HomeMy WebLinkAbout103285 ACOUSTICS INTERIORS - CONTRACT - BID - 5668 2201835 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".
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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Armstrong Ceilings & Wall Systems: Mineral Fiber Ceilings and Wall Panels - Type 2 Page 2 of
CHEMICAL OR PRODUCT FAMILY: Mineral Wool Fiber
II - INGREDIENT INFORMATION:
Hazardous Components
(Chemical Identity:
C.A.S.
Common Name)
No.
%
OSHA PEL
ACGIH TLV
Nuisance Resp:
Nuisance
Total:
Mineral Wool Fiber
N/A
1-60
5 mg/m3
10 mg/m3
Fibrous Glass
65997-
5
5 mg/m3
10 mg/m3
17-3
as respirable
crystalline silica:
Hydrous Aluminum
14808-
15-
0.1 mg/m3
0.1 mg/m3
Silicate
60-7
25
These product formulations do not contain asbestos.
III - PHYSICAL DATA
A. Appearance and Color: Gray, pressed fibrous panel of various colors
B. Boiling Point (degrees F): N/A
C. Vapor Pressure (mm Hg 20 degrees C): N/A'
D. Vapor Density (Air = 1): N/A
E. Solubility in Water: N/A
F. Specific Gravity (H2O = 1): N/A
G. Percent Volatile by Weight (30 min. Q 275 degrees F): N/A
H. Evaporation Rate (Butyl Acetate = 1): N/A
I. pH: N/A
IV - FIRE AND EXPLOSION DATA
A. Flash Point: N/A
B. Flammable Limits: LEL = N/A; UEL = WA
C. Extinguishing Media: Water fog, dry chemical ABC rated
D. Special Fire Fighting Procedures: None
E. Unusual Fire and Explosion Hazards: None
V- HEALTH DATA
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A. Primary Route(s) of Entry: Inhalation, skin, and eye contact
B. Target Organs: Lungs, skin, and eyes
C. Effects of Overexposure:
Acute Health Effects: Materials are a transient mechanical irritant to
the skin, eyes and upper respiratory system. Refer to special
protection information for handling instructions.
Chronic Health Effects: Recent U.S., Canadian and European studies
of almost 27,000 production workers (1930's to 198(Ys) found a slight
increase in the incidence of lung cancer among those workers
employed in the Industry 30+ years ago. Much of this apparent
increase can be explained by the differences in conditions and
materials used in mineral wool production plants then versus now.
Workers from more recent periods have shown no significant increase
in disease from mineral wool exposure. Animal Inhalation studies also
show no development of disease from breathing high concentrations
of mineral wool fiber. Based on the limited evidence from the human
studies, IARC (International Agency for Research on Cancer) has
recommended a 2B classification of mineral wool as possibly
carcinogenic to humans.
Long term exposure to crystalline silica dust in concentrations higher
than the recommended PEL or TLV may cause silicosis. IARC has
recommended a 2A classification of crystalline silica as probably
carcinogenic to humans.
D. Carcinogenicity:
NTP: Yes
IARC Monographs: Yes
OSHA Regulated: No
E. Medical Conditions Generally Aggravated by Exposure: Any condition
generally aggravated by respiratory and mechanical Irritants in the air
or on the skin. Pre-existing upper respiratory and lung disease such
as, but not limited to bronchitis, emphysema, and asthma.
F. First Aid Procedures:
Inhalation: N/A
Skin: Wash with mild soap and running water.
Eyes: Flush with flowing water for at least 15 minutes and if
symptoms persist, seek immediate medical attention.
VI - REACTIVITY DATA
A. Stability: Material is stable
B. Incompatibility: N/K
C. Hazardous Decomposition Products: Carbon dioxide, and other trace
pyrolysis products typical of decomposition of any organic chemical.
D. Hazardous Polymerization: N/A
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VII - SPILL OR LEAK PROCEDURES
A. Steps to be taken if material is released or spilled: WA
B. Waste Disposal Method: Dispose in accordance with federal, state,
and local regulations. The primary method of disposal is in a
municipal or industrial landfill.
VII - SPECIAL PROTECTION INFORMATION
Install in well ventilated areas and avoid breathing dust.
Wear loose, comfortable clothing and long-sleeved shirts to minimize skin
contact with these materials.
Handle these materials carefully to minimize airborne dust.
If high dust levels are anticipated during installation, such as with the use of
power tools, use the appropriate NIOSH approved dust respirator.
All power cutting tools must be equipped with dust collectors.
After using these materials, wash with warm water and mild soap. Do not
scratch or rub skin if it becomes irritated.
Wash work clothes separately, and then rinse the washer.
WORK SITE ENVIRONMENT: Initially there may be a potential adverse
impact on indoor air quality within the general work area during the
installation process. Therefore you should advise the building manager or
other appropriate person that: It will be necessary to establish and maintain
adequate ventilation of the work area, without causing the entry of
contaminants to other parts of building; and Persons who are sensitive to
odors and/or chemicals should be advised to avoid the work area during this
process.
The content of this document is the property of Armstrong World Industries,
Inc. This MSDS was published remotely. The current MSDS published by
Armstrong World Industries is controlling in case of variance
`The information presented herein is supplied as a guide to those who
handle or use these products. Safe work practices must be employed when
working with any materials. It is Important that the end user makes a
determination regarding the adequacy of the safety procedures employed
during the use of these products.
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Acoustics & Interiors, Inc.
ACKNOWLEDGMENT OF RECEIVING COMPANY
"FALL PROTECTION SAFETY PROGRAM"
I HAVE READ AND UNDERSTAND ACOUSTICS & INTERIORS, INC. FALL
PROTECTION SAFETY PROGRAM AND AGREE TO ABIDE BY ITS TERMS AND
CONDITIONS.
EMPLOYEE NAME (print):
EMPLOYEE SIGNATUTRE:
DATE:
20
Acoustics & Interiors, Inc.
OSHA NEW FALL PROTECTION STANDARD FOR
THE CONSTRUCTION INDUSTRY - Subpart M
Training Session Test
Date:
Please circle the correct response:
1) Protection by means of guard rail system, safety net, or personal fall arrest system is needed
for employees working at 6-feet or more above a lower level in a number of situations such as
unprotected sides and edges. TRUE FALSE
2) Excavations do not have to be protected if they are not easily seen.
TRUE FALSE
3) When steel cable is used as a guardrail system, there must be flagging tape at no more than 6
feet intervals.
TRUE FALSE
4) All employees who might be exposed to fill hazards must be trained by their employer.
TRUE FALSE
5) An opening on a mezzanine metal deck that is 4 inches wide by 4 inches long does not have
to be covered if all employees working in the area are informed of the location of the opening.
TRUE FALSE
6) The Competent Person in charge of a Safety Monitoring System can do other work while
conducting their monitoring duties. TRUE FALSE
7) A guardrail System has a toprail positioned at a distance between 39 and 45 inches from the
working or working surface, and a midrail and toeboard.
TRUE FALSE
8) Body harnesses have been required for fall protection after January 1, 1998. This is because
safety belts are not allowed as fall arrest devices.
TRUE FALSE
9) A Control Access Zone is an area through which all employees at a construction site can walk.
TRUE FALSE
10) Employees working on scaffolds, or a ladder, or conducting a pre -construction inspection are
exempt from the OSHA Fall Protection Standard for the Construction Industry.
TRUE FALSE
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:
James B. O'Neill Il, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Acoustics and Interiors, Inc.
in
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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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.
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