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HomeMy WebLinkAbout465054 YOUNG ELECTRIC SIGN CO (YESCO) - CONTRACT - RFP - 7280 EXTERIOR SIGNAGE AT THE LINCOLN CENTERSERVICES 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 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: 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement. Services shall be completed no later than February 3, 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 sent to the following addresses: Services Agreement 7280 Exterior Signage at the Lincoln Center Page 1 of 15 EXHIBIT A SCOPE OF WORK IELAICUI0U1 LEI IEIIS WITH NOT It COLORED WASH LIGHTING SCALE t'-I'C' ODANIII, I NANHTin INTO, ANR WRIAT V R 15'0' / Iw TOP VIEW OF SIGN IPARIIAI I SCALE: IS* -10- `�w�ELEVATION SCALE CR' - F 0" *Ali IY i i 14' TWA E to I OTERS CDIHTER SIR BREWS HSSL].IN CEP I4.3,3 0 E/-CENTER IO UNTIRI ATTACH ID WALLAS KIIVRNO �J AJ-IMCN T CD IXCOHPANIS 'CROSS SECTION IPARTIALI SCALE -3'-TD- C 13I C D NATEELN AIIRWNIN 01 Y E S C 0. TW KNSE w. TMW eoss Custom Electric Signs- CDIDR ERWDMIAIIT UMI �..,...,.. ,.. �....... ,•.e H,.,�.�. I C.R. 114.1h 970,4n SAM .'eR T.ACNE Ro RTI/.n 5064 .. • I EI LO A CU SD5E, rw.lu� 4M nRVITTINR uA ARIA Hal till? nPCTN[AINRWCERIElU MOM LINCOLN PART INJOINFAPTICSAKR center rrt r.W nHwEE rrm lrunalcl¢r•elnu ARYL uw1.�a, .r vilwr,r�l.Ilep�E.QUYrnI.N A13 w. rANwnrp wwtY ,' ... NOTE, UNLESS UINERME NOTED, OECTIIICAI IWIES DR FOU ELECTRICAL NDONUP CHARGES AM PDT i KLUOEO. RLUWNATED DISPLAYS ME RE WNED END 120 VOLT POWER UNLESS OTRERINCERNIOTtEO. nn pl li vOLTW ewes , wwWE�M.Mr4 ,Y iCLI.Y.N YllpEf ilEl0n11. nRW. Rwerr �.,V. rsa rwwr®u. E..E muvo mu ..mn .near wn mc..e wnl.. T .. �..u. ruu v ruol wn . DESIGN,#: 11619-301 [-3 j' 5_II Services Agreement 7280 Exterior Signage at the Lincoln Center Page 10 of 15 EXHIBIT A SCOPE OF WORK s- q City of - - Fort Collins SIDE VIEW -�INTFRNAI IT InUNINATEO CAINNET SIGN SCAIE I--1'-0- �DUANTITY, 1 MANUFACTURE AND INSTALL ART SUPERIMPOSED ON PHOTO SHOWN AT APPROXIMATE RELATIVE SCALE 11!�E LEVAIION SCALE. 1,8' - 1'0' © CA T • wruu AIIARRA �� Y E S C 0] Pips wzp OUROW5 L m WTI ITT Custom Electric Signs. Q WITNEa IOK AURORA VOLT n-]IV nCa1N-Stank °1Ha35L6E DRUM wrwkunW its N Tnhuaw Rw SroArz MCA a� QFAo rrn 101" FiCy CON15I4 fm AM min LATER I.Aw ACE t h e n �w�-- SEE cam "I—�-- LINCOLN centE •r WANITt" CASAMAOa' _ OECIRJL REkS mF WS OR NO I11 l M1SMIW SI FT MIpl CUORA00 11' _ ■Min3NA - 411. JHNAINAN XAAWMM WERE No ■ Ial�IFO ® FEW OIOOMIA 10 _NAIMTRWAAOTEN953.0.IAH _— ONrUuI OIAMub MnaorM gnf.==1 gwaAgw u.n.]ip AtNq uwgl..®Ig1I]N]bt alWn .PffiJI ILq.l1 RI - - mquuaa w m Ibpa]N bm waa AlI W b N ANeAOgANg4R. ,L W. M8] # b] MOTE UNLESS 07HERME NOTED. ELECTRICAL MATS N IWAI nEC1111CA1 Hookup NARGES AM YHI INCLUDED ILLUAOMAIEO06RAYS WNL M WIRED IN 120 VOLT POWER UMLESS OTMENW'IM INDICATED. VOLTS AMPS w Obla ab [alf®n b01 fq I®4AYfb]OMLL fq Mb1b q]11]4] �w1b10g1]]11®l9®IYfO!