HomeMy WebLinkAbout465054 YESCO LLC - CONTRACT - BID - 7062 COUNCIL TREE EXTERIOR SIGNAGESERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and yearset forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City", on behalf of the Poudre River Public Library District (District), and Yesco, LLC, 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. Scone 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. Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be
completed no later than December 15, 2009. 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:
SA rev07/08
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EXHIBIT B
FEE SCHEDULE
HID PROPOSAL
7062 Council Tree Exterior Signage
BID OPENING: Autlu020 2009 3•00 m (our dock!
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS
FOR COUNCIL TREE EXTERIOR SIGNAGE PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS
The City of Fort Collins, on behalf of the Poudre Valley library District, is requesting bids
per the attached specifications for extefior signage at the Council Tree Library located on
Harmony Road at Front Range Village, 2733 Council Tree Avenue, Fort Collins. This
design and specifications have been purchased by the District from DaVinci and will not
entertain other designs. Please bid as is and send all questions preferably by e-mail to
John Stephen sL tephen(dtfcaov.com or 970-221-6777,
Qualifications
• Company must have been in business for 3 years or more.
• Company must include in the bid 3 references for doing like work.
• Company must coordinate work with the Library District and City Project Manager.
• All work must be complete by October 15, 2009
BW Schedule
Contractor will provide signage per drawings and specifications complete with
installation.
LUMP SUM $ /Z, li5 `b
Firm Name l E3 Go, j, L' C-
(Are you a corporation, DBA. Partnership. LLC, PC)
Signature: '7a
Printed Nance: 7-4G L. 'TSC+1 i L`AR
Title: 812ANC ik ;44AkJA CAE 2-
Address: a DENROSE cr.
Phorte/Feu: q�0-412-5yfeio / 170- 472-64WI
E Mafl Address: Z'4-s�.i,.ii iav®�1es co• [,ot+h
Rev?/2009
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 & Employers 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.
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 subcontractors
insurance.
Rev712009
Service Provider:
City:
Yesco, LLC
City of Fort Collins
Attn: Zac L. Tschillard
Attn: Purchasing
4562 Denrose Ct, #4
PO Box 580
Fort Collins, CO 80524
Fort Collins, CO 80522
Copy to:
Copy to:
City of Fort Collins
Poudre River Public Library District
Attn: Steve Seefeld
Attn: Ken Draves
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
Seter & Vander Wall, P.C.
7400 E. Orchard Rd, Ste 3300
Greenwood Village, CO 80111
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 Providers
obligations under this Agreement. Such payment shall be the Service Providers 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, Twelve Thousand Nine Hundred Ninety
Five Dollars ($12,995.00) per the attached 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 Providerare
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 Providers compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
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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.
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. Warran .
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 twenty-four (24) 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. Finish
warranty is (60) months for fading, peeling, cracking, etc.
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
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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 partys 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 specked 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 Citys Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
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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
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the a -Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
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work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider
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 Service Provider 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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
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POUDRE RIVER PUBLIC LIBRARY DISTRICT
BOARD OF DIRECTORS PRESIDENT
Date: Q
POUDRE RIVER PUBLIC LIBRARY DISTRICT
ACTING THROUGH ITS AGENT
CITY OF FORT COLLINS, COLORADO
a mgo-"
''orporate
By: Y
s B. O'Neill II, CPPO, FNIGP
Dirercha7's
& Risk Management
Date: �l
Yesco,, L�
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _10/2-7/07
AZ -A _ (Co rate S I)
CORPORATE SECRETAR
SA rev07/08
EXHIBIT A
SCOPE OF SERVICES
Sianaae specifications for Poudre River Public Library at Front Ranae Village
West and East building elevations
A) provide and install (2) sets of halo illuminated reverse pan channel letters and logo, logo is dual illuminated.
Letters and logo are 30" and 42" tall per drawing 09-246 RS page 1
Illumination by (2) rows of white Sloan LED's or (2) rows of sloan amber LEDs.
Faces are constructed of .090 aluminum with .063 returns.
letters and logo to be finished with (2) part etching primer and (2) part aliphatic polyurethane spray finish.
The clear backs are .150 solar grade clear polycarbonate and to fit with a tolerance of .050"
Logo face to be .187 white acrylic with first surface 3 00 dpi minimum digital print with 3m GPS clear overlay.
Color proof to be provided prior to fabrication
Installation of above sets is to be remote wiring, with power supplies concealed behind wall or above ceiling.
Verification of field conditions for installation is required and responsibility of signage contractor.
Primary electric hook-up to displays is by others.
Warranty is materials and labor for a 24 month period from acceptance of the completed work
Finish warranty is (60) months for fading, peeling, cracking, etc.
Installation to be coordinated with facility owner and shopping center owner for equipment access and work hours.
Letters to be spaced off facade by 1.5", and standoffs to be painted to match facade color.
Only stainless steel fasteners to be used for all exterior fastener components
Display is to be U-L listed and carry that mark, labels to be placed out of sight on top of each character.
South Building Elevation
B) Provide and Install (1) set same specifications as above 30" logo and 30" letter height vertically to replace existing set on South elevation.
Remove existing set of letters and give to owner for possible future use.
Repair facade to new condition and that no ghosting of previous installation is evident.
Per drawing 09-246115 page 2.
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