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Home My WebLink About487067 DEBORAH UHL - CONTRACT - RFP - 7217 COCA-COLA SIGN REHABILITATIONSERVICES 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 Deborah Uhl, doing business as Ethereality 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: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement. Services shall be completed no later than March 31, 2012. 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 sentto the following addresses: Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 1 of 14 plaque on the railing. It is expected that this contractor will also be using the scaffolding for the few days needed for the brick re -pointing. SIGN CONSERVATION TREATMENT PROPOSAL 1. The wall painting will be examined thoroughly under normal lighting conditions. 2. The masonry substrate will be accessed by The Collaborative Inc. to ensure the long term stability of the wall. 3. Photographic and written documentation will identify all of the treatment steps and conditions observed during the conservation process. 4. Very small paint samples will be obtained in discrete locations to identify the historical paint scheme and its material components. 5. The paint samples will be analyzed under the microscope and with microchemical tests. 6. Materials suitable for the project will be thoroughly researched and assembled for testing. 7. Cleaning tests will be performed along the edge of the wall painting to determine a cleaning protocol. 8. Tests will be made using appropriate consolidants and varnishes compatible with the original paint and mortar substrate. 9. The materials and the treatment protocol will be determined for the final treatment. 10. A follow up site visit may be made before the final treatment phase to assess the condition of the treatment areas. 11. The painting will be surface cleaned to the extent possible without affecting the paint layer beneath it. Any varnish or overpaint will be removed as much as is safely possible. 12. Areas of paint loss will be locally consolidated along their edges with an adhesive to be determined during testing. 13. The paint layers will be consolidated overall to resaturate the chalky oxidized paint surface and stabilize the paint layers to each other. A dilute solution of the consolidant will allow the consolidant to penetrate through the paint layers to consolidate the paint to the masonry substrate. 14. The painting will be varnished with a synthetic varnish with UV stabilizers if. one is deemed appropriate. 15. The signature block and other large loss areas may be inpainted with appropriate materials if time allows. 16. The written and photographic documentation will be assembled into the final report. 2011 TREATMENT SCHEDULE TIMELINE 1. INITIAL SITE VISIT:- Documentation and Paint Sampling By May 18 2. SECOND SITE VISIT: Conservation Material Testing June 3. THIRD SITE VISIT: Treatment Phase Mid -July thru mid -August The deadline for completion of the State Historical Fund grant is March 31, 2012. It is anticipated that the rehabilitation work will be completed in 2011. Compensation and Contract Process: After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City's Project Manager. City payment terms will be Net 30 Days from receipt of invoice. The Grant Recipient (City of Fort Collins) retains all right to use materials produced (materials produced are not subject to copyright by subcontractor). Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 10 of 14 The work in this subcontract must meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 11 of 14 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: 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. Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 12 of 14 EXHIBIT C COST SCHEDULE Cost for Initial Site Visits: Mileage: 166 mile roundtrip @ .46 cents per mile Daily Labor rate: Total of 2-3 site visits: Paint Analysis: Analysis (2 to 4 @ $50 per sample) Interpretation and Documentation: Total Architectural Conservation Assessment Site visit by John Feinburg of The Collaboratives Inc. Treatment Phase: Travel: Mileage from Morrison (Uhl) (1 roundtrip for the 3 weeks of field work @ $76.36) Mileage from Westminster (Capano) (3 visits @ 116 miles roundtrip @ .46 cents per mile) Travel Time: Capano: 2 hours roundtrip 3 times @ $35.00 per hour Uhl: 3 hours roundtrip @ $35.00 per hour Total: Lodging: Uhl: 19-20 days @ $80.00 per day Capano:11-12 days @ $80.00 per day Total: Meals and Incidentals: 2 people for 14-15 working days @ $46.00 Labor: 14-15 working days for two Conservators @ $600.00 Daily rate Mobilization/ Set Up/ Take Down: 2 working days Cleaning: 330 square feet @ 8 ft/hour = 6 working days Consolidation: 330 square feet @ 3 ft/hour = 14-16 working days Documentation: 1 working days Material Research/Paint Investigation: 1 working days Varnishing and/or Inpainting = 4 working days Scaffolding: Erection and Dismantling Delivery/ Pickup Rental (3-4 weeks @ $168.00 per week) $ 76.36 $600.00 $1352.72 - $2029.08 $100.00-$200.00 $225.00 $325.00-$425.00 $800.00 $ 76.36 $160.08 $210.00 $105.00 $551.44 $1520.00-$1600.00 $ 880.00-$ 960.00 $2400.0042560.00 $1000.00 maximum $16, 80 0.00-$18, 0 00.00 $504.00-$672.00 The fourth week may be needed depending on how many days the masons need it for Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 13 of 14 repointing. If they only need it for two days, they can use it the first two days Lisa and I are on site as we will be getting everything set up and can conduct further tests and begin work along the bottom edge but by the third day, we will need full access to the scaffold. Total: $3545.60-$3713.60 Materials: $1200.0041500.00 Contingency fees: (5% of the total project to cover any unforeseeable expenses that arise during the rehabilitation project) $1,400.00 GRAND TOTAL: $29,374.76 - $31,979.12 Professional Service Agreement _ 7217 Coca-Cola Sign Rehabilitation Page 14 of 14 CDP AccwzCERTIFICATE OF LIABILITY INSURANCE °022 05T 09-2011 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUNTINGTON T BLOCK INS AGENCY/PHS 620137 P:(866)467-8730 F:(877)538-8526 PO BOX 29611 CHARLOTTE NC 28229 CONTACT NAME: PHONHJAX.P ter. (866)467-8730 IAC,Nm: (877)538-852 E-MAIL PRODUCER CUSTOMER ID R: INSURERISI AFFORDING COVERAGE NAICN INSURED INSURER A: Hartford Casualty Ins CO INSURER B: DEBORAH UHL ETHEREALITY 5483 GOLF COURSE DR NSURERC: MORRISON CO 80465 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF N55MANCE SUER IVVV POLICY NWBER WM/pDYYYYI I IEW,L4'YYYYI LAIDS GENERAL L(ABLVTY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL UABIUTY PREMISES IEa mcurrw¢el 5 300,000 A CLAIMSMADE I OCCUR X General Liab X 42 SBA VM6887 01/02/2011 01/02/201.2 MED EXP(MV ore M.) 5 10,000 PERSONAL &ADV INJURY 5 1,000,000 GENERAL AGGREGATE 5 2,000,000 'L AGGRpiq—>rp{ LIMIT Ada IE�S PER: PRODUCTS - COMP/OP AGG 52,000,000 $ POLICY PRO-rV LOC IJECT AUTOMOBILELMBILITY COMBINED SINGLE LIMIT IEa accident) S ANYAUTO BODILY INJURY tPer P m) 5 ALL OWNED AUTOS BODILY INJURY (Pw eccid t) 5 SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE IPw amdmR $ 5 NON,OWNED AUTOS 5 WBRE4 UAR OCCUR EACH OCCURRENCE 5 AGGREGATE $ EXCESS MAIL CLAIMS -MADE DEDUCTIBLE 5 5 RETENTION $ WORKERS COMPENSA TION ANDfMPLOYERS'fMBK?Y YlN ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU-H- TOOTER RY'MIT E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A IMaada I, MO E.L. DISEASE - EA EMPLOYE 5 It Yes, d.ribe o1Mw DESCRIPTION OF OPERATIONS G low E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS/[OCATH)NS/V£NiDfS lArtuN ACORO 101, Ad MfB Rw,wb Sc/wdb, Kmwaopen a,ewdadl Those usual to the Insured's Operations. City fo Fort Collins are Additional Insureds per the Business Liability form SS0008. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City fo Fort Collins DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AlAr I DREPRES ATIVE 215 N MASON ST FL 2 FORT COLLINS, CO 80524 / 4-r— 0 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD GEICO® Tel: 1-800-841-3" Declarations Page c ge1CO.COlY1 This is a description of your coverage. - Please retain for your, records. Gb6WGENERAL INSURANCE COMPANY 4201;Spring Valley Road .................................... _.. ...,.._................. ........... ...... .................. (e fy;/ RA) 1atW1 Dams Tx 75244-3s94,..,,,Policy.NUmber,:-_0564.43=,15=00 kI .....>. - ............,,...... : ` a �+ i' .AT'417lA ..Coverag. Peeriod Date Issued: November 14, 2010......12-18-10-through�06-18'�11T,•"1 . Y 12o1%a:mnk,ca1lirr atthe addresssof the named insured. DEBORAH ANN UHL 3624 WESTGATE RD OMAHA NE 68124-4044 mail Address: deborahuhllgigmail.com Insured Additional Drivers f F'Deborah Uhl }}113rr1'U i t .i" i t '.* tps,--'..-tvNonet$-1ya iii to 'xlj .. i "La 11 ufl'` tiolvel z-gi9- fAtsCf ' f! tf _itt: `4'3 4?'y '_ftp uJq 11 c'_w o3 Y ` I-QW-1C E4 f.3•.` .,s:.....:1:A- Vehrcle? ,:":�+�.. ,G' :'�„>�t.Gr.: ;.VIN;+s Lrf i-.zfs'tt1 rc.'w�tf�:3 Vf2ated Locationk;, c.,�..:�:;� FinancelCom[ianv/»rltriaff. I f...l' Tr "l ..i ."" : it..l-f i it+> 1¢"..n ,t'>^n4^_f t..tFf YSr `r.+a 'TOM 1 2001"L' Rover'' Discysuse SALTY12471A711114 OmahaNE'68124� Coverages` — Limits and/or Deductibles Vehicle 1 Bodily Injury Liability Each Person/Each Occurrence $25,000/$50,000 $83.3( Property Damage Liability $25,000 $130.9( Medical Payments __.... _._ _......_.............................. - $5,000 - -- - - - ....._............................ _..._........ .._.. .... $21.8( ._...... ...... ... ....... Uninsured Motorists Each Person/Each Occurrence $25,000/$50,000 ..................... . - -..._ $5.7C _..... ._ ...... _ . ..... ....... - Underinsured Motorist _.. _.. -......... ....... .... -Each Person/Each Occurrence $25,000/$50,000 $1.4C ... --.. -......_____ _........ ........................_..............:. -- Comprehensive ....................... _............. ........__..............._....._......... $1,000 Ded _._......._..__...._..._.._........._......_........_...................._................_._ __ - - $102.3C _....._.._.__._.........._ Collision .$1,000 Ded $171.4C -- ........................ Emergency Road Service .... ........ .......... ......... _.._._ ._ ._......... .............. Full . .............. ............. .......... ............ ............... $8.6( - .. Rental Reimbursement $3,0 Per Day $12.8C " ...... ......... ................... .............. $900 Max . ... . - _ ... ............ ................ . ... ...... _ .._....... Total Six Month Premium $538.20 'Coverage applies where a premium or $0.00 is shown for a vehicle. If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. ssm ;1 T _M _ Continued on Back Huntington T. Block Insurance Agency, Inc. 1120 20th Street NW 61h Floor Washington, DC 20036 Phone: (202) 223-0673 Fax: (202) 331-8409 CERTIFICATE OF INSURANCE This memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. The following is information from the policy. Policy Type: Fine Art Conservators Policy Named Insured: Lisa Marie Capano Address: 10938 Yukon Street Westminster, CO 80021 Dates: From: March 31, 2011 To: March 31, 2012 12:01 A.M. Standard Time at the place of issuance. Limits of Liability: $500,000 premise limit $250,000 at any other location $250,000 while in transit on any one conveyance $500,000 in any one loss or disaster The City of Fort Collins will be notified if the policy is cancelled. on the following Works of art as per list on file with the Insured. work(s) of art: Company(s) and Policy Number(s): Ace Fire Underwriters Insurance Company IMC108682410 Certificate issued to: City of Fort Collins 215 N Mason St Floor 2 Fort Collins, CO 80524 Authorized Representative: Huntington T. Block Insurance Agency, Inc. Account Executive - Ever Song Date: May 9, 2011 MCERT www.HundngtonTBlockwna City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Deborah Uhl Attn: Purchasing Attn: Carol Tunner, Historic Dba Ethereality LLC PO Box 580 Preservation PO Box 1182 Fort Collins, CO 80522 PO Box 580 Morrison, CO 80465 Fort Collins, CO 80522 (303) 725-9293 deborahuhl mail.com 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, subjectto additions and deletions provided herein, perthe attached Exhibit "C", consisting of two (2) pages, 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. Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 2 of 14 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 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 Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 3 of 14 equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party forthe 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) 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 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 Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 4 of 14 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 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 Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 5 of 14 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. Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 6 of 14 CITY OF FORT COLLINS, COLORADO a municipal corporation B. Jameo B. 'Neill II, CPP , FNIGP Direct o Purchasing and Risk Management Date: 1 Deborah Uhl Doing Business as Ethereality LLC By. ��.L, O) � eb <-, (-0, PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: f1A qti ao f (Corporate Seal) Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 7 of 14 EXHIBIT A SCOPE OF WORK Purpose: The City of Fort Collins, Community Development and Neighborhood Services Department is seeking a qualified painting and architectural conservator who can rehabilitate an historic Coca- Cola/Angell's Delicatessen "ghost sign" on a landmarked brick building, #5 Old Town Square, in Fort Collins, so that it can continue to be enjoyed well into the future. Our directive from the community is to: 1) Conserve the sign as is by reattaching and protecting the sign paint (if appropriate materials can be found); or, if this is not found to be possible... 2) Touch-up the paint in some spots while leaving the bare brick, where paint has flaked off, in other areas. The work as described in Option #1 would involve the recommendation and application of a consolidant to reattach the paint, and a protectant that is a clear coating, withstand an exterior exposure, not yellow, not pick up dirt, and not damage the vapor permeability of the underlying brick wall. Application of any protective product would require the paint (design) layer to be stable, well -attached, and not chalking or powdering. The support brick wall should be clean, and free of dirt, salts, and micro flora to ensure good adhesion. Any recommended protectant should not trap moisture under the coating. The application method should not damage the paint. Ideally it would be possible to remove the coating later, if necessary, while leaving the paint intact. Whatever is used to consolidate or reattach the paint also must not be soluble in a solvent used to dissolve and later remove the coating, if that is determined to be necessary. Our goal is to conserve the sign in place. If Option #1 is not feasible, then Option 2 will be pursued. The conservator would work closely with the grant/project manager and the Community Development and