\ q Eb-]NW n.aw[b-r a enwo vu ] WIIW ]WfWbgnrbf9 S]! �BV]l]t!] aIp0111111gbLL]IagIIBr PItiW ]It[0 DESIGN,#': 116194HI Services Agreement 7280 Exterior Signage at the Lincoln Center Page 11 of 15 EXHIBIT A SCOPE OF WORK X � I I nd heL NCOLNcent aill ®�EXILRNALLYILLUMINAIEOMUNUMENTSIGN SCAtlLild'-I.U. A `- 011WITY I MANUFACTURE ANOINSTALL WDIF file � SITF PI AN SCAIF fib' - V 0, \J Services Agreement 7280 Exterior Signage at the Lincoln Center []IAU ITPL YW uw TOWN SIT NOT KIT MEO WIENN Adnc TWONSf 31' CQM "M. E011sM011L �II6RTIN& TYPE IEO FIIfTURE 11 WS 1. WY WAII R1[I =011 AM AITApMTM YNMU i6RM116 Im Q StRUCiEWE YATIRYL 41RMN A. .,.• .aru..„. PANT ,. v.. WW WIX 1111A .. I N#UTINB EOPIAREk iE3ftIVAUAREk65h' mcniL1t MIMO PIMMIFY 'Rsmw 1' ■PAlIr P ID MA Wid iliYA MIitlIYI]A11R POT OWOYIP W Id IMYA M II W YS] 01 Ri CUNEIP Wid ITANIA YE [IN WR R IFI . PANT WY TRACE!MM, Y. i �R Apl WIOI KIM m�M m'l. 11(AF AlF.�LI wwiomua�ioulw A`n rlW.wuro lunnw P s 19'73d' �s TOO Is P R zo 1 PA" MAIM PAIFIA YIAW (EL 10 - TNLIfDIWAAKtW\IfIISUV: ♦ �••••• ,_.__..,._�.... -�- RW R 11E" TOP l'IIW MNUIMINT SIGN SCAIF PA' - 1 0' -SP ;N1.Li co IP111 P5 LSD, IF,Y101 s 2.2.13 sI=VIA T I. Y O c !CTT it YM MMAW RICK -�♦ R611161155].LI♦ AN NIT PIATI-EXIST A I`Wo RAT FAIL \� MS III, 19 - IAWY:ATOAINKIWMiAs1 SCCROSS SECT1nN OF MONUMENT SCAIF 3m' - 1' 0" YESCO. Custom Electric Signs. 11 CRRIRA 8IRA[N R1U3/Y-SAE6 :IY M1 T.rA..Are R.aE 9!U♦]: 59[i .a k [urov CR 6U5]R wMN,YNAR mn the LINCOLN center oW M NFf. W MOTE: UNLESS STRMNMEROi[4 ELMMM MRM SR FMM RECTRICAL Noe OW tlMMS ANL RRT MOUREL R IUMEIATEO MMLATS WILL M WED Fa 120 VOLT P/WER UNLESS STRERWMERMCATIN VOLTS AYF WF�Ia MFF M1Ye.I l NMiif .W.10.BG.9.Ni91ofV. a.eWe Ilan o.W�u. W.n muao Wu ♦unu .r(W n m. n+ro uuw wY Wwoen.w asW .K naA. W a. n nno DESIGN#-. 116195XI P.la M Page 12 of 15 EXHIBIT A SCOPE OF WORK Cal � IO _the LINCOL.N centeelIl m d _ _ _ _ ♦♦ ___-��� __r__l_ a lu ��E%IFflNALLY ILWMINAiLO MUNUM[NI SICK zEnc A1WU B �OUANTITY I MANUFACTURE ANO INSTALL MANIWI NNII SITF PLAN SCAIF ill R--1-0" V ESf ACE RN ALUMINUM COLOR SEE COLOR KEY Q'. fta NATURAL ACRYLIC -INCAE86 -341, _. CMOR OUPNST. opkee Et[ Q(IONTNO TAR MO FIRTIN1f rtCA 9i3YM1 PYNlflC[ CORM flR ATIAMNEMT MOUNT IO MlIEO tUM STRUCTURE MURIA ALUMMIM ✓.r.e•PMET DOOWAAZTEC SAVER . KE IRO COPYARfA2E.3N'IWALIAREA71d0' EIECTRIGl6[RMCERYAINFO rF90R NO I' ■ PRINT OUPOx1R MATCH INSPA METFON M1711 RT ® PANT OUPoERP UITM TMSPA KIEM N53811RT PARCE OUEWIA L� WTp 11R5PA YfiE0N Y0B11At ■ FANE _ OUAOMT SLAC%1¢053) .1.1.1 N�®I.II®Yp ��•11�pf�3Y 10 0itY111@1f 1:IEIIN41..f1 YY041YfG[OYVIfl1Y /IPYf000 WO4ti6 20` l A ASS a.2016 o - R 20' 1' PANTS UNI PANELS IUSEMMOUNTED IO SCAMLONE RNLW11lR6UNN S[PEYS - - WILD FUSS 2.2.IN 21. e. — �CP�WTOP VIEW MONUMENT SIGN SCALE: ilC - 1 0' - iF TiW;[ I L O if TIFRS �.RV - - HOLUB ASS 201 1 S YFS[O SP%2 m 3- O C ;OTY 62. MM SMART PUCK. \A �- RWLEON392a2.1,1 �- AIR BENT PLATE [RiSiINU 14,20 i SIAIWALI E155 hlfll • - - 1AluolAl EO Al I1NMUM RASE F] CROSS SECTION OF MONUMENT SCALE 3 A' - 1' 0- r YESCO. Custom Electric Signs. 