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HomeMy WebLinkAbout159569 PS INSTALLATION INC - CONTRACT - AGREEMENT MISC - PS INSTALLATION INCi SERVICES AGREEMENT I 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", as agent, on behalf of the Poudre River Public Library District (District), and PS Installations, 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 six (6) pages and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule included as pages 4 and 5 in Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated on November 1, 2011 following execution of this Agreement. Services shall be completed no later than June 14, 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. 4. Delay. If either parry 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 i notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City or District 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) 1 SA rev07/08 The first move, at the beginning of Phase 1A, is primarily disassembly, removal and storage of materials offsite during the duration of this phase (approximately December 5, 2011 through January 9, 2012.) Phase 1A is the period of complete closure to staff and public. Numerous materials collections, as detailed on the attached spreadsheet, need to be removed and stored off site during this phase. At the end of Phase 1A, shelving stored during the closure need to be reassembled in new locations, reused furniture relocated, and materials returned to the appropriate shelves, in their original and proper shelf order. Approximately 7 days at the end of Phase 1A will be available to complete the work at this phase. PHASE 2 Phase 2A The beginning of Phase 2A involves removal of shelving and associated materials in preparation for construction and removal offsite of numerous paperback spinners to be discarded. At the end of 2A shelving needs to be assembled in new areas and materials reshelved. A number of temporary shelving units need to be taken down at this stage. Phase 2B Phase 2B involves setting up' stored shelves for the new holds area. Unneeded shelving and associated shelving components remaining at the conclusion of Phase 2B needs to be removed offsite to designated storage or disposal areas. Rev7/2009 10 PHASE lA PHASE 1A PHASE 18 Main Library Remodel and Expansion Project - Phased Collection Relocation Work Plan and Schedule Type of Shelving IStacks jBases lFiat Mag/News Slants 180ok Slants End panels/tops 12-1 through 12-5 Tear down/ store materials Adult NF/ Biography 90" DS 98 98 1176 30 Periodicals/ espanol 90" DS 18 18 121 96 4 6 Newspaper 12 12 Espanol 42" DS j 7 7 6 4 30 6 New Books 90" Wall Mount 5 25 5 4 66" Wall Mount 5 15 5 6 Adult Media 42" DS 22 132 9 Reference 90" DS 1 28 28 223 3 6 42" DS 4 4 16 3 Ready Reference -discard fixture � Readup/Oversize 90" DS 121 12 961 1 6 Large Print 90" DS 31 31 111 1 2 Tues 1-3 through Mon 1-9 Install shelving/reshelve materials Adult NF/ Oversize/Ref/biag 90" DS 95 95 1108 50 Temp biog/LP shelving 90" DS 10 10 120 4 Periodicals/ GenRef temp shelving 90" DS 18 18 120 96 4 Newspaper shelving 12 12 New Books/Media temp shelving 90" DS 20 20 240 90 6 World and Readup temp shelving 90" DS 20 20 240 10 6 Large Print 90" Wall Mount 12 12 36 36 6 Ready Ref 90" Wall Mount 1 31 31 181 1 1 2 Type of Shelving IStacks Bases IFlat jMag/News Slants jBook Slants lEnd panels/tops 12-1 through 12-5 Move holiday collection to Olive 48 shelves of materials Tear down Juv NF (Shelving only) 90" DS 51 51 510 16 66" wall 61 61 30 Store Juv Espanol materials 35 shelves of material PHASE 18 2/20-3/5 shelving tear dawn and install; 3/5-3/22 bookmove Install Shelving I Adult Fic/pbks/classics 90" Wall Mount 25 25 150 9 78" DS 60 60 600 30 Move Adult Fic/pbks /classics appr. 30,000 items Set up juv temp shelving 66" IDS 15 60 75 6 Set up juv shelving 66" DS 77 601 30 66" Wall mount 20 20 57 9 6 45" wall mount 4 4 2 45" DS 17 17 68 6 Move juvenile collections 166000 items PHASE 2A 3/23-3/28 Install Teen temp shelving 90" DS 10 10 120 4 18 4 Tear down: Fiction/teen/classics 90" Wall Mount 15 61 24 8 90" DS 90 90 1040 80 36 Teen/Business 42" DS 19 3 6 9 96 6 52" DS 5 5 18 3 14 2 Discard lick spinners/frames 109 Juvenile shelving 42" DS 1 18 18 2 4 72 12 6 drawers 66" DS 52 52 158 4 1021 14 66" Wall mount 1 281 1 74 62 24 54" Wall mount 1 41 41 12 Rev?/2009 11 Type of Shelving Istacks jBaSeS IFlat Mag/News Slants lBook5lants JEnd panels/tops PHASE2A 5/9-5/18 Shelving install;5/18-5/24 book unpack Install shelving and move in materials Reference 66" DS 44 44 131 4 12 Wall Mount 14 14 42 6 Periodicals 66" DS 10 10 30 45 4 Newspaper 15 12 Teen 66" DS 20 20 126 6 66" Wall mount 3 3 4 15 2nd floor Oates Wall Mount 8 40 Media 66" DS 12 12 96 6 45" DS 8 8 32 4 Juvenile NF 66" DS 4 4 24 2 66" Wall mount 6 6 18 4 1st floor optos Wall Mount 8 40 New Books 66" DS 10 10 80 4 66" Wall mount 4 4 8 2 PHASE 2A Take down: Periodicals/ GenRef temp shelving 90" IDS 1 18 18 120 96 4 Newspaper shelving 12 12 New Books/Media temp shelving 90" DS 20 20 240 90 6 World and Readup temp shelving 90" DS 20 20 240 10 6 Juv temp shelving 66" DS 15 60 75 Temp biog/LP shelving 90" DS 30 10 120 4 Teen temp shelving 90" DS 10 10 120 4 18 4 Install shelving and move in materials Wor Rea up 66 DS 401 401 179 6 15 Biograp y 66 DS 20 200 Large Print 66 DS 4 4 32 8 PHASE 2B 6/11-6/14 Install Discard all stack lighting Rev?