNIGP
Dire for of Purchasing and Risk Management
Date:_ 3/ l w I D
Acoustics and Interiors, Inc.
By:
PRINT NAME
''�¢eewE�tT
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3/710Z
(Corporate Seal)
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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 mo d of latex acrylic sealant to completely seal joint
> M between edge molding and wall. Where wa r 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