219N hCd, NfRKR 9kJ3�'aE6 TmpaArc Roof 97'J 67r ;Rc<.u� FI Ld::ns CO BIF.11 vW.TRsce rnm the LINCOLN center MMNI: I17 W MARYOLMn IT. COIINS LOIp M.nrre m NOTE: UNLESS NTREOWUE MOTTO. ELECTRICAL MUSS OR FIRM ELECTRICAL NOORUP QARTES ARE NOT MCLOOEO. ILLUMMNATEO OSNAYS Witt BE WMEO FOR 120 VOLT POWER OWES$ OTRENNISE RMNGTER von ns :M Nr..Y MIYIM N tlil li . meA1RAM WanN1AY TMr1YY 1AA11 AIAV #MIN 11R91/rItIW 1YINEIW nAw1 w Ml@11A3 Y.Yi[Yi1M NII/B1W A WMf1Y AgtyY1 wn N. 1M MN IMM AmIslmYw [u rle.salwu r [elu DESIGN#: 11619 6X2 u 5-1 Services Agreement 7280 Exterior Signage at the Lincoln Center Page 13 of 15 EXHIBIT B CONTRACT SUM M� YESCO Custom Electric Signs_ Denver Division 3770 Joliet Street P.O Box 390126 Denver, Colorado 80239 Tel 303-375-9933 Fax 303-375-9111 8.23.11 City of Fort Colluns/Purchasing Division Attention: 215 N. Mason, 2nd Floor Salesperson: Jonathan Harshaw Fort Collins CO 80524 Extension: x217 Ann. John Stephen I Email: jharshaw@yesco.com Sign Location sign Type Qty Description Total Wall Sign 1 Main Entrance Sign per design 11619-1R2 $7,000.00 Wall Sign 1 South Lobby Sign per design # 11619-2R1 $7,500.00 Wall Sign 1 Conference Center sign per design # 11619-3c1 $6,500.00 Wall sign I City of Fort Collins sign per design # 11619-4R1 $3 200.00 Monument Sign 1 Coma monument sign per design # 11619-5X1 or 5x2 $11750.00 Sub total $35,950.00 Note original quote was $36,650.00 $ Option Wall sign 1 Additional wall sign for the City of Fort Collins and added to Main entrance sign per design # 11619-1R2 $2,100.00 New grand total $38.050.00 Notes I Alternates I Assumptions: Price does not include primary power non to signor final electrical hookup. Price does include permit fees and job is quoted tax exempt Respectfully Submitted, Jonathan Harshaw Account Executive Office Extension 217 Services Agreement 7280 Exterior Signage at the Lincoln Center ProjeATotal: S38,050.00 Page 14 of 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. Services Agreement 7280 Exterior Signage at the Lincoln Center Page 15 of 15 Client#: 3212 YOUNGECORP ACORD. CERTIFICATE OF LIABILITY INSURANCE D 1210920/11'Y() 2I09/2011 THIS CERTIFICATE IS 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 ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 CONTACT NAME: Moreton & Company PAIC, HONE No. Eat): Arc d): g01 531-1234 TFAX 801-531.6117 LN 709 East South Temple E-MAIL Salt Lake City, UT 84102 ADDRESS: 801 531-1234 INSURER(S)AFFORDING COVERAGE NAIC• INSURER A: Hartford Underwriters Insurance INSURED INSURERB: Travelers Property Casualty CO. YLLC and/or INSURER C: Hartford Casualty Insurance Yooungung Electric Sign Company 2401 Foothill Drive INsuRER D: Salt Lake City, UT 84109 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 CONTRACTOR 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSR SUER MD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MWDDIYYYY LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X PD Ded:1,000 34UENTZ0323 7/01/2011 07101/201 EACH OCCURRENCE $1000,000 PREMISES EaEQTE nD $1 OOO OOO MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE POLICY LIMIT APPLIES PER: X PE0. X LOC