/2009 12 a 0 C 0 0 os OO OO 0 OO O OO 0 0 1A G G 1A o IS cLl CDIA 2A - 2A - 1A n a 1A OLevel 2 - PHASING PLAN - SHOWING EXISTING ® O Level 2 - PHASING PLAN - SHOWING FINAL BUILD OUT G C G 0 , 0 c C? J J70 v J OQ `:' _F -1A 2AL L y IT I I A, -�r ]- a H Lta , 10 � ..... 1 1 1 B 1 CA), o! OLevel I - PHASING PLAN - SHOWING EXISTING ® O Level I -PHASING PLAN - SHOWING FINAL BUILD OUT Rev7/2009 13 _ 0 � w� U J X0 m U)o :D Z0 a- 0 (6 �z W J w F_ 0 aL) Lu N Q U. O O A0.2 EXHIBIT B COMPENSATION PS INSTALLATIONS, INC. `WE BUILD YOURSELF IMAGE' 3857 STEELE ST, UNIT C DENVER, CO 80205 303-297-2030 FAX 303-298-1196 PSINSTALLA TIONSINC. COM FAX/EMAIL BID NAME: Ken Draves COMPANY: Poudre River Library District PHONE: 970-204-8208 EMAIL: kdraves h poudrelibraries.org FAX: 970-204-8444 DATE: 10-19-2011 TOTAL PAGES: 1 FROM: Jermaine Thomas COMMENTS: Here is the revised pricing for Ft Collins Main Library, Ft Collins $ 39,400.00 Pricing to disassemble and move all shelving and furniture for new construction in (5) phases during regular business hours per "10/19 Phased collection relocation work plan and schedule". Pricing to include delivering and storing furniture to offsite storage and back to library after remodel. Pricing also to include disposal of some furniture/fixtures. Pricing to include 4000 boxes and tape. Additional boxes are $1.85 each plus delivery and pick up. Please note above pricing does not include any IT cabling or any work requiring a licensed electrician. If work necessitates removing and re -running data and phone cables the above pricing does not include any of these costs. Please call PSI at the above number with any questions. By my signature below I accept the pricing as stated above Pricing valid for 60 days. Please sign and return via fax of email: jthomasna psinstallationsinc.com Rev?/2009 14 PS INSTALLATIONS. INC. `WE BUILD YOUR SELF IMAGE' 3857:STEELEST, UNITC DENVER, CO 80205 ' 303-297-2030 FAX 303-298-1196 PSINSTALLATIONSINC.COM LABOR AND MATERIAL RATES SUPERVISOR INSTALLER/MOVER TRUCK BOOKCARTS* FOUR WHEELER* PANEL CART* MACHINE CART* STACK MOVER* Regular Time $30.00/Hr $27.00/I-Ir $ I8.00/Hr plus fuel/$125.00/day max plus fuel Small- $ I.00/day Large- $3.00/day $1.00/day $3.00/day $3.00/day $300.00/day Overtime/Holidays $43.00/Hr $38.00/tir OFFICE/BOOK MOVING BOX* $1.85 each includes tape OTHER SUPPLIES QUOTED PER PROJECT MIGHT INCLUDE WALL/FLOOR ANCHORS; DRILL BITS; GROUT; MASONITE; PLYWOOD DECKING; PARKING, PERMITS, SPECIAL LICENCES, PREVAILING WAGE RATES, ETC. PLEASE CALL OUR OFFICE AT THE NUMBER ABOVE WITH QUESTIONS OR HARD BID PRICING PeterStravlo President pst ravlo(a; psi asts Ilationsi ac.com Rev?/2009 15 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 & 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: 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. Rev7/2009 16 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: Service Provider: City: PS Installations, Inc. City of Fort Collins Attn: Jermaine Thomas Attn: Purchasing 3857 Steele Street, Unit C PO Box 580 Denver, CO 80205 Fort Collins, CO 80522 Copy to: Copy to: Seter & Vander Wall, P.C. Poudre River Public Library District 7400 E. Orchard Rd, Ste 3300 Attn: Ken Draves Greenwood Village, CO 80111 PO Box 580 Fort Collins, CO 80522 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 6. Contract Sum. The City'shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, Thirty -Nine Thousand Four Hundred Dollars ($39,400.00) per the attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference. 7. 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. 8. 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. 2 SA rev07/08 9. 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. 10. 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. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of col petence and care in accordance with accepted standards for work of a similar nature. I 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 subcontractorslof 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. 12. 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. SA rev07/08 13. 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 parry's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and District, i their officers, agents and employees against and from any and all actions, suits, claims, demands i 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 and District 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 4 SA rev07/08 evidencing the insurance coverage required from an insurance company acceptable to the City. 1 16. 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. 17. 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. 18. 