Neighborhood Services historic preservation staff. This project is fully funded by a Colorado State Historical Fund grant and private/public funding sources. SIGN APPROXIMATE SIZE Angell's Delicatessen: Green background — 31' long, 3'- 8" high, Lettering — 27' long, 1'-5" high Coca-Cola: 10' wide and 21' high Conservator Qualifications: • A conservator with education, training, and experience in mural painting • Knowledge of the speck combination of materials (paint on brick) and the potential hazards of treatment Methodology: Colorado Conservators Deborah Uhl and Lisa Capano plan to have three treatment phases during the rehabilitation. The first will be to visit the site and document its condition. A few paint samples will be obtained in differently colored areas. These samples will then be analyzed under a microscope and/or by FTIR to determine their material components. Our analyses will include determining the historical colors as it would have appeared in 1958. This information along with consultation with colleagues will help direct the next phase of the treatment of testing consolidants compatible with the original materials. Colleagues in the Conservation field Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 8 of 14 include Leslie Rainer, Wall Paintings Conservator for the Getty, and Richard Wolbers, Paint Analyst and Scientist at the University of Delaware. The second phase of the treatment will involve a site visit for testing a few consolidants on the paint layers as well.as testing consolidants for the adhesion of the paint to the masonry substrate. Cleaning tests will be performed at this time as well on both the brick substrate and the presenting paint layer. These test areas will include testing the application of a varnish layer and a sacrificial anti -graffiti coating. The tested materials will be stable synthetic materials that will not yellow, are suitable for exterior use, and will not damage the original paint layers should they need to be removed in the future. The applied materials will not trap moisture but will allow moisture to move through the masonry substrate while stabilizing the paint layers to the masonry. These first two phases can be performed at the ground level of the wall and thus will not require scaffolding. The test areas will generally be fifteen square centimeters in size per sample and will be well documented with photographs and written documentation. John Feinburg, Architectural Conservator, will visit the site during either the first or second phase to evaluate the condition of the masonry and the integrity of the wall. John will document his findings and recommendations with written and photographic documentation. Deborah will be available to attend project meetings throughout the phases of the rehabilitation. The third phase will be the overall treatment of the two signs. The over -the -top scaffolding will be erected to gain access to the entire wall to be treated. The mortar repointing will take place previous to the painting conservation treatment. The signs will be meticulously cleaned and consolidated from the top down to secure all of the historical paint and slow down the processes of deterioration we have discovered during the first two investigative phases. If a final varnish coating has been determined appropriate for this exterior wall and its surrounding environment, then it will be applied once the consolidating materials have fully cured to ensure that no moisture is trapped within the paint layers. The synthetic non -yellowing varnish will have a high glass transition temperature so that it will not attract dirt and grime. It will be reversible without affecting the historical paint layers and will trap moisture between the varnish and the paint layers. All of the materials used during the treatment will need to be appropriate for the environmental conditions in Fort Collins as well as compatible with the mortar and the material components in the paint to slow down the rate of deterioration of the historic artifact and ensure its integrity for many years to come. If a varnish coating is deemed inappropriate for this project, then the estimated time will be used to reintegrate the signature block into the image as well as any other areas that time allows us to retouch. After the on site treatment phase, the documentation will be assembled into the final treatment report that will include the maintenance plan. The maintenance plan will be created for the historical site to monitor the wall's condition and bring awareness to any changes that need to be addressed. Expected Products/Results: Documentation and plan/pattern of the sign • Paint analysis and test patch(s) results and interpretation • Condition report and treatment/plan • Maintenance plan • Finished, conserved sign Additional Information: A separate contractor will be performing a mortar analysis, re -pointing of the brick in the area of the sign, installing a railing on the ground around the sign, and placing an historic interpretive Professional Service Agreement 7217 Coca-Cola Sign Rehabilitation Page 9 of 14