PRODUCTS-COMP/OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-0WNED AUTOS 1000 PD D.d. 34UENTZ0323 7101/2011 07/01/2012 COMBINED SINGLE LIMIT Ea acddent 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY Per accsdenl ( ) $ X X PROPERTY DAMAGE Per awdent $ $ UMBRELLA DAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DEC 7 RETENTIONS 1 1$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) It yes, descries under DESCRIPTION OF OPERATIONS below NIA PJUB6058N81311 Additional Insured does not apply to Workers Comp. 7/01/2011 071011201 X WC STATu- orH- E.L. EACH ACCIDENTIER $1000000 E.L. DISEASE - EA EMPLOYEE $1 00O 000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space Is required) RE: The Lincoln Center, 417 W. Magnolia St., Fort Collins, CO. City of Fort Collins, its officers, agents and employees are named as Additional Insureds in regards to General Liability and Automobile Liability as respects to work performed by the named insured on the above project. DEN/LM/JHARSHAW City of Fort Collins Attn: Direct of Purchasing & Risk Mgmt. P O Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 1 of 1 #S380632/M343469 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GABCA City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Yesco LLC Attn: Purchasing Attn: Jill Stilwell Attn: Jonathan Harshaw PO Box 580 PO Box 580 3770 Joliet Street Fort Collins, CO 80522 Fort Collins, CO 80522 PO Box 390126 Denver, CO 80239 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, Thirty -Eight Thousand Fifty Dollars ($38,050.00) 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 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. Services Agreement 7280 Exterior Signage at the Lincoln Center Page 2 of 15 9. Acceptance Not Waiver. The Citys 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 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 commences legal or Services Agreement 7280 Exterior Signage at the Lincoln Center Page 3 of 15 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 C, 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 Services Agreement 7280 Exterior Signage at the Lincoln Center Page 4 of 15 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 e-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 has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Services Agreement 7280 Exterior Signage at the Lincoln Center Page 5 of 15 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. Services Agreement 7280 Exterior Signage at the Lincoln Center Page 6 of 15 CITY OF FORT COLLINS, COLORADO a municipal corporation B James . O'Neill II, CPPO, FNIGP Dir or of Purchasing and Risk Management Date: ' Z ." d1l YESCO, LLC 4�/ Y6SCo- C is —Si �/ Q4r1E�/� By: A.c John Williams PRINT NAME President CORPORATE PRESIDENT OR VICE PRESIDENT Date: December 9, 2011 ATTEST: (Corporate Seal) CORPORATE SECRETARY Services Agreement 7280 Exterior Signage at the Lincoln Center Page 7 of 15 EXHIBIT A SCOPE OF WORK 250' 8'4' 8'4' p d" .1 r> t, f 1AIflAILUTTOiLEi1FRSWITHMULTI COLORED WASHLIGHTING SCALE38'-1'0' 