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 e-Verify program created in I 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 5 SA rev07/08 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 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 I 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 I Department of Labor and Employment I(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. SA rev07/08 Date: POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FORT COLLINS, COLORADO a munigiRal corporation By: iJ- es B. O'Neill II, CPPO, FNIGP DirectdCkf Purchasing & Risk Management Date: I l PS Installations By: P INT NAME Ea CORPORATE PRESIDENT OR VICE PRESIDENT Date: <</ 5/� AT�jFCT: C, (Corporate Seal) CORPORATE SECRETARY 7 SA rev07/08 EXHIBIT A SCOPE OF WORK Poudre River Public Library District Disassembly, Moving, Storage, and Relocation Services for Main Library Remodel and Expansion Project Contract between Poudre River Public Library District andPS Installations for disassembly, moving, storage, and relocation services during construction and remodeling of Main Library, 201 Peterson Street, Fort Collins, Colorado. I The scope and timeframe for the work related to shelving and library materials are described in detail in the attached "Main Library Remodel and Expansion Project - Phased Collection Relocation Work Plan and Schedule" dated October 19, 2011. The Work Plan and Schedule detail the phases, dates, areas of work, numbers and types and numbers of shelving and shelving components. The Work Plan is determined by the overall project Phasing Schedule discussed below. The major phases, dates, areas to be cleared in preparation for construction, and dates and locations detailing relocation of materials in competed areas, are included in the attached spreadsheet "Phasing Schedule" dated September 6, 2011, and included in the 100% Construction Documents dated September 28, 2011 prepared by OZ Architecture. The attached Phasing Plan prepared by OZ Architecture and included in the 100% Construction Documents, graphically illustrates the project phasing for the first and second floors of Main Library. In addition to shelving and associated library materials (books, DVDs, CDs, and other media) the scope of work encompasses the removal storage, and relocation of all other library furniture in each area required to be cleared in preparation for construction according to the Phasing Schedule. The scope of the project includes a pre -move coordination meeting and walk through. General Project Overview The Poudre River Public Library District's Main Library, a building of approximately 34,000 square feet, is undergoing a complete remodel and an expansion of approximately 6,000 square feet. OZ Architecture of Denver, CO. is the project's architectural firm. Project goals include expanded and improved public spaces and building system upgrades. A primary goal during construction is to remain open and accessible to the public as much as is feasible, rather than closing for the entire project duration. In order to allow for public and staff access during as much of the construction and Rev7/2009 remodel as possible, the remodel and expansion project is designed in phases, with certain areas under active construction separated from open and accessible public and staff spaces. Once areas under construction are completed, furnishings and materials will be relocated in those spaces and areas previously open will be closed and constructed or remodeled. While remaining open as much as feasible is a goal, plans necessitate a period of full closure to staff and public of five to six weeks early in the project. The project has two primary phases, both divided into two smaller sub phases. The construction project is currently scheduled to commence Decemberl, 2011 and conclude in June 2012. However, dates are subject to change as construction work proceeds. summarized below is detailed in the attached and Expansion Project - Phased Collection Relocation Work Plan and Schedule" dated October 19, 2011. NOTE: All dates provided are intended to provide general schedule and timeframes for phasing, but are subject to change during the project. Services consist of preparing areas for construction by removing, disassembling as needed, and storing library materials, shelves, and furnishings; assembling and disassembling temporary shelves as required; reassembling shelves, including new and resused shelves and shelving components, in new locations; relocating reused furnishings in new locations; replacing materials on shelves, in correct and original shelf order, in new locations. The work also consists of removing unneeded items from the Main Library and relocating them to designated, nearby storage facilities (to be determined by owner) prior to proper disposal or sale. The Service Provider acknowledges and understands the existing conditions at the Main Library and agrees to perform the work identified in this agreement within those conditions. PHASE 1 The first phase of the project, Phase 1, is divided into two sub -phases. Phase 1 B Phase 18 is actually the first phase of the project to begin. Currently 1 B is scheduled to begin on or about November 15, 2011. From November 15 through December 1, this Phase involves building site work (exterior) only. Phase 1A Phase IA is scheduled to begin on December 1, 2011. This phase involves two major moves. Rev7/2009