00ANTIIT 1 MANUFACi URE AND IN5I ALL �p1LLEYAT10N SCALE 118' - I. 0' 13ICO MATERIAL AIMINUM �1 YESCO, TNICAIESS 101' FRESH SLOSS Custom Electric Signs. CMOR UUFURT AMC SILVER El ICU MAIMAL MUM NUMPIUSNMOUNT, It UP.., B.Rch 970412WE A' MISH E55 „01035 i s E N T../ 14,H c104n SYA s.: CO6N [QOR SE[COLOR I(T hU0..CUF05:•i wWW.VMm.lun the LINCOLN fSRWnYB CAfl AREA MAW [IF[TMUI MRYKF RCWOER IB OR MO center AYi M W. MA POLIA W Par OUPOIT AITE[ SAYY II CMLWCCLLDNW O.Minol wR` h,4�'-T�1 l,9imLNiinA�tlfllMly "Ojww sinaw�tMnWmWLdYMAWMw .._. ..........-..._..Y WAR LYE 24 5•, R 39' 14' T)OCX FOE HITTERS 'D I OP VOW OF SIGN I PAR HALT SCALE. IIS' -1'dl- -TESCDS 7M3'O.0 OAv. IRn"RON MR, NCYI IOOtFt ORIFOl OTN[R�E MOO. HIRMIZALAM M FOAL ELECT RN:AL STANDARD WHITE LED TO 645,1 AIM NOW CNAMEO AM MT NNAOOEO \ tin SO U. COLORS IDEC0' ROOMMATES OWKAYO WILL M WWEO FM 120 VOLT EOMIM HIRER! ---- UP 14,20 J1 N' CINTIIR IO UNTER OTMRWM NRNCATEIL ATTACK t0 WALE AS RE 11AREO W TNCII CD 0IC0RFMIS 77a F----1F-17 VOLT! AY% �1MW }Iq Ytl �Aifl 1. W!I 1W NOtlPfl ptl RlgLL Ifl.YMtlLi4Rtlf] Y MIgT, n nYY n1..b NCV1 i,IIY MMiYdC.Y R,R NIAWiI1.Y R111Y IfNf34Y1.11e,tlt0 ,!„M 64tl IMRMIIAIMIW iXE 4YF21 RiSi n,ES[I DESIGN#:11619-iR2 CROSS SECTION (PARTIAL; SCALE 3'-iP Rtl. ft, 7 j L 15 1 Services Agreement 7280 Exterior Signage at the Lincoln Center Page 8 of 15 EXHIBIT A SCOPE OF WORK lAl LILT 011T tmERS WITH MULTICOLORED WASH LIGHTING SCALE: 112' - I'-C' M QUANTITY: I MAHUEACTURF AND INSTALL *LLEVATION SCALE. IfB' - P D' Services Agreement 7280 Exterior Signage at the Lincoln Center WLWRN LL 1! 16' LAP 10 AUGh 934210UAL PAAELS I:A- WK BACKUP PANU 1.A- TWA F CC UTURS - VIED SP62Tm 3'0C IOTY B2 MI SWAT RICK �z - COATES SURA 5TRN5 tl HS3 2,2,10 - - UP 1:4'2a102/' CNNTER TO CEATER AT tACH TO NAIL AS fi[ NO Ld' THICK T C 0 OFCOR PANELS Z< CROSS SECTION MARTIALI SCALE-. 3' - V 0' 13LC 0 MATERW ALUMINUM MJ Y E S C 0. RNiO 6LOS Custom Electric Signs- CIX11R SEECMOAAEV i I.C.O. MATERIAL ALUMINUM PI C.Ii[A DIatA 9TD1225A66 IA ;MIT EM IT GLOSS 219M TR eRaW 9T0A22'59NAµ COLOR WPONL 421FC SAIRR FLCoNs.008052/ 1Hwa.TAPLA CLIP the LINCOLN POUMNB CAB. AIRA 26W I ELFCIRII:AL6FAAXFNUTARO YFS011N0 center Mks BY A.COUN11 IT DORGAN PANT WPONT0 ■ R. LOLLRIL CDtMA00 MAI CH TRESPA MET I ON M 124 PAT ® PAPA _OUPONII MAICH TNSPA MITE W WA 0181 F] I� PANi DUPONT i EAfs JMTHAN NA_R_91AN MICH TRFSPA MOTION MCA 4 IMT PARR WPONI A21EC SILVER Sp SCTEO 1� .AWgLtµLa6 Wrte tµ cwtlo Yt4:uafivaGlLq WI ql W IPA 41pY fgpq YY 111@'L V94t NA4 Rlti t! �.26.11 IMILWµ MYANMG NIa WIN:I:Iq iMwLnlmWr[rclpw Arta[LYgIlRN rnYrcoLw.axour[+s 1106.II AT — -- CML MH bArW All NOTE: UNLESS BTMERIWSE NOTED. ELECTRICAL RUNS OR FINAL ELECTRICAL NOOSUP IN ARSES ARE ROT INCLUDED. ILI UMINA TEO DISPLAYS WILL DE WOIEO FDA 120 VOLT POWER UNLESS OTHERWISE INDICATED. 0 VOLTSI aoo AMPD IaA MAi PA IIµ LIG T. µ ZA iN ItlUYQM1I PA �LL Iq N9M1Y LWYIMI MB[e YFt1E WLiH1161BNflµR]rytB f-0R Mµt6! tµy pLLeb rY O[I i teiYp UIU �Y 1111!:µRFYtR 1..T FlAF L4µ 4 qN W11M MI.!"3t lF[[IPILSLL. DESIGN#:11619.2111 Page 9 of 15